Executive Committee Business – in the Northern Ireland Assembly at 12:30 pm on 25 June 2024.
I beg to move
That the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2024 be approved.
The Business Committee has agreed that there should be no time limit on the debate.
The regulations are part of the annual uprating package and increase the lump sum compensation payable by the scheme under the Mesothelioma, etc., Act (Northern Ireland) 2008. There is no explicit requirement to review the level of payments under the scheme each year, unlike with the main benefit uprating order. The regulations increase, however, the amounts payable by the scheme in line with the rate of inflation. The amounts payable under the scheme have been increased for 2024-25 by 6·7%, which mirrors the percentage increase of industrial injuries benefits in the main uprating order.
Under the scheme, those who have been exposed to asbestos can claim a lump sum payment if they are not entitled to payment under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979, which is known as the 1979 scheme, and do not otherwise have a civil claim. The scheme provides financial help to persons diagnosed with that horrible disease or, if the person has died, to their dependants within a matter of weeks of diagnosis and without the need to establish an occupational link or any causative link. Provided that they have not already received a compensation payment from another source, people who suffer from that awful disease are therefore eligible for a payment regardless of whether they were employees, were self-employed or, indeed, have never worked, as may be the case for family members who contracted the disease through secondary exposure, such as from cleaning asbestos-covered clothes.
For 2024-25, by way of an example, the amount payable to a person aged 37 or under at diagnosis has increased from £107,038 to £114,210, which is the same maximum that can be paid out under the 1979 scheme. The regulations ensure that the compensation provided under the scheme maintains its value relative to inflation. I hope that I will have the support of the House in welcoming the provisions.
As Chair of the Committee for Communities, I support the introduction of the regulations. The Committee considered the statutory rule (SR) at its meeting on 11 April. I will not rehearse the details — the Minister set them out in great detail — but the primary purpose of the change is to increase lump sum payments made to individuals suffering from diffuse mesothelioma, as well as to their dependants. Members will be aware that the regulations are crucial for individuals who are afflicted by that debilitating disease, which often results from asbestos exposure. Under the Mesothelioma, etc., Act (NI) 2008, payments are made without requiring proof of negligent exposure to asbestos or proof that the exposure occurred during employment, as the Minister outlined. That ensures swift and fair payment of compensation to those affected. The need for change arises from the inflation adjustment based on the consumer price index for September 2023, which was recorded at 6·7%. The uprating of payments is consistent with other disability benefits and reflects our commitment to supporting those who have been severely impacted on by asbestos-related diseases.
I will now speak about the rule's purpose and its implementation. It aims to adjust lump sum payments in line with inflation, ensuring that beneficiaries receive adequate compensation that reflects current economic conditions. The Committee was advised that there was no statutory requirement for consultation on the changes proposed by the rule, nor did the rule require an equality impact assessment (EQIA) to be done. Furthermore, the regulations do not impose any additional cost on businesses, charities, social enterprises or voluntary bodies. As for financial and regulatory compliance, payments under the 2008 scheme are funded through the recovery of amounts from civil compensation, thus ensuring that there is no extra financial burden on public funds. Additionally, the regulations comply with section 24 of the NI Act 1998 and align with the corresponding regulations in Britain, thereby maintaining parity, in line with existing policy. The Committee understands that, in order to maintain legislative parity, the regulations will come into force concurrently with similar amendments in Westminster, supporting an alignment of approach with social security and disability support.
After careful consideration, the Committee was satisfied that the regulations are necessary and beneficial. They align with our ongoing commitment to support individuals affected by serious health conditions such as diffuse mesothelioma, who will continue to experience financial implications associated with the disease. On behalf of the Committee for Communities, I am therefore content to recommend that the Assembly approve the regulations. That approval will ensure that we continue to provide essential financial support to some of the most vulnerable members of our society. I thank the Minister and his officials for their ongoing engagement with the Committee on those and other matters.
I am grateful to the Chairman of the Committee for his contribution and, once again, for the consensus that we have experienced around the House today, not just on this but on other motions. I trust that all the proposals and legislation that I bring to the House in the future will have similar levels of support.
We will see.
We will see, but it is very positive that we all agree. I commend the motion to the House.
Thank you for commending the motion to the House. To the students who have just arrived in the Public Gallery, unfortunately, you are only going to see something very short before we move on.
Question put and agreed to. Resolved:
That the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2024 be approved.
The next item of business in the Order Paper is the Adjournment. Obviously, that cannot take place until after Question Time. I therefore propose, by leave of the Assembly, to suspend the sitting until 2.00 pm.
The sitting was suspended at 12.41 pm.
On resuming (Mr Deputy Speaker [Mr Blair] in the Chair) —