UK Parliament / Open data

Mesothelioma Bill [HL]

Debate on bills and Committee proceeding on Wednesday, 5 June 2013, in the House of Lords.
Lords committee stage first day. Clauses 1 to 3 agreed to. Clause 4 under consideration when the Committee adjourned.

About these Parliamentary proceedings

Reference

745 cc205-268GC 

Session

2013-14

Legislative stage

Committee stage

Chamber / Committee

House of Lords Grand Committee
Mesothelioma Bill (HL) 2013-14
Thursday, 9 May 2013
Bills
House of Lords
Deposited Paper DEP2013-0938
Friday, 7 June 2013
Deposited papers
House of Lords

Proceeding contributions

Lord Faulkner of Worcester | 745 c205GC (Link to this contribution)

My Lords, I apologise for being late. If there is a Division in the Chamber while we are sitting,...

Lord Avebury | 745 c205GC (Link to this contribution)

Moved by

Lord Avebury

1: Clause 1, page 1, line 3, after “may” insert “by statutory i...


Show all contributions (135)
Lord Avebury | 745 cc205-6GC (Link to this contribution)

My Lords, I am glad that these things happen to other people as well as to me. The Deputy Chairma...

Lord Freud | 745 c206GC (Link to this contribution)

My Lords, before there are any other contributions on this topic, it might save time if I respond...

Lord Howarth of Newport | 745 cc206-8GC (Link to this contribution)

My Lords, I hope the Committee will allow me to speak. I apologise for arriving late. My excuse i...

Lord McKenzie of Luton | 745 cc208-9GC (Link to this contribution)

My Lords, we have added our Front Bench names to Amendments 1 and 4 and concur with the two amend...

Lord Freud | 745 cc209-210GC (Link to this contribution)

Ah, I might say a few words. I hope that in my earlier intervention in the interests of saving a ...

Lord Alton of Liverpool | 745 c210GC (Link to this contribution)

Before the Minister sits down, perhaps he could put on the record a bit more about the imbalance ...

Lord Freud | 745 c210GC (Link to this contribution)

My Lords, the difficulty in doing such a negotiation is that this was pretty price-sensitive stuf...

Lord Avebury | 745 c210GC (Link to this contribution)

My Lords, I certainly was not objecting to the meetings that were held with the insurance industr...

Lord Howarth of Newport | 745 c210GC (Link to this contribution)

Moved by

Lord Howarth of Newport

7: Clause 2, page 1, line 16, at end insert—

“...

Lord Howarth of Newport | 745 cc211-2GC (Link to this contribution)

My Lords, the two amendments in this group, Amendments 7 and 8, would extend eligibility under th...

Lord James of Blackheath | 745 cc212-3GC (Link to this contribution)

My Lords, before I comment on what the noble Lord, Lord Howarth, said, I declare my interests. I ...

Lord Wills | 745 c213GC (Link to this contribution)

My Lords, I support my noble friend’s amendments on this issue. I first became aware of this terr...

Lord Walton of Detchant | 745 c213GC (Link to this contribution)

My Lords, I rise to support Amendment 8. I spent the greater part of my professional life practis...

Lord Alton of Liverpool | 745 cc213-4GC (Link to this contribution)

My Lords, like my noble friend Lord Walton of Detchant, in my time as a Liverpool Member of Parli...

Lord Martin of Springburn | 745 cc214-5GC (Link to this contribution)

My Lords, I am very interested in the question of families being exposed to asbestos. I draw on m...

Lord Wigley | 745 c215GC (Link to this contribution)

My Lords, I rise to speak very briefly in support of the amendments put forward by the noble Lord...

Lord Browne of Ladyton | 745 cc215-6GC (Link to this contribution)

My Lords, I rise briefly to support both of my noble friend Lord Howarth’s amendments, and I do s...

Baroness Golding | 745 c217GC (Link to this contribution)

My Lords, I have been discussing this Bill with a number of people in my former constituency. I w...

Lord Moonie | 745 c217GC (Link to this contribution)

I am sure that the Minister will be grateful to know that I shall be brief. Unlike the many lawye...

