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To ask the Secretary of State for Justice, what plans he has to re-establish the right to compensation for people in England and Wales who developed pleural plaques as a result of exposure to asbestos.
To ask the Secretary of State for Justice, what plans he has to re-establish the right to compensation for people in England and Wales who developed pleural plaques as a result of exposure to asbestos.
The Government has no plans to reopen the pleural plaques compensation scheme, which operated between 2 August 2010 and 1 August 2011.
The scheme operated as an extra-statutory one, making £5000 payments on an ex-gratia basis to applicants who fulfilled the schemeâs criteria, namely that they were individuals who had begun, but not resolved, a legal claim for compensation for pleural plaques at the time of the House of Lords ruling in October 2007 in the case of Rothwell v Chemical & Insulating Co Ltd [2007] UKHL 39. That ruling had held that the occurrence of pleural plaques is not a compensatable disease.
Eligibility for the scheme was limited to that category of people as they would have had an understandable expectation of receiving compensation when they began their claim, an expectation which would not have been shared by those diagnosed later.
To ask the Secretary of State for Justice, how many people applied for compensation under the pleural plaques compensation scheme in each parliamentary constituency; and what proportion of those people settled (a) in part and (b) in full.
To ask the Secretary of State for Justice, how many people applied for compensation under the pleural plaques compensation scheme in each parliamentary constituency; and what proportion of those people settled (a) in part and (b) in full.
The pleural plaques compensation scheme ran between 2 August 2010 and 1 August 2011 and was administered by the Ministry of Justice. A total of 9511 applications were made to the scheme, of which 9018 were successful. Applications were not recorded by parliamentary constituency.
The scheme operated as an extra-statutory scheme, making £5000 payments on an ex-gratia basis to applicants who fulfilled the schemeâs criteria, namely that they were individuals who had begun, but not resolved, a legal claim for compensation for pleural plaques at the time of the House of Lords ruling in October 2007 in the case of Rothwell v Chemical & Insulating Co Ltd [2007] UKHL 39. That ruling had held that the occurrence of pleural plaques is not a compensatable disease.
Eligibility for the scheme was limited to that category of people as they would have had an understandable expectation of receiving compensation when they began their claim, an expectation which would not have been shared by those diagnosed later.
Tonight, Clydebank Asbestos Group is celebrating the opening of its new headquarters in West Dunbartonshire, where it will continue its work of 25 years to offer support to those suffering from and seeking compensation for
asbestos-related conditions such as pleural plaques. Does the hon. Gentleman not only join me in...
Tonight, Clydebank Asbestos Group is celebrating the opening of its new headquarters in West Dunbartonshire, where it will continue its work of 25 years to offer support to those suffering from and seeking compensation for
asbestos-related conditions such as pleural plaques. Does the hon. Gentleman not only join me in...
I very much support what the hon. Gentleman has to say and congratulate the local organisation that provides that support in his part of Scotland. I hear his case for a debate and urge him to consider an Adjournment debate on the issue to allow the Minister responsible to explain...
I very much support what the hon. Gentleman has to say and congratulate the local organisation that provides that support in his part of Scotland. I hear his case for a debate and urge him to consider an Adjournment debate on the issue to allow the Minister responsible to explain...
A constituent of mine who has pleural plaques is raising an action against his former employers, of whom there are many because of the nature of his work. His claim is
subject to a time bar and must be submitted by the end of the year. However, he cannot obtain a list of his employers because Her Majesty’s Revenue and Customs says that that will take 321 days. I am sure that he would appreciate it if the Secretary of State asked the Treasury to make an exception.
A constituent of mine who has pleural plaques is raising an action against his former employers, of whom there are many because of the nature of his work. His claim is
subject to a time bar and must be submitted by the end of the year. However, he cannot obtain a list of his employers because Her Majesty’s Revenue and Customs says that that will take 321 days. I am sure that he would appreciate it if the Secretary of State asked the Treasury to make an exception.
I shall be happy to look into the case with the hon. Lady.
I shall be happy to look into the case with the hon. Lady.
I shall be happy to look into the case with the hon. Lady.
A constituent of mine who has pleural plaques is raising an action against his former employers, of whom there are many because of the nature of his work. His claim is
subject to a time bar and must be submitted by the end of the year. However, he cannot obtain a list of his employers because Her Majesty’s Revenue and Customs says that that will take 321 days. I am sure that he would appreciate it if the Secretary of State asked the Treasury to make an exception.
This Commons Library briefing explains why those in England and Wales with pleural plaques are not entitled to compensation whilst in Scotland and Northern Ireland those with the condition are able to claim damages.
This Commons Library briefing explains why those in England and Wales with pleural plaques are not entitled to compensation whilst in Scotland and Northern Ireland those with the condition are able to claim damages.
What recent representations he has received on compensation for people with pleural plaques.
What recent representations he has received on compensation for people with pleural plaques.
We have received a small number of representations on pleural plaques over the past few months, including some from Members of Parliament on behalf of their constituents.
We have received a small number of representations on pleural plaques over the past few months, including some from Members of Parliament on behalf of their constituents.
We have received a small number of representations on pleural plaques over the past few months, including some from Members of Parliament on behalf of their constituents.
What recent representations he has received on compensation for people with pleural plaques.
Does the Minister agree that the current system of compensation for pleural plaques is grossly unfair? People with pleural plaques living in Scotland or Northern Ireland qualify for compensation, but those living in England or Wales do not. Does he think that is unfair, and is he going to do anything about it?
Does the Minister agree that the current system of compensation for pleural plaques is grossly unfair? People with pleural plaques living in Scotland or Northern Ireland qualify for compensation, but those living in England or Wales do not. Does he think that is unfair, and is he going to do anything about it?
