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Compensation Act 2006 (Contribution for Mesothelioma Claims) Regulations 2006

My Lords, I thank the noble Baroness, Lady Noakes, and the noble Lord, Lord Addington, for their broad support for the regulations, and I shall try to deal with the points raised. The noble Baroness asked what the Government are doing generally about claims and what work programme is under way. The Government are taking forward a programme of work led by the DWP to improve the handling of mesothelioma claims to ensure that claimants receive the compensation to which they are entitled as quickly as possible. On 20 July 2006, John Hutton announced a number of interim measures to ensure faster compensation payments to those with mesothelioma, as well as the intention to put in place a long-term solution to ensure that, wherever possible, sufferers of mesothelioma can receive compensation in life. He committed to consult stakeholders on a long-term solution. The DWP launched a consultation exercise to discuss improving claims handling. That consultation closed on 23 November. The DWP is currently analysing the responses and will publish a summary shortly. The DWP is also organising a mesothelioma summit on 13 March 2007 at which stakeholders will discuss options for action following the consultation. Within that process, there will be an opportunity to address the issues raised by the noble Baroness. In a sense, those are outside the specific proposals in the regulations, which are to do with process. The noble Baroness asked what the measure is worth to the Government. The purpose of the regulations is to put us back in the position that we were in when the Fairchild judgment was operating. Under that judgment, it was accepted that there was joint and several liability in respect of claims. Therefore, the Government are in neither an improved nor a disadvantaged position. I turn to the comment in the Explanatory Memorandum. Because of joint and several liability, part of the thrust behind the regulations is to avoid payments to claimants being delayed while the question of who owes what is settled. Thus, a person—normally a major employer—can make a payment and will not then be precluded from claiming from the compensation fund, because the fund carries a liability in respect of someone who is jointly and severally liable. To that extent, going back to the Fairchild position neither advantages nor disadvantages the Government.