Lord Empey | 745 cc217-9GC (Link to this contribution)

My Lords, like many Members, I have the honour to have represented a shipyards constituency for o...

Lord McKenzie of Luton | 745 c219GC (Link to this contribution)

My Lords, I would like to add a few points to the very extensive and knowledgeable debate that ha...

Lord Freud | 745 cc219-220GC (Link to this contribution)

I thank the noble Lord, Lord Howarth, for these amendments. Clearly, their intention is to make t...

Lord Wills | 745 c220GC (Link to this contribution)

When the Minister talks about a disproportionate burden, does he accept that for years and years,...

Lord Freud | 745 c220GC (Link to this contribution)

My Lords, there is a deep and difficult history to this of which, I suspect, everyone in this roo...

Lord Avebury | 745 c220GC (Link to this contribution)

I am sorry to interrupt my noble friend, but was it always clear whether a person was covered by ...

Lord Freud | 745 cc220-1GC (Link to this contribution)

That is a very important point. As the noble Lord, Lord McKenzie, was querying, some people will ...

Lord James of Blackheath | 745 c221GC (Link to this contribution)

If the noble Lord will forgive me, the state does not have a liability because it pulled the dirt...

Lord Freud | 745 c221GC (Link to this contribution)

My Lords, clearly I speak for the whole Government generally. The specifics of this are really fo...

Lord Wigley | 745 c221GC (Link to this contribution)

Before we move on, perhaps I can pick the Minister up on the words that he used a moment ago, tha...

Lord Freud | 745 c221GC (Link to this contribution)

I am sorry; if I said that, I truncated some words. What I meant to say is that the Government do...

Lord Alton of Liverpool | 745 c222GC (Link to this contribution)

On that point, has the Minister seen the ABI briefing, where it says:

“There will only be a...

Lord Freud | 745 c222GC (Link to this contribution)

Well, my Lords, if I am cleared to speak to the insurance industry again by this Committee, I wil...

Baroness Golding | 745 c222GC (Link to this contribution)

Before the Minister sits down, I ask him to define what the present circumstances are.

Lord Freud | 745 c222GC (Link to this contribution)

I really will have to come back on that. It sounds to me like quite a complicated legal position....

Lord Howarth of Newport | 745 cc222-3GC (Link to this contribution)

My Lords, I thank all noble Lords who have contributed to what we knew would be an important deba...

Lord Howarth of Newport | 745 c224GC (Link to this contribution)

Moved by

Lord Howarth of Newport

9: Clause 2, page 1, line 17, leave out paragraph (b...

Lord Howarth of Newport | 745 cc224-5GC (Link to this contribution)

My Lords, we need alternates. I am looking forward to an imminent group where I shall have nothin...

Lord Alton of Liverpool | 745 cc226-7GC (Link to this contribution)

My Lords, with his characteristic courtesy, earlier this week the Minister gave Members of the Co...

Lord Wills | 745 c228GC (Link to this contribution)

My Lords, I support these amendments. I am particularly attracted by the one tabled by my noble f...

Baroness Masham of Ilton | 745 c228GC (Link to this contribution)

My Lords, are people with mesothelioma covered by the Disability Discrimination Act? If not, they...

Baroness Sherlock | 745 cc228-230GC (Link to this contribution)

My Lords, I shall speak to Amendments 11 and 14 in my name and that of my noble friend Lord McKen...

Lord James of Blackheath | 745 cc230-1GC (Link to this contribution)

Perhaps the Minister will allow me to make one last entry into this debate. I believe that I can ...

Lord Howarth of Newport | 745 c231GC (Link to this contribution)

Given the noble Lord’s deep knowledge of this, since Equitas was set up to rescue Lloyd’s from th...

Lord James of Blackheath | 745 cc231-2GC (Link to this contribution)

In the main, they are in the custody of what was the Department of Trade and Industry, because it...

Lord James of Blackheath | 745 c232GC (Link to this contribution)

I am sorry, but that is a true story.

We are worrying about whether we have the files on th...

Lord Freud | 745 cc232-3GC (Link to this contribution)

My Lords, we could spend a lot of time on this. I was at Warburg when it helped to sort out Equit...

