I start by echoing the distress expressed by my hon. Friend the Member for Barrow and Furness (John Woodcock) about the tone of the Minister's remarks, which showed a real lack of empathy with the situation that mesothelioma sufferers and their families face. What happens in so many of these cases is that victims become aware of the illness many years after they been exposed to asbestos, and often after the organisation responsible for that has long since disappeared. They face a troublesome problem in identifying who was responsible in the first place and they are then faced with the shocking news that their lives are shortly going to come to end and they are going to experience agonising circumstances in the run-up to their deaths.
For many of the people who have been on that journey, the last thing on their minds when they receive this appalling news is the idea that they need to embark on some complicated and potentially costly hunt for compensation. People who work with victims of asbestos-related diseases, such as mesothelioma, say that it is hard to persuade them to make claims because they are so heartbroken by their recent experiences. They tell me that if those who seek advice learn that there may be a cost impact, many are likely to choose to let the matter drop. It would be a real dereliction of duty on the part of all of us if we allowed that to happen.
The Derbyshire Asbestos Support Team has given me some examples including that of Roy Redfern, a joiner in the building trade from Chesterfield who also worked for Severn Trent for 16 years. He was diagnosed with mesothelioma, but died before he could obtain compensation. His wife Vicky and his daughter Helen pursued his claim, but when they came to see me this week they said that if they had been told that costs would be attached at the time when they were facing the tragedy, they would not have proceeded with the claim. This is not just about the fact that the increased costs will mean victims ending up with less money; it is also about the impact on victims and their families who pursue claims in the first place.
I also question the level of costs that the Government will save. Under the 2008 mesothelioma scheme, every claimant receives a compensation payment regardless of whether the company concerned still exists or whether the exposure to asbestos is secondary. A person aged 77 or over receives £12,666, while one aged 65 receives about £22,000. If someone subsequently pursues a successful civil claim, the Government recoup the money through the compensation recovery unit. If fewer people proceed with their claims there may be a cost saving, but the Government will not be able to recoup that money.
Finally, there is the question of whether approving the exemption for mesothelioma sufferers would open the floodgates. Surely the fact that we cannot always do the right thing for every single group does not mean that we should never do the right thing for any group. As we heard from my hon. Friend the Member for Hammersmith (Mr Slaughter), these people face an agonising death, and they are never the cause of their circumstances but always the victims. At a time when the Government are proposing massive savings in justice bills, for us to make this small concession to one group of people who are suffering terribly would show the human side of the House. I urge all Members to support the amendment, which was backed by members of all parties and huge numbers of Cross-Benchers in the other place, and to show that the House of Commons has a heart.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Toby Perkins
(Labour)
in the House of Commons on Tuesday, 17 April 2012.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
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543 c273-4 
Session
2010-12
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