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Proceeding contribution from Michael Clapham (Labour) in the House of Commons on Monday, 3 December 2007. It occurred during Debate on bill on Child Maintenance and Other Payments Bill.


Child Maintenance and Other Payments Bill

The judgment argued that there should be no compensation for pleural plaques, a condition caused by exposure to asbestos. It occurs as the asbestos is passed through the lung to the back of the lung and the pleura that protect it, and it causes a hardening of those pleura. The judgment suggested that the condition was symptomless and therefore not compensatable. It went on to suggest that if a man suffers anxiety as a result of pleural plaques, it is caused not so much by the condition as by the fact that he has been told that he has it. I find that judgment quite bizarre and quite appalling. It belittles claimants and it causes great anxiety for them, because they know that there is no chance whatsoever of redress. An amount of evidence is available to suggest that they are not as symptomless as the judges in that case thought. I accept that the five judges gave their judgment unanimously, which makes it a difficult one to overturn. As the Minister will be aware, we saw his hon. Friends at the Ministry of Justice, and there was some concern that we will not be able to overturn that judgment. The only means of seeking some redress now is to consider whether we might be able to include provision for payments to be made in Bill. I know that there are difficulties with that.


Secondary information

Type
Proceeding contribution
Reference
468 c606 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Child support Children Compensation Appeals Crime Civil service Advisory services Asbestos Child Support Agency Fees and charges Information Industrial diseases Maintenance Parents Payments Parliamentary scrutiny Non-departmental public bodies Overseas residence Scotland Respiratory system Child Maintenance and Enforcement Commission
Legislation
Child Maintenance and Other Payments Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk