Damages (Asbestos-related Conditions) Bill [HL]

My Lords, I congratulate my noble friend Lady Quin on securing a Second Reading debate on this important issue. The main focus of her Bill is pleural plaques. I know that this issue was the subject of a similar Bill in the last Session of Parliament and several previous adjournment debates in another place, where an identical Bill is also receiving its Second Reading today. The Bill provides for asymptomatic pleural plaques and the separate conditions of asymptomatic pleural thickening and asymptomatic asbestosis to constitute actionable damage under the law of tort for which damages may be awarded. In approximately 1 per cent of cases, pleural plaques cause symptoms, and in these cases it remains possible to bring a claim under the civil law. The Bill also contains provisions on limitation and retrospectivity to enable claims to be brought in cases which were stayed pending the House of Lords decision on pleural plaques and those which have not been concluded subsequently. The issue of pleural plaques has been the subject of considerable interest and attention both within Parliament and outside it. It may be helpful if I begin by explaining the current position before turning to the Bill. As noble Lords may know, the Government have carried out a consultation exercise on the question of whether pleural plaques should be made compensatable under the civil law. The consultation paper proposed action to improve understanding of pleural plaques and to provide support and reassurance to those diagnosed with pleural plaques to help allay their concerns. It considered the issues that arise in relation to changing the law of negligence and invited views on whether this would or would not be appropriate. It also sought views on the merits of offering no-fault financial support to people diagnosed with pleural plaques, and on two possible ways of doing this. I understand the concerns that have been expressed about the time it has taken to reach conclusions in the light of this consultation. The House of Lords decision raised extremely complex and difficult issues which have required very careful consideration within Government. It has also been important to look beyond the issue of pleural plaques itself to consider how people who have been exposed to asbestos can be supported much more widely. We have made clear throughout that it is very important to ensure that any decisions are reached on the basis of the best available medical evidence on the nature of pleural plaques. For that reason, we have commissioned and published reviews of the medical evidence carried out on behalf of the Chief Medical Officer for England and Wales and by the Industrial Injuries Advisory Council to help inform consideration of the issue. Helpful further discussions have also taken place with key medical experts in relation to the medical evidence. As I have said, it is also important to consider much more widely how people exposed to asbestos can be supported. The Government have been consistent in their commitment to give people suffering from mesothelioma and other serious asbestos-related diseases the help and support they deserve, and we are determined to build on the positive steps that we have already taken on this. With that in mind, the Justice Secretary has confirmed that the Government are actively considering measures to make the UK a global leader in research for the alleviation, prevention and cure of asbestos-related diseases; and to help speed up compensation claims for those who develop serious asbestos-related diseases such as mesothelioma. This includes examination of the process for tracking and tracing employment and insurance records, as well as looking into the support given to individuals who are unable to trace such records. Further details of the Government’s plans on these extremely important issues will be announced shortly. The Bill has to be considered in the context of all these developments. It represents one possible approach to the issue of pleural plaques. However, there are a number of other approaches to the wider issues surrounding asbestos-related diseases which could be appropriate. We want to ensure that these are considered fully and the best response identified. As we are still in the process of assessing what the Government’s response should be on pleural plaques and the wider issues affecting those suffering from asbestos-related diseases, it is not possible to give a firm indication today of what the Government’s ultimate position on the noble Baroness’s Bill may be. The noble Lord, Lord Henley, asked five questions, to which I do not have answers, other than that the Scottish judgment is, as he said, currently being appealed and it would be inappropriate for me to comment on it. The essential point about the speed at which the asbestos-related claims I have alluded to are considered, and his other questions, will be answered when we complete the process of consultation and publish the results. We hope that will happen shortly. On the basis of what I have said so far, I can confirm that the Government are content for the Bill to proceed today.