🙏 Delegated Legislation Committee

General Committees

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The UK government is set to increase compensation payments for victims of mesothelioma and pneumoconiosis by 1.7%, aligning with the consumer price index. These diseases, often linked to asbestos and coal mining, affect thousands annually, with the schemes providing crucial support since many cannot sue their former employers. Despite the rise in payments, the focus remains on preventing future cases, with ongoing efforts to manage and remove asbestos from workplaces like schools and hospitals. The Committee unanimously supported the amendment, emphasizing the schemes’ importance and the need for continued prevention measures.

Summary

  • Purpose of the Regulations: The session discussed amendments to two regulations: the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2025 and the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2025. These amendments aim to increase the lump sum payments for victims of mesothelioma and pneumoconiosis, diseases linked to asbestos and coal dust exposure.

  • Increase in Payments: The proposed increase is 1.7%, aligned with the September 2024 Consumer Price Index (CPI) inflation rate. This adjustment aims to maintain the real-terms value of the payments.

  • Compensation Schemes: The schemes being amended include one under the 1979 Act, covering pneumoconiosis and diffuse mesothelioma, and another under the 2008 Act, specifically for diffuse mesothelioma. These no-fault compensation schemes are for those unable to claim employer damages, often because the employer has ceased to exist.

  • Eligibility: Eligibility for these payments includes being awarded Industrial Injuries Disablement Benefit (IIDB) or being eligible with less than 14% disablement. Claims can also be made by dependents if the victim dies before claiming.

  • Impact and Numbers: In the year 2023-24, there were 1,620 awards under the 1979 Act scheme and 320 under the 2008 Act scheme, totaling nearly 2,000 awards. The total expenditure on these awards for the same year was £30 million. The average payment is around £15,000.

  • Future Projections: The Minister hinted at a possible gradual decline in the number of cases due to the UK’s ban on asbestos use in new buildings in 1999. However, it was noted that asbestos still poses a significant risk, especially in older buildings like schools and hospitals.

  • Prevention Efforts: The focus was also on preventing future cases. The Health and Safety Executive (HSE) is working on asbestos management and awareness, especially in schools. There was a mention of an ongoing government review of the HSE’s asbestos management recommendations. Additionally, the Department for Education is investing in improving school buildings to manage asbestos more safely.

  • Research and Support: The National Institute for Health and Care Research is conducting research into treatments for mesothelioma, and NHS England has respiratory clinical networks to support patients. Other support schemes like universal credit and employment support allowance are available to affected individuals.

  • Committee’s Decision: The Committee unanimously supported the amendment regulations, acknowledging their importance in providing financial support to victims while also stressing the significance of preventive measures.

Divisiveness

The session displayed a notable lack of disagreement, as participants were primarily in support of the proposed draft regulations. Sir Stephen Timms moved the Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2025 and the Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2025, which aimed to increase the value of one-off lump sum payments for workers suffering from dust-related diseases. This motion was met with support from the opposition, represented by Harriet Cross (Gordon and Buchan) (Con), who explicitly stated that the ‘Opposition welcome the annual uprating of the measures.’ Further support was echoed by Steve Darling (Torbay) (LD), who concurred with the sentiments expressed by Cross, showing consensus across party lines. The Minister responded to queries from the opposition with factual, non-confrontational answers, further indicating a collaborative and supportive atmosphere rather than one of conflict. No dissenting opinions or disagreements were voiced throughout the session, and the regulations were ultimately approved unanimously.