House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

1

House of Commons

Tuesday 10 December 2013

Public Bill Committee Proceedings

Mesothelioma Bill [Lords]

[First and second SITTINGs]

Mike Penning

Agreed to

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 10

December) meet—

(a)
at 2.00 pm on Tuesday 10 December;

(b)
at 11.30 am and 2.00 pm on Thursday 12 December;

(c)
at 8.55 am and 2.00 pm on Tuesday 17 December;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 11;

Schedule 1; Clause 12; Schedule 2; Clauses 13 to 21; new Clauses; new

Schedules; remaining proceedings on the Bill; and

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 17 December.

Mike Penning

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Agreed to

Stephen Phillips

Withdrawn  13

Clause  1,  page  1,  line  3,  leave out ‘may’ and insert ‘must’.

Mr Nicholas Brown

Not selected  60

Clause  1,  page  1,  line  4,  after ‘Mesothelioma’, insert ‘Pleural Plaques’.

Public Bill Committee Proceedings: 10 December 2013
2

Mesothelioma Bill-[Lords] , continued

Paul Goggins

Withdrawn  55

Clause  1,  page  1,  line  6,  at end insert ‘; and for funding research into mesothelioma

(through the research supplement under section [Research supplement]).’.

Mr Nicholas Brown

Not selected  61

Clause  1,  page  1,  line  6,  at end add ‘and

(c)
people with pleural plaques.’.

Clause Agreed to.

Mr Nicholas Brown

Withdrawn  62

Clause  2,  page  1,  line  15,  leave out ‘25 July 2012’ and insert ‘4 April 1979’.

Kate Green

Chris Bryant

Mr Nicholas Brown

Not moved  2

Clause  2,  page  1,  line  15,  leave out ‘25 July 2012’ and insert ‘10 February 2010’.

Kate Green

Chris Bryant

Negatived on division  3

Clause  2,  page  2,  line  4,  leave out ‘and is not eligible to receive a specified

payment’.

Kate Green

Chris Bryant

Not moved  4

Clause  2,  page  2,  line  4,  after subsection (e) insert—

‘(f)
save as provided in (g) below, the application is made within three years

of being first diagnosed, and

(g)
for those persons first diagnosed on or after 25 July 2012, but before this

Act comes into force, the three year time limit in section 2(1)(f) shall

commence on the date this Act is brought into force.’.

Stephen Phillips

Withdrawn  14

Clause  2,  page  2,  line  6,  at end insert “‘insurer” includes any entity which has

succeeded to the liabilities of the insurer with whom a relevant employer maintained

employers’ liability insurance at the time of a person’s exposure to asbestos;’.

Stephen Phillips

Not moved  15

Clause  2,  page  2,  line  15,  at end insert ‘and includes a successor in title to any such

employer’.

Public Bill Committee Proceedings: 10 December 2013
3

Mesothelioma Bill-[Lords] , continued

Clause Agreed to.

Kate Green

Chris Bryant

Not moved  5

Clause  3,  page  2,  line  35,  after subsection (d) insert—

‘(e)
save as provided in (f) below, the application is made within three years

of the death of the person with the disease, and

(f)
for those persons who died on or after 25 July 2012, but before this Act

comes into force, the three year time limit in section 3(1)(e) shall

commence on the date this Act is brought into force.’.

Stephen Phillips

Withdrawn  16

Clause  3,  page  2,  line  39,  leave out ‘assume’ and insert ‘it is to be assumed’.

Kate Green

Chris Bryant

Mr Nicholas Brown

Not moved  6

Clause  3,  page  2,  line  44,  leave out ‘25 July 2012’ and insert ‘10 February 2010’.

Mr Nicholas Brown

Not moved  64

Clause  3,  page  2,  line  44,  leave out ‘25 July 2012’ and insert ‘4 April 1979’.

Stephen Phillips

Not moved  17

Clause  3,  page  2,  line  45,  leave out ‘assume’ and insert ‘it is to be assumed’.

Stephen Phillips

Not moved  18

Clause  3,  page  2,  line  48,  at end insert “‘insurer” includes any entity which has

succeeded to the liabilities of the insurer with whom a relevant employer maintained

employers’ liability insurance at the time of a person’s exposure to asbestos;’.

Stephen Phillips

Withdrawn  19

Clause  3,  page  2,  line  48,  at end insert—

“‘relevant employer” means an employer who, at the time of the person’s

exposure to asbestos—

(a)
was required by the compulsory insurance legislation to maintain

insurance covering any liability arising because of the exposure

to asbestos, or

(b)
would have been required by the compulsory insurance

legislation to maintain insurance covering any liability arising

because of the exposure to asbestos if the legislation had been in

force at that time; and

(c)
includes a successor in title to any such employer.’.

Public Bill Committee Proceedings: 10 December 2013
4

Mesothelioma Bill-[Lords] , continued

Clause Agreed to.

Kate Green

Chris Bryant

Negatived on division  7

Clause  4,  page  3,  line  4,  at end insert ‘but shall not be less than 90 per cent of the

average civil compensation recovered by mesothelioma claimants.’.

Kate Green

Chris Bryant

Withdrawn  8

Clause  4,  page  3,  line  4,  at end insert ‘and shall be met by a levy on insurers of not

less than 3 per cent of Gross Written Premium during any given period’.

Kate Green

Chris Bryant

Not moved  9

Clause  4,  page  3,  line  4,  at end insert—

‘( )
The Secretary of State shall provide for there to be an annual independent

assessment of the average amount of civil compensation recovered by

mesothelioma claimants, and of payments made under the scheme, and for there

to be a report thereon laid before each House of Parliament.’.

Ian Lavery

Not moved  12

Clause  4,  page  3,  line  4,  at end insert ‘but shall not be less than 100 per cent. of the

average civil compensation recovered by mesothelioma claimants.’.

Mr Nicholas Brown

Not moved  66

Clause  4,  page  3,  line  4,  at end insert ‘but shall not be less than 100 per cent of the

average damages recovered in civil mesothelioma cases.’.

Mr Nicholas Brown

Not moved  67

Clause  4,  page  3,  line  4,  at end insert ‘but shall not be less than 110 per cent of the

average damages recovered in civil mesothelioma cases.’.

Stephen Phillips

Not moved  20

Clause  4,  page  3,  line  5,  at end insert ‘but shall not be less than the average

damages which a person diagnosed with diffuse mesothelioma would recover against a

relevant employer who had negligently or in breach of statutory duty caused or permitted

that person to be exposed to asbestos.’.

Public Bill Committee Proceedings: 10 December 2013
5

Mesothelioma Bill-[Lords] , continued

Stephen Phillips

Not moved  21

Clause  4,  page  3,  line  5,  at end insert ‘but shall not be less than 80 per cent. of the

average damages which a person diagnosed with diffuse mesothelioma would recover

against a relevant employer who had negligently or in breach of statutory duty caused or

permitted that person to be exposed to asbestos.’.

[Adjourned until Thursday at 11.30 am



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