HOUSE OF COMMONS
Fourth Standing Committee on Statutory Instruments &c.
DRAFT PNEUMOCONIOSIS ETC. (WORKERS' COMPENSATION) (SPECIFIED DISEASES) ORDER 1985
DRAFT PNEUMOCONIOSIS ETC. (WORKERS' COMPENSATION) (PAYMENT OF CLAIMS) REGULATIONS 1985
Thursday 5 December 1985
HER MAJESTY'S STATIONERY OFFICE
Members who wish to have copies of the Official Report of Proceedings in Standing Committees sent to them are requested to give notice to that effect at the Vote Office.
No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor's Room, House of Commons,
not later than
Tuesday 10 December 1985
STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN STANDING COMMITTEES
|HMSO publications are available from:|
|HMSO Publications Centre||HMSO Bookshops||HMSO's Accredited Agents|
|(Mail and telephone orders only)||49 High Holborn, London, WC1V 6HB 01-211 5656 (Counter service only)||(see Yellow Pages)|
|PO Box 276, London, SW8 5DT||258 Broad Street, Birmingham, B1 2HE 021-643 3757|
|Telephone orders (01) 622 3316||Southey House, 33 Wine Street, Bristol, BS1 2BQ (0272) 24306/24307||and through good booksellers|
|General enquiries (01) 211 5656||9–21 Princess Street, Manchester, M60 8AS (061) 834 7201|
|80 Chichester Street, Belfast, BT1 4JY (0232) 234488|
|13a Castle Street, Edinburgh, EH2 3AR (031) 225 6333|
|Printed in England and Published by Her Majesty's Stationery Office||ISBN 0 10 991886 X|
The Committee consisted of the following Members:
Chairman: Mr. John Forrester
Biggs-Davison, Sir John (Epping Forest)
Bottomley, Mr. Peter (Eltham) (Parliamentary Under-Secretary of State for Employment)
Clay, Mr. Bob (Sunderland, North)
*Field, Mr. Frank (Birkenhead)
*Lloyd, Mr. Peter (Fareham) (Government Whip)
Madel, Mr. David (Bedfordshire, South-West)
Meadowcroft, Mr. Michael (Leeds, West)
Moate, Mr. Roger (Faversham)
Neale, Mr. Gerrard (Cornwall, North)
Pawsey, Mr. J. F. (Rugby and Kenilworth)
*Powell, Mr. William (Corby)
Rathbone, Mr. Tim (Lewes)
Redmond, Mr. Martin (Don Valley)
Rhodes James, Mr. Robert (Cambridge)
Rowe, Mr. Andrew (Mid-Kent)
Short, Ms. Clare (Birmingham, Ladywood)
Welsh, Mr. Michael (Doncaster, North)
Woodall, Mr. Alec (Hemsworth)
Mr. Wookey, Committee Clerk
27th November 19852 3 Fourth Standing Committee on Statutory Instruments, &c. Thursday 5 December 1985
[MR. JOHN FORRESTER in the Chair]
The Parliamentary Under-Secretary of State for Employment (Mr. Peter Bottomley): I beg to move,
That the Committee has considered the draft Pneumoconiosis etc. (Workers' Compensation) (Specified Diseases) Order 1985.
It might be helpful if I speak to both orders together.
These instruments are to be made under the Pneumoconiosis etc (Workers' Compensation) Act 1979. The specified diseases order adds two additional diseases to those covered by the Act. The payment of claims regulations increase by 5 per cent. the amounts of compensation paid under the Act to those who first satisfy all the eligibility conditions on or after 1 January 1986.
The Act provides for lump sum payments to sufferers—and where the sufferers have died, to their dependants—of dust-related diseases where there is no former employer remaining in business against whom a claim for damages might be or might have been made. Compensation is provided in this way for such diseases because they develop slowly. The sufferer may not know that he has the disease until long after he has ceased the work that caused his illness. By that time, the employer in whose employment the disease developed has often ceased to carry on business.
There was no provision in the original Act for the addition of any other industrial diseases. The Social Security Act 1985 amended the 1979 Act to allow the Secretary of State to specify other diseases by order.
The Pneumoconiosis etc (Workers' Compensation) (Specified Deseases) Order 1985 is the first-time this power has been exercised. It specifies the two additional diseases of, first, primary carcinoma of the lung where there is accompanying evidence of one or both of the following:
Sir John Biggs-Davison (Epping Forest): This is not my hon. Friend's first Ministerial speech, but may I say that it is a pleasure to follow him and to support him warmly in the advocacy of the order. There are no mines in Epping forest—5
Mr. Rowe: Yet.
Sir John Biggs-Davison: Not yet. I became acquainted with a constituent who suffered from a disease specified in the order. He is now dead. Therefore, I feel strongly about the matter and am glad to support my hon. Friend. I am astonished that Labour Party members are not here, as the Labour Party presumes to speak for miners and others affected by the order. I hope that they are here in spirit.
Mr. Bottomley: Such cases tear at the families of those affected and affect the hearts of hon. Members who come across them. I note by hon. Friend's 6 remarks about the attendance of the Committee. Perhaps Opposition members would have been here to oppose something controversial. We may take it that they are demonstrating their support for the Government's actions by their absence.
Question put and agreed to.
Resolved, That the Committee has considered the Draft Pneumoconiosis etc. (Workers' Compensation) (Specified Diseases) Order 1985. That the Committee has considered the Draft Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1985.
Committee rose at twenty-two minutes to Eleven o'clock.
THE FOLLOWING MEMBERS ATTENDED THE COMMITTEE:
Forrester, Mr. John (Chairman)
Biggs-Davison, Sir John
Bottomley, Mr. Peter
Lloyd, Mr. Peter
Rhodes James, Mr.