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Mesothelioma Bill [HL]

Amendments
to be moved
on report

Clause 2

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

 

Page 1, line 17, leave out “25 July 2012” and insert “10 February 2010”

Clause 3

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

 

Page 2, line 42, leave out “25 July 2012” and insert “10 February 2010”

Clause 4

LORD WIGLEY

LORD BROWNE OF LADYTON

 

Page 3, line 4, at end insert “but shall be not less than 80% of the average damages
recovered by claimants in mesothelioma cases”

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

 

Page 3, line 4, at end insert “but shall be not less than the lower of—

(a)   the amount produced by a levy equivalent to 3% of yearly gross
premiums for active insurers in the employers’ liability insurance
market and;

(b)   an amount equivalent to 100% of the average damages recoverd by
claimants in mesothelioma cases.”

 

Page 3, line 4, at end insert “but shall be not less than 100% of the average damages
recovered by claimants in mesothelioma cases”

 

Page 3, line 10, at end insert—

“(2A)    The average damages recovered by claimants in mesothelioma cases shall
be determined by reference to the gross tariff, as set out in Schedule (Tariff).

(2B)   The gross tariff will be up-rated annually by the general level of prices as
measured by the Consumer Price Index and reviewed at least every five
years.”

After Schedule 2

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

 

Insert the following new Schedule—

SCHEDULE

TARIFF

 
Age at
date of
diagnosis
Average damages
recovered by claimants
in mesothelioma cases
 
40
£262,370
 
41
£258,689
 
42
£255,008
 
43
£251,327
 
44
£247,646
 
45
£243,965
 
46
£240,283
 
47
£236,602
 
48
£232,921
 
49
£229,240
 
50
£225,559
 
51
£221,878
 
52
£218,196
 
53
£214,515
 
54
£210,834
 
55
£207,153
 
56
£203,472
 
57
£199,790
 
58
£196,109
 
59
£192,428
 
60
£188,747
 
61
£185,066
 
62
£181,385
 
63
£177,703
 
64
£174,022
 
65
£170,341
 
66
£166,660
 
67
£162,979
 
68
£159,298
 
69
£155,616
 
70
£151,935
 
71
£148,254
 
72
£144,573
 
73
£140,892
 
74
£137,211
 
75
£133,529
 
76
£129,848
 
77
£126,167
 
78
£122,486
 
79
£118,805
 
80
£115,123
 
81
£111,442
 
82
£107,761
 
83
£104,080
 
84
£100,399
 
85
 £96,718
 
86
 £93,036
 
87
 £89,355
 
88
 £85,674
 
89
 £81,993
 
90
 £78,312
 
91
 £74,631
 
92
 £70,949
 
93
 £67,268
 
94
 £63,587”

After Clause 14

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

 

Insert the following new Clause—

“Oversight Committee

(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)   the Asbestos Victims Support Groups;

(b)   trade unions;

(c)   active insurers,

and must be chaired by an independent person.”

After Clause 16

LORD MCKENZIE OF LUTON

BARONESS SHERLOCK

 

Insert the following new Clause—

“Report on the establishment of other schemes

The Secretary of State will, within a year of this Act coming into force,
prepare and lay before both Houses of Parliament a report setting out the
Government’s plans with regards to the establishment of other schemes in
relation to other asbestos or dust-related industrial diseases covered by the
Pneumoconiosis etc. (Workers’ Compensation) Act 1979.”

Prepared 10th July 2013