Legal Aid, Sentencing and Punishment of Offenders Bill

I begin by paying tribute to Lord Alton and those who supported him in proposing amendment 31. We have had a number of powerful contributions to this evening's short debate, but none more so than that from the hon. Member for Chatham and Aylesford (Tracey Crouch), who made a thoughtful and compassionate speech that was listened to carefully. I urge the Minister, even at this late stage, to show some compassion and to listen carefully to the expressions of concern that are not just reserved to the Opposition, but are being expressed publicly and privately on both sides of the House. What this issue boils down to is: who pays the legal fees when a claim for damages is concluded? As we have heard from the Minister, legal aid is no longer available. Since 1999, the losing defendant has paid; now, the Government are saying that the claimant must pay. I have to be completely honest and open with the Minister: if he was proposing to switch the burden to claimants for road traffic claims only, which account for 70% of personal injury claims, I would not be contributing to this debate. It would remain to be seen whether he was right to think that that would drive down costs, but I do not have evidence to argue to the contrary in those cases. However, amendment 31 is not about whiplash cases; as we have heard, it is principally about people with a fatal respiratory disease: mesothelioma. These are people who, frankly, expect to be dead within one year of their diagnosis; who face the prospect of excruciating pain and difficult medical treatment; who have to cope with the trauma and upset that they and their families feel. These people are not ambulance-chasers; they are not part of a compensation culture, and they deserve justice. The truth is that, as my hon. Friend the Member for Stretford and Urmston (Kate Green) alluded to earlier, many of these people do not claim now, such is the trauma they have to face. If the Government's proposal is enacted, it will drive that number down still further. How can the Minister expect such victims and their families—people who have received the diagnosis and know they are going to die—to shop around for the cheapest possible lawyer when they need every ounce of their energy to fight their disease? I want to draw the Minister's attention to comments made by the widow of someone who died from mesothelioma, which were brought to my attention by Tony Whitston from the Greater Manchester Asbestos Victims Support Group. These are compelling remarks and I ask the Minister to reflect on them. The widow says:"““I know the mere talk of legal action, court cases and costs was the farthest thought from mine or Peter's mind. Whilst you are trying to cope with the physical and emotional trauma that comes with the words terminal illness you cannot contemplate the extra worry and anxiety that claiming compensation would bring. Mesothelioma sufferers are in constant pain and always fighting to breathe, they suffer horrendously and they and their families are traumatised at what the future holds.””" It is up to the Minister to bring some hope to people in that situation, not injustice, yet Ministers want to make successful claimants pay up to 25% of their award for pain and suffering as a success fee to their lawyer. I know that that success fee is not a bonus for the lawyer but is meant to cover the costs of other cases, but why should the successful claimants—the mesothelioma sufferers—have to pay? Surely their former employers and their insurance companies should have to pay. The Government say that there will be a 10% uplift in general damages in the awards, but that is an estimate and cannot be guaranteed. Even so, those who were awarded payments would still pay thousands of pounds in a success fee. Ministers also talk about qualified one-way cost shifting, but that does not take account of the disbursements that are often required in these complex cases, costing on average £8,000 a claim. I have never believed that compassion belongs to one party in this House. I believe that it can be found all around the Chamber and Members of Parliament from all parties are concerned about the issue. I finish my speech by urging the Minister to listen, even at this stage, to the voices of those who have spoken in tonight's debate and those who might speak to him after the debate in more private surroundings. I urge him to listen because what the victims of mesothelioma want from him is not only compassion but justice.