Legal Aid, Sentencing and Punishment of Offenders Bill

Nic Dakin Excerpts

Tuesday 17th April 2012 Commons Chamber

[Mr Iain Wright (Hartlepool) (Lab)]

I rise briefly to support Lords amendment 31. It cannot be right, as my hon. Friend the Member for Wrexham (Ian Lucas) and others have said, that victims of asbestos-related diseases should be required to surrender a quarter of the damages they have been awarded to pay for legal costs. Those damages are awarded to recognise and compensate men and women, if it is at all possible to compensate them, for the pain, suffering and life-shortening illnesses they got from their work. In my constituency, the number of cases of asbestos-related diseases is far too high. The link between mesothelioma and exposure to asbestos in the shipbuilding industry is well known, as we have heard tonight. There is a common pattern involving high levels of mesothelioma and areas of shipbuilding or areas that contain ports and dockyards. Hartlepool is a former shipbuilding area and it is the 16th-worst affected place in Great Britain for deaths caused by mesothelioma.

In considering Lords amendment 31, I ask the Minister to consider one harrowing case out of many from Hartlepool. Mr C was diagnosed with mesothelioma after he had complained of breathing difficulties and a pain in his rib cage. Originally it was thought he had pneumonia but a CT scan and a bronchoscopy showed that he had mesothelioma. Mr C had left school at 16 and worked at South Durham Steel and Iron Company for the best part of a quarter of a century. He was regularly exposed to asbestos dust in the air and was not provided with any protective clothing or equipment. He was awarded £67,000 in compensation in recognition of his excruciating pain and suffering. He died five months after receiving that award.

The Government’s argument against the amendments—that the Bill protects against frivolous or fraudulent claims—is offensive in the extreme. The idea that these constituents of mine are ambulance chasers or people looking for a quick buck is risible. The notion that tens of thousands of pounds of damages should be taken from workers and their families who have suffered the harsh effects of a painful illness is another insult and injustice to them.

In a little over 10 days, the country will observe workers memorial day to commemorate those who lost their lives as a result of injury or neglect at work. Having listened to the Minister tonight and seen him in his place, I have to say that he does himself no credit with the smirking and the body language that are offensive to every single sufferer. The best way in which he could make amends is by honouring the spirit and values of workers memorial day, accepting Lords amendment 31 and getting rid of this huge injustice.

[Nic Dakin (Scunthorpe) (Lab)]

Sadly, the incidence of—