I thank the Minister for introducing these regulations and I am grateful for the opportunity to be able to respond virtually. As the Minister noted, these schemes
stand apart from the main social security benefits uprating procedure and there is no statutory requirement to increase rates. It is right that the Government will increase the amounts payable from 1 April 2021 in line with the September consumer price index figure of 0.5%, and, as in previous years, my Labour colleagues and I will support the increase.
I know that many Members of this House will be aware of the impact that these awful diseases can have on victims and their families. I am sure that they will want to join me in paying tribute to organisations such as Mesothelioma UK, the British Lung Foundation and Macmillan Cancer Support, which provide ongoing support and information.
The Health and Safety Executive estimates that 12,000 deaths each year are linked to occupational lung disease. Mesothelioma is a type of cancer that is almost always linked to asbestos exposure and most commonly affects the lining of the lungs. According to NHS website statistics, more than 2,600 people are diagnosed with this condition each year in the UK. Most of those diagnosed are aged between 60 and 80, and men are more commonly affected than women. Sadly, it is rarely possible to cure this disease, but treatment can help to control the symptoms.
Before the dangers were known, asbestos was frequently used for insulation, roofing and flooring in commercial buildings and homes. Its use was banned under the Asbestos (Prohibitions) (Amendment) Regulations 1999. Buildings constructed before 2000 may still have asbestos in them. Many colleagues will be aware that, unfortunately, those who worked in industries such as building and construction, particularly from the ’70s to the ’90s, may therefore have been exposed to asbestos. It can take many years for mesothelioma to develop, between exposure to the hazardous material and the onset of symptoms.
The term pneumoconiosis refers to a group of lung diseases caused by the inhalation and retention in the lungs of dust. People working in construction, quarrying, mining, pottery, sandblasting, ceramics and glass manufacturing are most at risk. As with mesothelioma, there is a long delay between exposure and the onset of disease, so most new cases or deaths reflect past working conditions and occur in individuals who have retired. Although both diseases are usually caused by employment conditions, sufferers are often not able to pursue claims for civil damages because of their long latency.
At last year’s Committee on the uprating of these payments, my hon. Friend the Member for Wirral West (Margaret Greenwood) raised, as others had before her, the question of why this does not happen automatically. In response, the Minister stated that there would be “no monetary gain” in automatic uprating because benefit payments are already
“uprated… in line with CPI every year.”
He also noted:
“These debates provide a valuable avenue for Members to discuss their thoughts on the lump sum schemes and, more broadly, on support for people with respiratory disease”.—[Official Report, Fifth Delegated Legislation Committee, 25 February 2020; c. 8.]
While I agree with the latter point, I suspect that many sufferers and campaigners would prefer to have the security of knowing that the uprating will happen every year without fail. I further note that the Minister promised to keep this under review. I would be grateful if he clarified his current position on this.
We also continue to have concerns about the huge discrepancy between lump sum payments made to victims and those made to their dependants. For example, a qualifying individual suffering from mesothelioma who was aged 60 at the time of diagnosis would currently receive £44,092. Payments to dependants, however, are significantly lower, and a dependant of someone who died aged 60 could currently receive £19,087. In response to a written question tabled by my hon. Friend the Member for Manchester, Gorton (Afzal Khan) in January last year, the Minister stated:
“It is right that available funding is prioritised where it is needed most, that is to people living with these diseases.”
I ask him again today whether he thinks that this is a fair level of compensation, given that these conditions were caused by individuals’ working environments and a substance that has since been banned.
We also cannot ignore the fact that this disparity is more likely to impact on women. Only 12% of the 2,025 new cases of mesothelioma assessed for industrial injuries disablement benefit in 2019 were female. That gives us a good indication of the gender imbalance. I am keen to know what assessment the Government have made of the impact of this lack of parity in payments on women in particular.
I also ask the Minister to share the most recent estimated cost of providing equal payments for sufferers and their dependants. I am aware that, as with automatic uprating, this issue has been raised annually by my predecessors and other Members. Does the Minister agree that this is rather telling? In 2010, the then Labour Minister, Lord McKenzie of Luton, pledged to equalise payments, yet here we are, 11 years on, still asking the Government do the right thing. Once again, I urge the Minister to reflect on this.
I will finish with two points that may not fall within the scope of this legislation but are nevertheless important to put on record. The first is on funding for treatment and research. As we know, cures for this condition are sadly lacking. Will the Minister and his colleagues at the Department of Health and Social Care consider additional funding for research into the increasing number of treatment options available? I know that many will also be keen to know what action the Government are taking to raise awareness of these conditions, their causes and the support available. That feels particularly important during the pandemic, given that victims of these diseases have been at increased risk for the past year.
My second point is on funding for the Health and Safety Executive, with which responsibility for asbestos primarily lies. Under successive Conservative Governments, funding for the HSE has been cut by £144 million in real terms. Although the Government announced £14 million in extra funding in May 2020, that is a drop in the ocean. What discussions has the Minister had with colleagues about the impact that these cuts have had on the HSE’s ability to regulate, monitor and take proactive action to prevent work-related injury and ill health?
While we are very happy to support today’s uprating of these lump sum payments in line with inflation, I hope I have made it clear that we continue to have a number of unresolved concerns. I would welcome further commitments from the Minister to look again at the equalisation and automatic uprating of these payments in future years.
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