UK Parliament / Open data

Mesothelioma Bill [HL]

Debate on bills and Committee proceeding on Monday, 10 June 2013, in the House of Lords.
Lords committee stage second day. Clauses 4-21 and Schedules 1-2 agreed to. New clauses debated and withdrawn. Bill reported without amendment.

About these Parliamentary proceedings

Reference

745 cc269-322GC 

Session

2013-14

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords Grand Committee
Mesothelioma Bill (HL) 2013-14
Thursday, 9 May 2013
Bills
House of Lords
Delegated Powers and Regulatory Reform Committee first report.
Wednesday, 22 May 2013
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee. Second Report. Mesothelioma Bill (HL): Government response: Clause 15.
Tuesday, 4 June 2013
Parliamentary committees
House of Lords
Deposited Paper DEP2013-1160
Thursday, 4 July 2013
Deposited papers
House of Lords

Proceeding contributions

Lord Colwyn | 745 c269GC (Link to this contribution)

My Lords, as usual, if there is a Division in the Chamber while we are here, we will adjourn for ...

Lord McKenzie of Luton | 745 c269GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

16: Clause 4, page 3, line 4, at end insert—

“(...


Show all contributions (124)
Lord McKenzie of Luton | 745 cc269-270GC (Link to this contribution)

My Lords, Amendment 16 requires an independent review of average civil compensation for mesotheli...

Lord Freud | 745 cc270-1GC (Link to this contribution)

My Lords, before I address the noble Lord’s amendment, I shall clarify a couple of points that we...

Lord Howarth of Newport | 745 c271GC (Link to this contribution)

I am extremely grateful to the Minister for responding to the Committee on this point, which was ...

Lord Moonie | 745 c271GC (Link to this contribution)

To follow up on that, was the Minister referring to claims or successful claims?

Lord Freud | 745 c271GC (Link to this contribution)

I am not sure whether they are claims or successful claims. My understanding is that there have b...

Lord Browne of Ladyton | 745 c271GC (Link to this contribution)

The noble Lord is generous with his time. I listened carefully to his words. If they were a direc...

Lord German | 745 c272GC (Link to this contribution)

Following that point, I will quote from a House of Commons document, Mesothelioma: Civil Court Cl...

Lord Freud | 745 c272GC (Link to this contribution)

My Lords, I am grateful for those observations. I am sure that we will have a chance to discuss t...

Lord Wigley | 745 c272GC (Link to this contribution)

Before the Minister moves on, is he not going to respond to the point made by his noble friend, w...

Lord Freud | 745 c272GC (Link to this contribution)

My Lords, we could spend all day on one point. I am just trying to get a response on the record. ...

Baroness Sherlock | 745 c272GC (Link to this contribution)

My Lords, I thank the noble Lord for taking the trouble to look into that and for the gracious wa...

Lord Freud | 745 cc273-4GC (Link to this contribution)

In the interests of time, the best thing I can do today is to accept the fantastic offer of futur...

Lord McKenzie of Luton | 745 c274GC (Link to this contribution)

My Lords, I thank the Minister for his clarifications on some of our earlier debates. I am sure w...

Lord Freud | 745 c275GC (Link to this contribution)

That is a good point. I should have made it in response. Just to make it absolutely clear, the le...

Lord McKenzie of Luton | 745 c275GC (Link to this contribution)

I am grateful for that, and I understood that position. I guess that the insurer in that respect ...

Lord Freud | 745 c275GC (Link to this contribution)

There are two points there. We have not determined the £2,000. We are looking at those two figure...

Lord McKenzie of Luton | 745 c275GC (Link to this contribution)

I look forward to the final figures when they do come out. Can the Minister assure us that we wil...

Lord Freud | 745 c275GC (Link to this contribution)

With the smallest of caveats, I am most hopeful that I will get that information to the noble Lor...

Lord McKenzie of Luton | 745 c275GC (Link to this contribution)

I am most grateful to the Minister, and I beg leave to withdraw the amendment.

Lord Howarth of Newport | 745 c275GC (Link to this contribution)

Moved by

Lord Howarth of Newport

17: Clause 4, page 3, line 10, at end insert—

...

Lord Howarth of Newport | 745 cc275-8GC (Link to this contribution)

My Lords, when the Minister introduced the Bill on Second Reading, he rather gave us to understan...

Lord German | 745 cc279-280GC (Link to this contribution)

My Lords, I am grateful to the noble Lord, Lord Howarth, for raising these issues, because it giv...

Lord McKenzie of Luton | 745 c280GC (Link to this contribution)

My Lords, we have Amendment 42 in this group, about which I can be brief. Before speaking to it, ...

Lord Freud | 745 cc280-1GC (Link to this contribution)

My Lords, these amendments look to allow for legal fees to be paid by the scheme without limit. A...

