§ Mr. Ashleyasked the Secretary of State for Social Services if he will introduce legislation which imposes strict liability for potters suffering from pneumoconiosis.
§ Mr. PrenticeNo. Pneumoconiosis is covered by the industrial injuries scheme, the benefits of which do not depend upon proof of negligence. If there is proof of negligence, damages at common law may also be recoverable. As the hon. Member will know, the Pearson Commission recommended that negligence or breach of 207W statutory duty should continue to be the basis of liability in tort for work injury. Potters who are unable to claim damages because the relevant employer has ceased to carry on business may be entitled to payments under the Pneumoconiosis etc. (Workers' Compensation) Act 1979.