I am certainly not going to insult my hon. Friend, but what I will say is that payments after death are governed by the 1976 Act and payments before death fall under common law, so different rules and regimes apply. As I have said, in Scotland there has been some move to try to align certain aspects—but not by any means all aspects—of the rights of dependants, relating to mesothelioma in particular.
There are practical alternatives, and in her excellent speech my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) made a point that deserves re-emphasis. The work of the senior master of the
Queen’s bench division, master Whitaker, should be singled out for particular praise because he and his colleagues have developed specialist lists that, in effect, create a fast-track procedure for the efficient resolution of liability issues. The fast-track procedure allows for summary judgment to be passed where sufficient evidence has been demonstrated by claimants about exposure to asbestos in breach of duty and where defendants then have to show cause—reversing the burden, as it were—on evidence why that liability should not be proved. With the resolution of liability, interim payments can be made to claimants and their families to meet the claimants’ needs during life, but that interim payment does not bring resolution or quantum to a close. That can be achieved by a stay of the claim until after death, to allow the full quantum—the final value—of that claim to be properly assessed.
It is important that we make these points because if we are truly to address the needs of victims and their families, we have to understand what they need, rather than just make glib assumptions about brevity and the need to tie things up before the tragic event of the death of a victim.
We know that over the next 30 years mesothelioma will claim about 60,000 lives, and that means about 2,500 people will be dying every year from this aggressive cancer. This particular scheme deals with last-resort claims where there is no other alternative. Already we have seen welcome changes by the Government in the other place, by conceding the 70% levy and raising it to 75%, on figures that at the time in question still represented under 3% of the gross written premium for employer liability insurance. I know that these figures have been updated, but when this Bill reaches Committee more particularity must be given as to the basis for those updated figures, because it is crucial if we are to have a meaningful continuing negotiation with the insurance industry—which I think we should—that we know precisely what we are dealing with.
I know my hon. Friend the Minister cannot commit himself and the Government to particular figures today, but I urge him—and I know he will listen—to keep those figures open and to look to see if we can get a greater proportion, and whether we can achieve 80% as my hon. Friend the Member for Chatham and Aylesford suggested. The more we get, the more justice we will deliver for the victims and their families.