Lord Avebury | 745 c281GC (Link to this contribution)

That takes care of the disincentive to bring claims to the First-tier Tribunal that have no merit...

Lord Freud | 745 cc281-2GC (Link to this contribution)

It is important to highlight that higher rights are not required in the First-tier Tribunal or th...

Lord McKenzie of Luton | 745 c282GC (Link to this contribution)

Could the Minister deal with the point about proceedings that could arise under Clause 10? These ...

Lord Freud | 745 c282GC (Link to this contribution)

We will deal with this issue in some detail in debate on a later amendment. In practice, where th...

Lord Howarth of Newport | 745 c282GC (Link to this contribution)

My Lords, I am very grateful to the noble Lord, Lord German, and to my noble friend Lord McKenzie...

Lord Freud | 745 c282GC (Link to this contribution)

Let me apologise for any misrepresentation that I may have inadvertently made.

Lord Howarth of Newport | 745 cc282-3GC (Link to this contribution)

The Minister is so engaging as he apologises that of course it would be churlish if I did not imm...

Lord McKenzie of Luton | 745 c283GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

19: Clause 4, page 3, line 11, leave out subsection (...

Lord McKenzie of Luton | 745 cc283-4GC (Link to this contribution)

My Lords, I should explain that this amendment was tabled before we had a chance to peruse a draf...

Lord Browne of Ladyton | 745 c284GC (Link to this contribution)

My Lords, I rise to reinforce the points made by my noble friend Lord McKenzie. It is easier to u...

Lord Freud | 745 c285GC (Link to this contribution)

My Lords, I fully recognise that Amendment 19 is a probing amendment that would remove the possib...

Lord Avebury | 745 c285GC (Link to this contribution)

Perhaps I may ask my noble friend why, if the only circumstances in which conditions are to be im...

Lord Freud | 745 c285GC (Link to this contribution)

I take on board my noble friend’s point. As I said, I shall look at this and the other points mad...

Lord Browne of Ladyton | 745 c285GC (Link to this contribution)

I am sure that the Minister will do this, but perhaps I may check that he will consider whether i...

Lord Freud | 745 c285GC (Link to this contribution)

I will look at that, but I remind noble Lords that primary legislation sets a framework, and what...

Lord McKenzie of Luton | 745 c286GC (Link to this contribution)

My Lords, I thank the Minister for his response and his consideration of this matter. I am not su...

Lord Freud | 745 c286GC (Link to this contribution)

My Lords, I must withdraw that completely. I meant to say that we are considering very deeply the...

Lord McKenzie of Luton | 745 c286GC (Link to this contribution)

I am most grateful to the Minister for his further clarification. Of course, this was a probing a...

Lord Howarth of Newport | 745 c286GC (Link to this contribution)

Moved by

Lord Howarth of Newport

20: Clause 4, page 3, line 17, at end insert—

...

Lord Howarth of Newport | 745 cc286-290GC (Link to this contribution)

My Lords, the amendments in this relatively large group are intended to enable us to probe the Go...

Lord Browne of Ladyton | 745 cc289-291GC (Link to this contribution)

My Lords, I am strongly in favour of the principle that informs the amendments in this group, whi...

Lord McKenzie of Luton | 745 cc292-3GC (Link to this contribution)

My Lords, my noble friend Lord Howarth opened up an important area for consideration, and was str...

Lord Freud | 745 cc293-5GC (Link to this contribution)

My Lords, I thank the noble Lord for these amendments. Clearly, the general intention behind them...

Lord Avebury | 745 c295GC (Link to this contribution)

My Lords, would a person be advised not to submit a claim where it appears that the amount of the...

Lord Freud | 745 c296GC (Link to this contribution)

That is clearly the theoretical position. The reality is that, of course, in practical terms, the...

Lord McKenzie of Luton | 745 c296GC (Link to this contribution)

I think that the Minister is about to wind up his remarks. Can he confirm that if one is dealing ...

Lord Freud | 745 c296GC (Link to this contribution)

I shall speak slightly off the cuff. We do not look backwards to those payments anyway, so only t...

Lord Freud | 745 c296GC (Link to this contribution)

These amendments do not achieve their aim in many cases, and they could have some deeply unintend...

Lord Howarth of Newport | 745 cc296-8GC (Link to this contribution)

My Lords, I am grateful to my noble friends Lord Browne of Ladyton and Lord McKenzie of Luton, an...

Lord McKenzie of Luton | 745 c298GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

29: Clause 7, page 4, line 11, after “may” insert “, ...

Lord McKenzie of Luton | 745 cc298-9GC (Link to this contribution)

My Lords, in moving Amendment 29, I will also speak to Amendment 30. Clause 7 provides for the Se...

Lord Geddes | 745 c299GC (Link to this contribution)

If the noble Lord will curb his enthusiasm for just a moment, the amendment proposed states:

<...
Lord Wigley | 745 c299GC (Link to this contribution)

I am grateful for being curbed. I support the amendment. It will lead on to Amendment 32, which a...

Lord Freud | 745 cc299-300GC (Link to this contribution)

I thank the noble Lord and the noble Baroness for their amendments. I assure them that all dilige...

Lord McKenzie of Luton | 745 c300GC (Link to this contribution)

My Lords, I thank the Minister for his response and am grateful to the noble Lord, Lord Wigley, f...

Lord Freud | 745 c300GC (Link to this contribution)

Perhaps I may deal with it under the next amendment.

Lord McKenzie of Luton | 745 c300GC (Link to this contribution)

That is fine. I beg leave to withdraw the amendment.

Lord McKenzie of Luton | 745 cc300-1GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

32: After Clause 7, insert the following new Clause—<...

Lord McKenzie of Luton | 745 c301GC (Link to this contribution)

My Lords, this amendment calls for the establishment of an oversight committee to monitor, review...

Lord Freud | 745 c301GC (Link to this contribution)

My Lords, in the interests of time, I thought I might pre-empt the noble Lord on this, although I...

Lord Geddes | 745 c301GC (Link to this contribution)

The noble Lord, Lord McKenzie, must beg to move the amendment, and I will then put the question. ...

Lord Freud | 745 c301GC (Link to this contribution)

I apologise to the noble Lord for cutting him off in full flow. I understand that the level of in...

Lord James of Blackheath | 745 c301GC (Link to this contribution)

I will make one small comment about subsection (2) of the new clause proposed by Amendment 32: th...

Lord Freud | 745 c301GC (Link to this contribution)

I am most grateful for that point. We shall bear it in mind.

Lord Wigley | 745 c302GC (Link to this contribution)

They say in the world of chess, as I have quoted before, that a threat is more dangerous than the...

Bishop of Ripon and Leeds | 745 c302GC (Link to this contribution)

I will just add my support for this, particularly for subsection 2(a) of the proposed new clause ...

Lord Avebury | 745 c302GC (Link to this contribution)

My Lords, I think the Minister said in replying to the previous amendment that when we came to th...

Lord Freud | 745 c302GC (Link to this contribution)

To answer in just one minute: I will take the whole package and look at it. That is what I am com...

Lord McKenzie of Luton | 745 c302GC (Link to this contribution)

My Lords, just before I formally withdraw the amendment, I should say that I am grateful to the n...

Lord Freud | 745 c302GC (Link to this contribution)

I can assure noble Lords that I will enter negotiations with them without any preconditions. Basi...

Lord McKenzie of Luton | 745 c302GC (Link to this contribution)

I am grateful to the Minister and beg leave to withdraw the amendment.

Lord McKenzie of Luton | 745 c303GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

33: Clause 10, page 6, line 13, leave out “Where a pa...

Lord McKenzie of Luton | 745 c303GC (Link to this contribution)

My Lords, I will speak also to Amendments 34, 35 and 44 in this group. Clause 10 gives the power ...

Lord Freud | 745 cc303-5GC (Link to this contribution)

I thank the noble Lord and the noble Baroness, Lady Sherlock, for these amendments. Amendments 33...

Lord McKenzie of Luton | 745 c305GC (Link to this contribution)

My Lords, I am grateful to the Minister. As I think I said in moving the amendment, I had already...

Lord McKenzie of Luton | 745 c305GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

36: Schedule 2, page 15, line 35, after “no” insert “...

Lord McKenzie of Luton | 745 c305GC (Link to this contribution)

My Lords, I hope we can be brief with this. In moving Amendment 36, I will speak to the other ame...

Lord Wigley | 745 c305GC (Link to this contribution)

My Lords, I will speak briefly in support of this amendment for the same reason: to try to get cl...

Lord Freud | 745 c306GC (Link to this contribution)

I thank the noble Lord and the noble Baroness for these amendments, which I understand are probin...

Lord McKenzie of Luton | 745 cc306-7GC (Link to this contribution)

My Lords, I am again grateful to the Minister. I accept from what he has said that there is a rou...

Lord Howarth of Newport | 745 c307GC (Link to this contribution)

Moved by

Lord Howarth of Newport

40: Clause 13, page 7, line 10, after “Scheme” inser...

Lord Howarth of Newport | 745 cc307-8GC (Link to this contribution)

My Lords, Amendments 40 and 45 in this group relate to the possibility of additional schemes bein...

Lord James of Blackheath | 745 c308GC (Link to this contribution)

My Lords, the problems of the Navy in this regard persist for that service. An MoD meeting has be...

Lord Freud | 745 c308GC (Link to this contribution)

I regret that I am not invited.

