Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Mike Kane Excerpts
Tuesday 11th November 2014

(9 years, 6 months ago)

Commons Chamber
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William Bain Portrait Mr William Bain (Glasgow North East) (Lab)
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6. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.

Mike Kane Portrait Mike Kane (Wythenshawe and Sale East) (Lab)
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11. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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13. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.

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Shailesh Vara Portrait Mr Vara
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We will certainly consider the way forward on that, but I will take no lectures from the hon. Gentleman on what we have done. This Government are putting provisions into the Deregulation Bill that will enable Her Majesty’s Revenue and Customs to provide information to legal representatives without a court order. We are liaising with the national cancer registration service and others to allow expedited access to medical notes. We also introduced the Mesothelioma Act 2014, which again benefits sufferers and victims. I will not take any lectures from him on that front.

Mike Kane Portrait Mike Kane
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In the High Court case on the Government’s mesothelioma review, Mr Justice Davis ruled:

“No reasonable Lord Chancellor faced with the duty imposed on him by section 48 of the Act would have considered that the exercise in fact…fulfilled that duty.”

Will the Minister update the House on the Department’s response to that ruling?

Shailesh Vara Portrait Mr Vara
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The hon. Gentleman was obviously concentrating on his question, so he did not hear my response. I said that we will consider the way forward, and we will proceed accordingly.

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Chris Grayling Portrait Chris Grayling
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The offence of using a mobile phone while driving is very serious and should be dealt with effectively by the courts. It is an area where the Government are giving active consideration to strengthening the penalties, as part of our driving sentences review. It is wholly unacceptable in our society, and the courts should deal with it appropriately.

Mike Kane Portrait Mike Kane (Wythenshawe and Sale East) (Lab)
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T2. With no expert witness support at the Bill Committee stage and now three heavy defeats in the House of Lords, are the Government attacking judicial review because they are losing so many cases?

Chris Grayling Portrait Chris Grayling
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I stand foursquare behind our proposed reforms of judicial review. Let me give the hon. Gentleman an example of proposals disagreed with in the other place—when they come back here, I will invite this House to restate its support for them. I believe that if somebody brings a judicial review, the court and the judge have a right to know who they are and who is supporting them. I do not personally regard that as terribly controversial. I am surprised that the House of Lords decided to vote against it. It is an example of the kind of change to our judicial review laws that I believe is necessary and we will proceed with it.