The hon. Gentleman will appreciate that there are different legal jurisdictions, which means that there will occasionally be differences. In the light of the current medical evidence, the Government do not consider it appropriate to overturn the House of Lords judgment that the condition of pleural plaques is not compensatable under the civil law.
The hon. Gentleman will appreciate that there are different legal jurisdictions, which means that there will occasionally be differences. In the light of the current medical evidence, the Government do not consider it appropriate to overturn the House of Lords judgment that the condition of pleural plaques is not compensatable under the civil law.
The hon. Gentleman will appreciate that there are different legal jurisdictions, which means that there will occasionally be differences. In the light of the current medical evidence, the Government do not consider it appropriate to overturn the House of Lords judgment that the condition of pleural plaques is not compensatable under the civil law.
Does the Minister agree that the current system of compensation for pleural plaques is grossly unfair? People with pleural plaques living in Scotland or Northern Ireland qualify for compensation, but those living in England or Wales do not. Does he think that is unfair, and is he going to do anything about it?
To ask the Secretary of State for Justice what recent representations he has received on compensation for people with pleural plaques.
[162407]
To ask the Secretary of State for Justice what recent representations he has received on compensation for people with pleural plaques.
[162407]
We have received a small number of recent representations on pleural plaques from Members of Parliament sent on behalf of their constituents.
To ask the Secretary of State for Justice what recent representations he has received on compensation for people with pleural plaques.
[148594]
To ask the Secretary of State for Justice what recent representations he has received on compensation for people with pleural plaques.
[148594]
We have received a small number of recent representations on pleural plaques from Members of Parliament sent on behalf of their constituents.
On compensation for people with pleural plaques, will the Minister look at what has happened in Northern Ireland, which has overturned the House of Lords ruling and restored the right of people to sue in the civil courts for compensation for that condition?
On compensation for people with pleural plaques, will the Minister look at what has happened in Northern Ireland, which has overturned the House of Lords ruling and restored the right of people to sue in the civil courts for compensation for that condition?
Yes, I am happy to look at that, but the law does not prevent a person with pleural plaques who goes on to develop any recognised asbestos-related disease from bringing a claim in relation to that disease. Obviously, England and Wales have a different legal system from those in Scotland and Northern Ireland.
Yes, I am happy to look at that, but the law does not prevent a person with pleural plaques who goes on to develop any recognised asbestos-related disease from bringing a claim in relation to that disease. Obviously, England and Wales have a different legal system from those in Scotland and Northern Ireland.
Yes, I am happy to look at that, but the law does not prevent a person with pleural plaques who goes on to develop any recognised asbestos-related disease from bringing a claim in relation to that disease. Obviously, England and Wales have a different legal system from those in Scotland and Northern Ireland.
On compensation for people with pleural plaques, will the Minister look at what has happened in Northern Ireland, which has overturned the House of Lords ruling and restored the right of people to sue in the civil courts for compensation for that condition?
To ask the Secretary of State for Justice whether he has any plans to review the case for pleural plaques compensation following the recent ruling on mesothelioma triggers.
[115441]
To ask the Secretary of State for Justice whether he has any plans to review the case for pleural plaques compensation following the recent ruling on mesothelioma triggers.
[115441]
No: the mesothelioma trigger ruling has no bearing on the position in relation to pleural plaques.
To ask her Majesty’s Government whether they intend to restore compensation to pleural plaques sufferers following the decisions by the Scottish Parliament and Northern Ireland Assembly to do so.[HL262]
To ask her Majesty’s Government whether they intend to restore compensation to pleural plaques sufferers following the decisions by the Scottish Parliament and Northern Ireland Assembly to do so.[HL262]
The Government understand that it could be seen as unfair for compensation to be available in one part of the United Kingdom but not in another. However, in the light of the current medical evidence, the Government do not consider it appropriate to overturn the House of Lords’ judgment that the condition of pleural plaques is not compensatable under the civil law.
We have received a number of recent representations on pleural plaques from Members of Parliament sent on behalf of their constituents.
We have received a number of recent representations on pleural plaques from Members of Parliament sent on behalf of their constituents.
The Government understand that it could be seen as unfair for compensation to be available in one part of the UK but not in another, but the civil legal systems in Scotland and Northern Ireland and that in England and Wales are separate and there will inevitably be differences in the law.
The Government understand that it could be seen as unfair for compensation to be available in one part of the UK but not in another, but the civil legal systems in Scotland and Northern Ireland and that in England and Wales are separate and there will inevitably be differences in the law.
Now that the devolved assemblies of Scotland and Northern Ireland have seen sense and are going to compensate pleural plaques victims, will the Minister follow suit? If not, why not?
I can say that in light of the medical evidence, the Government do not consider it appropriate to overturn the House of Lords’ judgment that the condition of pleural plaques is not compensable under the civil law. However, I would point out to my hon. Friend that the law does not prevent a person with pleural plaques who goes on to develop any recognised asbestos-related disease in the future from bringing a claim in relation to that disease.
I can say that in light of the medical evidence, the Government do not consider it appropriate to overturn the House of Lords’ judgment that the condition of pleural plaques is not compensable under the civil law. However, I would point out to my hon. Friend that the law does not prevent a person with pleural plaques who goes on to develop any recognised asbestos-related disease in the future from bringing a claim in relation to that disease.
My constituent, Janet Jeffrey, lost her father in 2003 to pneumoconiosis after working at Shaw’s foundry in Middlesbrough. Can the Minister assure me that any compensation arrangements will include all those whose families are affected and will not be restricted only to miners?