Lord James of Blackheath | 745 cc308-9GC (Link to this contribution)

I think it will be harder to make progress without the Minister. It seems to me that three very s...

Lord Alton of Liverpool | 745 cc309-310GC (Link to this contribution)

My Lords, briefly, I support the two speeches which have just been made, not least because I agre...

Lord James of Blackheath | 745 c310GC (Link to this contribution)

Perhaps I may ask the Minister if he will have a meeting with me after I have been to the MoD so ...

Lord McKenzie of Luton | 745 cc310-1GC (Link to this contribution)

My Lords, our Amendment 46 is in this group. I will say at the start that I thoroughly support th...

Lord Freud | 745 cc311-2GC (Link to this contribution)

My Lords, I thank the noble Lord for these amendments, and clearly I am sympathetic to the desire...

Lord James of Blackheath | 745 c312GC (Link to this contribution)

Can we have an indication by paw of who will be attending the meeting?

Lord Freud | 745 c312GC (Link to this contribution)

The paw has been raised. I am more than happy to hold a meeting with the noble Lord after that me...

Lord James of Blackheath | 745 c312GC (Link to this contribution)

The noble Lord is taking a big risk in sending the best looking member of his staff to the Navy.<...

Lord Freud | 745 cc312-3GC (Link to this contribution)

The noble Lord must be very careful about making remarks like that. I think that we should strike...

Lord Alton of Liverpool | 745 c313GC (Link to this contribution)

Before the Minister goes any further on that, would he accept that there is a parallel between pe...

Lord Freud | 745 c313GC (Link to this contribution)

My intelligence on this comes from my noble friend Lord James, who told me that the estimate was ...

Lord James of Blackheath | 745 c313GC (Link to this contribution)

The provisional estimate is up to 300 dead already and 180 contaminated. However, the figure we n...

Lord Freud | 745 c313GC (Link to this contribution)

The noble Lord has put that on the record. Clearly, there is a difference in the sense that the M...

Lord McKenzie of Luton | 745 c313GC (Link to this contribution)

My Lords, I do not think that anybody is suggesting that we should stretch the scheme in the Bill...

Lord Freud | 745 c314GC (Link to this contribution)

Regrettably, I am not in a position to make any kind of commitment along those lines. We responde...

Lord James of Blackheath | 745 c314GC (Link to this contribution)

For the sake of accuracy, I will just correct the figures to this extent. The Navy’s figures incl...

Lord Howarth of Newport | 745 cc314-5GC (Link to this contribution)

My Lords, I am very grateful to my noble friend Lord McKenzie for laying out the case in his cust...

Lord Freud | 745 c315GC (Link to this contribution)

I apologise if I abused the Aunt Sally—if I did so, I did so unintentionally. I want to make abso...

Lord McKenzie of Luton | 745 c315GC (Link to this contribution)

If my noble friend will allow, is that a fair representation of what the Delegated Powers Committ...

Lord Freud | 745 c316GC (Link to this contribution)

Perhaps I have opened up a completely new front. I am reluctant to go into that specifically. The...

Lord Howarth of Newport | 745 c316GC (Link to this contribution)

I am grateful to the Minister for his explanation. I yield to no one in my respect for the Delega...

Lord Howarth of Newport | 745 c316GC (Link to this contribution)

Moved by

Lord Howarth of Newport

43: After Clause 14, insert the following new Clause...

Lord Howarth of Newport | 745 c317GC (Link to this contribution)

My Lords, the Committee will be relieved to know that this is the last amendment in my name, at l...

Lord James of Blackheath | 745 c317GC (Link to this contribution)

I might be able to ease the noble Lord’s concern on this. I believe that when the major reinsuran...

Lord Howarth of Newport | 745 cc317-8GC (Link to this contribution)

I am always disposed to defer to the noble Lord as he has a depth of knowledge on this matter tha...

Lord Freud | 745 cc318-9GC (Link to this contribution)

My Lords, the noble Lord has tabled this amendment to require that investigations be made into th...

Lord Howarth of Newport | 745 c319GC (Link to this contribution)

I am glad that the Minister sympathises with my aim in tabling this amendment. I am sorry, howeve...

Lord McKenzie of Luton | 745 c320GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

48*: Clause 18, page 10, line 17, leave out from “giv...

Lord McKenzie of Luton | 745 c320GC (Link to this contribution)

My Lords, I wish to be brief and I am slightly hesitant about whether I should move the amendment...

Lord Freud | 745 cc320-2GC (Link to this contribution)

My Lords, I think I will treat this as an extremely probing amendment, and in that spirit I am ha...

Lord McKenzie of Luton | 745 c322GC (Link to this contribution)

My Lords, I thank the Minister for his explanation of and response to the amendment. I beg leave ...

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