Baroness Sherlock | 745 c233GC (Link to this contribution)

The Minister is again speaking of reserving for the liabilities. I am grateful to the noble Lord,...

Lord Freud | 745 c233GC (Link to this contribution)

What happens is that insurers have to provide that they have sufficient funds to meet their liabi...

Lord McKenzie of Luton | 745 c233GC (Link to this contribution)

Can the Minister expand on that point? I understand the need to provide for liabilities, but is t...

Lord Freud | 745 c233GC (Link to this contribution)

What the insurer has to do, as I understand it, is to provide for future liabilities. Through an ...

Lord Wills | 745 c234GC (Link to this contribution)

I am sure that shortly the Minister will give us an assurance that he will provide the figures th...

Baroness Sherlock | 745 c234GC (Link to this contribution)

I would like to offer the Minister a way of reassuring us on this because we may be talking at cr...

Lord Freud | 745 c234GC (Link to this contribution)

I will double-check, my Lords, but my understanding is that a reserve from an insurance company i...

Lord Browne of Belmont | 745 c234GC (Link to this contribution)

If I understand correctly the background papers to this scheme, particularly the impact assessmen...

Lord Freud | 745 cc235-6GC (Link to this contribution)

That is one of the central issues with imposing a levy based on the existing market share. There ...

Lord McKenzie of Luton | 745 c236GC (Link to this contribution)

Will the Minister confirm whether the £119 million is gross or net of benefit recovery?

Lord Freud | 745 c236GC (Link to this contribution)

I think that it is net, but I will have to write with the right answer to that. I urge the noble ...

Lord Howarth of Newport | 745 c236GC (Link to this contribution)

My Lords, this has been a valuable opportunity for us to begin to explore one of the most importa...

Lord Freud | 745 c237GC (Link to this contribution)

I remind the noble Lord that Equitas and Lloyd’s were dealing with reinsurance, not primary insur...

Lord Howarth of Newport | 745 cc237-8GC (Link to this contribution)

I certainly accept that point, but I also noted what the noble Lord, Lord James of Blackheath, sa...

Lord Alton of Liverpool | 745 c238GC (Link to this contribution)

Moved by

Lord Alton of Liverpool

10: Clause 2, page 1, line 17, leave out “25 July 20...

Lord Alton of Liverpool | 745 cc238-241GC (Link to this contribution)

My Lords, Amendment 10 has already been dealt with in the debate we have just had, so my remarks ...

Lord Walton of Detchant | 745 cc240-3GC (Link to this contribution)

My Lords, it is a pleasure to follow the noble Lord, Lord Alton, particularly in the light of the...

Baroness Butler-Sloss | 745 c242GC (Link to this contribution)

My Lords, I, too, have put my name to Amendment 31. It is with some hesitation that I rise to spe...

Lord Wigley | 745 cc242-5GC (Link to this contribution)

My Lords, I, too, have added my name to Amendment 31. I thank the noble Lord, Lord Alton, for the...

Lord Kakkar | 745 cc245-6GC (Link to this contribution)

My Lords, I support Amendment 31. In doing so, I declare my interest as professor of surgery at U...

Lord Pannick | 745 cc246-7GC (Link to this contribution)

My Lords, I, too, support Amendment 31, for all the reasons powerfully advanced by the noble Lord...

Lord Empey | 745 c247GC (Link to this contribution)

Does the noble Lord also recall the statutory ability to charge levies through organisations such...

Lord Pannick | 745 c247GC (Link to this contribution)

The noble Lord is right. As I mentioned, there are other examples. Parliament imposes levies when...

Lord Howarth of Newport | 745 cc247-8GC (Link to this contribution)

My Lords, I add my thanks and congratulations to the noble Lord, Lord Alton of Liverpool, on tabl...

Baroness Masham of Ilton | 745 c248GC (Link to this contribution)

My Lords, I, too, put my name to the letter and I, too, support my noble friend’s amendment—at le...

Lord Avebury | 745 cc248-9GC (Link to this contribution)

My Lords, I, too, was one of the signatories of the letter that was drafted by the noble Lord, Lo...

Lord Empey | 745 c249GC (Link to this contribution)

My Lords, I hope that the Minister did not think that I was being flippant in my earlier interven...

