House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 6 December 2013
22

Mesothelioma Bill-[Lords], continued

Paul Goggins

56


Clause  13,  page  7,  line  10,  at end insert—

‘( )
The regulations mentioned in subsection (1) must provide for the levy to include

a research supplement in accordance with section [Research supplement] (in

addition to the amounts set for the purpose specified in subsection (1)).’.

Paul Goggins

57


Clause  13,  page  7,  line  11,  after ‘levy’, insert ‘(not including the research

supplement)’.

Paul Goggins

58


Clause  13,  page  7,  line  16,  after ‘levy’, insert ‘(not including the research

supplement)’.

Paul Goggins

59


Clause  13,  page  7,  line  18,  after ‘levy’, insert ‘(not including the research

supplement)’.

Stephen Phillips

37


Clause  13,  page  7,  line  23,  after ‘insurers’, insert ‘and reinsurers’.

Stephen Phillips

38


Clause  13,  page  7,  line  28,  after ‘insurers’, insert ‘and reinsurers’.

Stephen Phillips

39


Clause  13,  page  7,  line  40,  leave out ‘with whom to make arrangements’.

Stephen Phillips

40


Clause  13,  page  8,  line  5,  at end add “‘reinsurer” means a person who, at any time

during the reference period, was a person offering reinsurance to active insurers or their

reinsurers in respect of employers’ liability insurance and includes retrocessionaires.’.

Stephen Phillips

41


Clause  14,  page  8,  line  7,  after ‘insurer’, insert ‘or reinsurer’.

Stephen Phillips

42


Clause  14,  page  8,  line  10,  after ‘insurer’, insert ‘or reinsurer’.

Notices of Amendments: 6 December 2013
23

Mesothelioma Bill-[Lords], continued

Stephen Phillips

43


Clause  14,  page  8,  line  12,  after ‘insurer’, insert ‘or reinsurer’.

Stephen Phillips

44


Clause  14,  page  8,  line  13,  after ‘insurer’, insert ‘or reinsurer’.

Stephen Phillips

45


Clause  14,  page  8,  line  14,  after ‘insurer’, insert ‘or reinsurer’.

Stephen Phillips

46


Clause  14,  page  8,  line  18,  after subsection (4) add—

‘(5)
In this section—

(a)
“active insurer” means a person who, at any time during the reference

period, was an authorised insurer within the meaning of the compulsory

insurance legislation, and

(b)
“reinsurer” means a person who, at any time during the reference period,

was a person offering reinsurance to active insurers or their reinsurers in

respect of employers’ liability insurance and includes retrocessionaires.’.

Mr Nicholas Brown

68


Clause  15,  page  8,  line  22,  after ‘which’, insert ‘must have a membership including

representatives of the insurers, the potential insurance claimaints and employers, and’.

Stephen Phillips

47


Clause  15,  page  8,  line  32,  after ‘court’, insert ‘or which is an issue in proceedings

which are before a court’.

Mr Nicholas Brown

69


Clause  15,  page  8,  line  40,  at end insert ‘which must include at least one

representative of each of the parties mentioned in subsection (1).’.

Stephen Phillips

48


Clause  16,  page  9,  line  18,  after ‘arbitration’, insert ‘or to the relevant court’.

Stephen Phillips

49


Clause  16,  page  9,  line  30,  at end add—

‘(6)
In this section “the relevant court” means—

Notices of Amendments: 6 December 2013
24

Mesothelioma Bill-[Lords], continued

(a)
the High Court in England and Wales or Northern Ireland, or

(b)
the Court of Session in Scotland.’.

Stephen Phillips

50


Clause  17,  page  9,  line  35,  leave out ‘(the scheme)’.

Stephen Phillips

51


Clause  18,  page  10,  line  5,  after ‘scheme’, insert—

“‘applicant” means a person applying for a payment under the scheme.’.

Stephen Phillips

52


Clause  18,  page  10,  line  32,  after second ‘Scheme’, insert ‘established in

accordance with section 1;’.

Kate Green

Chris Bryant

11


Clause  18,  page  10,  line  45,  leave out subsection (3) and insert—

‘(3)
In specifying circumstances in which a person is, or is not to be treated as, eligible

to bring an action for the purposes of section 2(1)(d), or section 3(1)(c), the

scheme shall ensure consistency with the definition of eligibility in section 2 and

section 3.’.

Stephen Phillips

53


Clause  21,  page  11,  line  19,  leave out ‘Mesothelioma Act 2013’ and insert ‘Diffuse

Mesothelioma Payment Scheme Act 2013’.

Mike Penning

1


Clause  21,  page  11,  line  20,  leave out subsection (2).

