Mesothelioma Bill [HL]

Page 1, line 3, after “may” insert “by regulations”

Page 1, line 6, at end insert “, and

“( )   fund research into mesothelioma (through the research supplement
under section (Research supplement))”

Page 1, line 7, leave out subsections (2) and (3)

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

Page 1, line 17, at end insert—

“( )   the person was self-employed at the time of exposure to asbestos,”

Page 1, line 17, at end insert—

“( )   the person was a member of the same household as a person
exposed to asbestos in the course of their work,”

Page 2, line 19, leave out “regulations made by the Secretary of State” and insert
“the scheme”

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

Page 2, line 47, leave out “regulations made by the Secretary of State” and insert
“the scheme”

Page 3, line 4, leave out “regulations made by the Secretary of State” and insert “the
scheme”

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

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 5, leave out “regulations” and insert “scheme”

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.”

Page 3, line 16, after “payments” insert “above £110,000”

Page 4, line 12, at end insert—

“( )   must ensure as far as possible that the scheme administrator is
unbiased as between the interests of the insurance industry and the
interests of applicants to the scheme,”

Page 6, line 3, leave out “281(5)” and insert “154(1)”

Insert the following new Schedule—

SCHEDULE

TARIFF

Page 7, line 10, at end insert—

“(1A)    The regulations 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)).”

Page 7, line 11, after “levy” insert “(not including the research supplement)”

Page 7, line 16, after “levy” insert “(not including the research supplement)”

Page 7, line 18, after “levy” insert “(not including the research supplement)”

Insert the following new Clause—

“Research supplement

(1)   This section makes provision about the research supplement mentioned in
section 13(1A).

(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% 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 arrangements 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

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

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.”

Page 9, line 11, leave out “or anyone else”

Page 9, line 15, leave out subsection (10)

Insert the following new Clause—

“Establishing additional schemes

The Secretary of State shall by regulation establish another scheme in
relation to long-latency asbestos-related diseases in current and retired
members of the Armed Forces.”

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.”

Insert the following new Clause—

“Miscellaneous

Reporting duty

The Secretary of State must, before the end of the period of six months
beginning with the end of each financial year, lay before Parliament a
report describing the performance of the scheme.”

Page 9, line 39, leave out “4 (amount of payment)” and insert “1 (the scheme)”

Page 9, line 40, leave out “, 10 or 15” and insert “or 10”

Page 11, line 1, leave out “The Secretary of State may by regulations” and insert
“The scheme may”