Lord McKenzie of Luton | 745 cc249-250GC (Link to this contribution)

My Lords, we support the concept of insurers contributing to fund research to find new treatments...

Lord Freud | 745 c250GC (Link to this contribution)

Well, my Lords, I feel like adding my name to the amendment.

I have spent an enormous amoun...

Lord Pannick | 745 c251GC (Link to this contribution)

To clarify, is the noble Lord saying that the only impediment to including a provision of this so...

Lord Freud | 745 c251GC (Link to this contribution)

I have done quite a lot of work on this, as I have said, and talked to the department. I am sayin...

Baroness Sherlock | 745 c251GC (Link to this contribution)

The question of whether the Department of Health wishes to do this is a separate matter but, on w...

Lord Freud | 745 c251GC (Link to this contribution)

I am not sure of the definition of illegality, but our powers are such that we cannot raise money...

Baroness Butler-Sloss | 745 c251GC (Link to this contribution)

I hope that the Minister will forgive me for interrupting him again but is he saying that the dep...

Baroness Masham of Ilton | 745 c251GC (Link to this contribution)

Is it not about time that we changed the policy, if it is policy, because surely now one wants to...

Lord Kakkar | 745 c252GC (Link to this contribution)

My Lords, the national research effort has been a great success in our country because it is stra...

Lord Moonie | 745 c252GC (Link to this contribution)

Perhaps I may add a small point from my own field in medicine. One of the problems with mesotheli...

Lord Freud | 745 cc252-3GC (Link to this contribution)

I take from this a weight of feeling and, bluntly, the best thing that I can do is to take it bac...

Lord McKenzie of Luton | 745 c253GC (Link to this contribution)

I think that we all recognise the Minister’s commitment to this issue. However, has any thought b...

Lord Freud | 745 c253GC (Link to this contribution)

To be honest, I do not think that we have looked at that as an option. I will have another look a...

Lord Howarth of Newport | 745 c253GC (Link to this contribution)

When the Minister goes round the wheel again and has conversations with the Minister in the Cabin...

Lord Freud | 745 c253GC (Link to this contribution)

I have actually got round to asking that question already, so I can answer it now. The reason is ...

Lord Alton of Liverpool | 745 cc253-5GC (Link to this contribution)

My Lords, the Minister said that he feels like a mad mouse going round in a wheel. Fortunately, w...

Lord McKenzie of Luton | 745 c255GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

12: Clause 2, page 1, line 18, after “an” insert “suc...

Lord McKenzie of Luton | 745 cc255-6GC (Link to this contribution)

My Lords, this is, I hope, a brief and probing amendment. To be eligible for a payment under the ...

Lord Browne of Ladyton | 745 c256GC (Link to this contribution)

My Lords, I support my noble friend’s amendment, although I think that there is a more elegant wa...

Lord Freud | 745 cc256-7GC (Link to this contribution)

My Lords, as I understand it, the purpose of the amendment is that a person may be eligible for a...

Lord Browne of Ladyton | 745 c257GC (Link to this contribution)

My Lords, I am reluctant to intervene on the Minister when he is reading a very carefully constru...

Lord Freud | 745 c257GC (Link to this contribution)

Lord Freud: My Lords, what the legislation aims to do, and does, is to say, “Go to your relevant ...

Lord Browne of Ladyton | 745 c257GC (Link to this contribution)

The reason we are able to deal with these cases in this way is because of the history of the way ...

Lord Freud | 745 c257GC (Link to this contribution)

As I said, let me write to noble Lords about the necessity or otherwise of the first half of the ...

Lord McKenzie of Luton | 745 c258GC (Link to this contribution)

My Lords, I am grateful to my noble friend Lord Browne for his intervention and for challenging t...

Lord McKenzie of Luton | 745 c258GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

13: Clause 2, page 2, line 20, at end insert “but sha...

Lord McKenzie of Luton | 745 c258GC (Link to this contribution)

My Lords, Amendment 13 is another probing amendment which addresses another aspect of eligibility...

Lord Freud | 745 cc258-9GC (Link to this contribution)

I thank the noble Lord for the amendments. The intention of Amendment 13 is to ensure that a pers...

