My Lords, the Committee will be relieved to know that this is the last amendment in my name, at least in Committee. It will introduce into the Bill a new clause to require that the Secretary of State commissions a report on the history of record-keeping by liability insurers. We are legislating for the scheme precisely because the insurance records are missing in a significant proportion of mesothelioma cases. It would be helpful if the Minister were able to give us figures on that. What proportion of mesothelioma sufferers who contracted the disease as a consequence of employer negligence will have to have recourse to the scheme because the documentation for their insurance has gone missing?
In its publications, the department has taken a bland tone on the matter. It has talked of poor record-keeping. In his speech at Second Reading, the Minister was restrained in his language. In Committee, too, he has been studiedly non-judgmental. He has spoken a number of times of “market failure”. He did so far unbutton himself at Second Reading as to speak of,
“a terribly damaging market failure”.—[Official Report, 20/5/13; col. 692.]
In Committee, he has urged noble Lords not to allow emotion to cloud pragmatism, nor allow moral indignation to frustrate practicality. He may be wise in those admonitions. However, I will say—very quietly, not in a sermonising tone but recording what I believe to be a matter of fact—that we are dealing with a major scandal.
At Second Reading, the Minister said that he hoped that noble Lords would agree that,
“the principles driving the Bill are right and just”.—[Official Report, 20/5/13; col. 692.]
He allowed himself to take a moral tone there. I put it to the Committee that justice entails not just making payments under the scheme that is proposed, but exposing wrongdoing and exacting punishment where there has been breach of contract or where criminality is in evidence.
6.45 pm