Notices of Amendments: 6 December 2013
25

Mesothelioma Bill-[Lords], continued

New Clauses

Establishing additional schemes

Kate Green

Chris Bryant

NC1


To move the following Clause:—

‘The Secretary of State shall within a year of this Act being brought into force,

prepare and lay before each House of Parliament a report setting out the

Government’s proposals with regard to the establishment of additional schemes

for asbestos-related industrial diseases, as prescribed under the Pneumoconiosis

etc. (Workers’ Compensation) Act 1979, where there are unresolved insurance

disputes.’.

Medical records

Kate Green

Chris Bryant

NC2


To move the following Clause:—

‘Schedule 3 contains amendments to other legislation to ensure that where

medical records are requested in relation to a scheme established under this Act,

they are provided quickly.’.

Oversight committee

Kate Green

Chris Bryant

NC3


To move the following Clause:—

‘(1)
The Secretary of State must establish, by statutory instrument, an Oversight

Committee to monitor, review and report to the Secretary of State on the overall

arrangements comprising—

(a)
the scheme;

(b)
scheme administration;

(c)
the Technical Committee;

(d)
the Employers’ Liability Tracing Office; and

(e)
the Electronic Information Gateway.

(2)
The Oversight Committee must include representatives of—

(a)
asbestos victims support groups;

(b)
trade unions; and

Notices of Amendments: 6 December 2013
26

Mesothelioma Bill-[Lords], continued

(c)
active insurers.

(3)
The Oversight Committee must be chaired by an independent person.’.

Annual report to Parliament

Stephen Phillips

NC4


To move the following Clause:—

‘(1)
The Secretary of State shall prepare and lay before Parliament an annual report

on the scheme.

(2)
The report to which reference is made in subsection (1) shall include, in

particular, an assessment of the extent to which the scheme has caused or

contributed to any rise in premiums payable for employers’ liability insurance.’.

Research supplement

Paul Goggins

NC5


To move the following Clause:—

‘(1)
This section makes provision about the research supplement mentioned in section

13.

(2)
The research supplement—

(a)
must be expressed by regulations under section 13 as a percentage of the

amount set for the purpose specified in section 13(1) in accordance with

section 13(2) to (5); and

(b)
may not exceed 1 per cent of that amount.

(3)
Regulations under section 13 must include provision about the application of the

research supplement; in particular, the regulations—

(a)
must include provision for amounts raised by way of the research

supplement to be applied by way of grants or other financial assistance

for research into mesothelioma;

(b)
must require the scheme administrator to make arranagements for the

application of the research supplement;

(c)
may allow the scheme administrator to arrange for a body which handles

applications for research funding to administer the research supplement

on the scheme administrator’s behalf;

(d)
may allow receipts by way of research supplement in respect of one

period to be held for allocation in a later period, and for investment of

receipts pending allocation.

(4)
Before making regulations in respect of the research supplement the Secretary of

State must consult—

(a)
insurers;

(b)
medical charities and research foundations; and

Notices of Amendments: 6 December 2013
27

Mesothelioma Bill-[Lords], continued

(c)
other persons or bodies who the Secretary of State thinks are likely to be

interested.’.

Payments for legal services in civil cases: diffuse mesothelioma proceedings

Paul Goggins

NC6


To move the following Clause:—

‘(1)
Section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(Sections 44 and 46 and diffuse mesothelioma proceedings) is amended as

follows.

(2)
In subsection (1), omit from “mesothelioma” to the end of the subsection

(including paragraphs (a) and (b)).’.

Establishing additional schemes: pleural plaques

Mr Nicholas Brown

NC7


To move the following Clause:—

‘(1)
The Secretary of State shall, within twelve months of any scheme under this Act

being implemented, prepare and lay before each House of Parliament a report

assessing the costs and benefits of extending the scheme to—

(a)
eligible people with pleural plaques; and

(b)
eligible people with other asbestos-related industrial diseases

where there are unresolved insurance disputes.’.

New Schedule

Kate Green

Chris Bryant

NS1


To move the following Schedule:—

‘Supply of medical records

1
The Data Protection Act 1998 is amended as follows.

2
In section 7, after subsection (11), insert—

“(12)
Where the request under this section is, and is stated in the request

to be, for the purpose of investigating a claim, or application for

Notices of Amendments: 6 December 2013
28

Mesothelioma Bill-[Lords], continued

payment, arising from the development of diffuse mesothelioma by

the data subject, the prescribed period shall be 14 days.’.

Order of the House [2 December 2013]

That the following provisions shall apply to the Mesothelioma Bill [Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 17 December 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.



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