Lord Wigley | 745 c259GC (Link to this contribution)

I believe I am right in interpreting that there are cases that could get compensation for diffuse...

Lord Freud | 745 c259GC (Link to this contribution)

The noble Lord is raising a slightly different question. What we are looking at here is the quest...

Lord McKenzie of Luton | 745 c260GC (Link to this contribution)

I am grateful to the noble Lord for his explanation. It has confirmed the position, which was the...

Lord Freud | 745 c260GC (Link to this contribution)

We do not have the legislation to match. I am not sure that, off the top of my head, I can be pre...

Lord McKenzie of Luton | 745 c260GC (Link to this contribution)

I am grateful to the noble Lord and happy to receive a letter in due course. I beg leave to withd...

Lord McKenzie of Luton | 745 c260GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

15: Clause 4, page 3, line 4, at end insert “but shal...

Lord McKenzie of Luton | 745 cc260-2GC (Link to this contribution)

My Lords, as the Minister will be aware, while I am supportive of the scheme that he brings forwa...

Lord Howarth of Newport | 745 c262GC (Link to this contribution)

My Lords, my Amendment 18 is grouped with Amendment 15, just moved by my noble friend Lord McKenz...

Lord Avebury | 745 cc262-3GC (Link to this contribution)

My Lords, I certainly agree with the noble Lord, Lord Howarth, about the incentive argument. I th...

Lord Wigley | 745 cc263-4GC (Link to this contribution)

My Lords, the fact that we are at a late stage of the debate today should not stop us from speaki...

Lord Wills | 745 c264GC (Link to this contribution)

My Lords, I, too, support the amendments. I very much agree with my noble friend on the Front Ben...

Baroness Donaghy | 745 c264GC (Link to this contribution)

My Lords, briefly, we are being presented with the alternatives of finding the paperwork, in whic...

Lord Freud | 745 cc264-5GC (Link to this contribution)

My Lords, the amendment seeks to set the rate of payment at 100% of the average civil award amoun...

Lord Howarth of Newport | 745 c265GC (Link to this contribution)

I understand that argument, but can I put two other considerations to the noble Lord? When the Ll...

Lord Freud | 745 cc265-6GC (Link to this contribution)

It is always a dangerous thing to base it on a moral argument, particularly in this area. It is a...

Lord McKenzie of Luton | 745 c266GC (Link to this contribution)

My Lords, I thank the Minister for his reply, none of which comes as a surprise. I thank all nobl...

Lord Freud | 745 c267GC (Link to this contribution)

Perhaps I may quickly clear up that matter. When you look at the totals, you have to take into ac...

Lord McKenzie of Luton | 745 c267GC (Link to this contribution)

I accept that point, but is not part of the smoothing in the early years being done by government...

Lord Freud | 745 c267GC (Link to this contribution)

It is a very small amount. We will actually do the smoothing over the years. Turning round the re...

Lord McKenzie of Luton | 745 c267GC (Link to this contribution)

I think that £17 million is the cost of the government contribution. I still do not think that we...

Lord Colwyn | 745 c268GC (Link to this contribution)

Does the noble Lord wish to withdraw the amendment?

Lord McKenzie of Luton | 745 c268GC (Link to this contribution)

I do not know whether the Minister has anything further to say.

Lord Freud | 745 c268GC (Link to this contribution)

I simply urge the noble Lord to withdraw the amendment.

Lord McKenzie of Luton | 745 c268GC (Link to this contribution)

Before I do, is the Minister going to say anything about the MoJ consultation?

Lord Freud | 745 c268GC (Link to this contribution)

There is not much that I can add to what I said at Second Reading. Clearly, there is a consultati...

Lord McKenzie of Luton | 745 c268GC (Link to this contribution)

Can the Minister just say whether any of that featured in the discussions and negotiations that h...

Lord Freud | 745 c268GC (Link to this contribution)

Yes. It was important to the industry that the MoJ undertook to look at those issues. That was re...

Lord McKenzie of Luton | 745 c268GC (Link to this contribution)

I shall read the record on that and I may return to the point in due course. However, given the h...

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