UK Parliament / Open data

Compensation Bill [Lords]

Proceeding contribution from Oliver Heald (Conservative) in the House of Commons on Monday, 17 July 2006. It occurred during Debate on bills on Compensation Bill (HL).
I must make some progress. The hon. Gentleman has much on the selection list and we will hear from him later. As I said earlier, what we are considering is hardly an example of joined-up government. However, we support the Government’s decision to reverse the court decision. It is important to be sure that it goes as far as necessary. Nick Starling, director of general insurance at the Association of British Insurers, said that the organisation remains concerned that the new clause still does not tackle some of the problems that the ABI identified. He said that, in particular, analysis of several scenarios revealed a danger that some claimants will not receive full compensation. That is likely to occur when all the defendants are insolvent and there are gaps in insurance cover. I would be grateful if the Minister gave a fuller response than the one that she gave earlier about that, because it would be good to get this matter sorted out at this stage. Mesothelioma is a dreadful disease. It is caused by asbestos fibres and can lie dormant for 30 to 40 years. Following diagnosis, it is incredibly aggressive and often leads to death in one to two years. It is a very painful and distressing condition, and it is often the result of a failure to provide a safe system of work. Not every sufferer will have a legal case, but some of those who do cannot trace their former employer or his insurer. The problem with doing no more than reversing the Barker judgment is that it will do nothing to speed up compensation, to make the process less adversarial or to give those who cannot trace their former employers or their insurers access to justice. Such a move would also require expenditure on legal costs that might not be strictly necessary. There is a case for establishing a scheme to compensate those who have a case and to provide for later recovery and apportionment of damage, and I am pleased that the Minister is having discussions on this matter. My new clause 6 would enable her to take legislative powers now. She has told the House that the Department for Work and Pensions will make a statement on mesothelioma. Is a separate body part of the solution that is being considered?
Type
Proceeding contribution
Reference
449 c53 
Session
2005-06
Chamber / Committee
House of Commons chamber
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