MINERS’ CLAW – UPDATE NUM and IIAC Press For Review

28 June 2018 Minister promises review of Dupuytren’s Contracture ‘miners claw’ ruling

The long running campaign to have the debilitating Dupuytren’s Contracture industrial disease recognised reached an important milestone this week with a senior government minister promising to unblock the process.

Dupuytren’s Contracture is the first industrial disease since 1947 not to be brought on to the statute books following an IIAC recommendation.

The NUM and Durham Miners’ Association (DMA) have been campaigning since 2014 for the government to accept the IIAC recommendation and allow this disease to be prescribed as an Industrial Disease thus allowing miners who suffer from the condition to make a claim for benefit.

The Industrial Injuries Advisory Council (IACC) is the independent body that recommends which industrial diseases be added to an official list.

Minister of State for Disabled People, Health and Work Sarah Newton MP met with County Durham MP’s and Durham Miners’ Association representatives to try to find a solution to the delay.

Sarah Newton MP promised that Chief Medical Officer, Professor Gina Radford, would review the evidence and report back within the next few months.

Alan Cummings, NUM NEC Member and DMA secretary, said: “It is a disgrace that miners, and other workers, have had to wait so long for this matter to be resolved. We now think there may be some light at the end of the tunnel.

“We would expect an answer to this long running issue sometime in the early autumn. We will be holding the minister to her word.”

Also, at the meeting were Durham City MP Roberta Blackman-Woods and North Durham MP Laura Pidcock. Laura Pidcock MP said: “This is a dreadful condition which we now know is caused, in part, by industrial work. It is time the government took action.”

Roberta Blackman-Woods MP said “We organised a big lobby of MP’s to support taking this action forward and we would expect to see results. This is an incurable condition which affects many people, particularly miners, and we need to see justice being done.”

Extract from Minutes of the IIAC Meeting – 11 January 20184.
Dupuytren’s contracture
4.1 IIAC published its command paper on Dupuytren’s contracture on 8 May 2014.
4.2 Sarah Newton MP, Minister for Minister for Disabled People, Health and Work, wrote to IIAC via the Chair on 30 November 2017, advising the Council the Department would not be proceeding with its recommendation to add Dupuytren’s contracture to the list of prescribed diseases.
4.3 It was noted that this is only the second time in at least 30 years that a recommendation from the Council has been turned down. Concern was raised that Minister may not have had the full breadth of information and evidence available on this topic.
4.4 In the letter, reference was made to Dupuytren’s often being mild and not requiring treatment. This was countered by a member who, through direct experience, made the case that the condition is often serious and can have a negative impact on patient’s lives and functioning. Research reports were also identified that cited quite high complication rates if surgery is needed. It was felt that the Command paper published back in 2014 (Cm 8860, Dupuytren’s contracture due to hand-transmitted vibration: IIAC report) did not emphasise this aspect enough.
4.5 The letter also stated that the Department considered priority should be given to diseases which are more severe in their effects. A member noted that this decision marked a considerable change in policy from the government, although a DWP official said that there was no explicit intention to alter policy. It was noted that several other conditions which are less disabling in nature are scheduled within the Scheme and, moreover, that the legislative framework provides for aggregation of conditions. The decision by the Minister thus appeared at variance with a basic provision of the Scheme and previous practice and precedent, raising questions about policy intent, consistency and the equal treatment of claimants and potential claimants.
4.6 A member considered that the decision might be challenged under the Equality Act. Another thought that it would raise criticism and challenge in the House.
4.7 The letter from the Minister offered the opportunity to meet with the Chair to discuss the matter. It was decided that this meeting should take place as soon as convenient and ahead of Council correspondence. Two members with relevant expertise agreed to accompany the Chair to the meeting.

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Durham Gala Fringe

Established in 2013 Education 4 Action facilitates events in the week preceding the Durham Miners Gala. We are a team of enthusiastic volunteers with a shared mining and Labour heritage. We work closely with the DMA, Marras and like- minded organisation and will warmly welcome anyone interested in joining us. See events here

Breakthrough With Lung Diseases

Chris Skidmore Yorkshire NUM Chairman – Photo thanks to Chris Bevan former Askern Miner www.chrisbevanphotography.co.uk

How many miners have worked in tunnels where solid rock has been shot fired with clouds of dust so dense that you can’t see your hands in front of your face and how many miners have breathed in the dust as the ventilation forced it outbye?

Well, as a direct result of a question raised by Chris Skidmore, NUM Yorkshire Area Chairman at the public meeting in Manchester on 6 July 2017 the Industrial Injuries advisory Council (IIAC) has recommended that in future a coalminer with silicosis and primary carcinoma of the lung should be eligible to apply for benefit. (THE INDUSTRIAL INJURIES ADVISORY COUNCIL POSITION PAPER 41 Coal mining, silicosis and lung cancer gov.uk/iiac)

At present Prescribed Disease PD D11 excludes coalminers suffering from both of these diseases from benefit and provides entitlement only where the claimant is and has been exposed to silica dust in the following occupations namely:
glass manufacture, sandstone tunnelling and quarrying, the pottery industry, metal ore mining, slate quarrying and production, clay mining, use of siliceous materials as abrasives, foundry work, granite tunnelling and quarrying, stone cutting and masonry.

At the meeting the NUM questioned whether the exposure conditions for PD D11 (b), “tunnelling in, or quarrying sandstone or granite “could apply to work as a coalminer; and if not, whether the prescription should be amended to enable such coverage. This was prompted by a case in which a coalminer with lung cancer and silicosis was initially refused benefit for PD D1 (pneumoconiosis), a position reversed upon appeal when it was successfully argued that coal mining was a form of “tunnelling” that could be through hard rock. IIAC has now said that it would expect that, since it has long been recognised that exposure to silica dust and cases of silicosis can arise in coal mining involving cutting of sandstone strata, usually by tunnelling or drilling.

The Council recommendation will now be referred to the Minister and it is expected that the legislation will be revised to incorporate the IIAC view that a prima facie case exists for recognising PD D11 in a coalminer with primary lung cancer if (i) a diagnosis of silicosis can be sustained, and if (ii) it can be shown that their work has involved “tunnelling in, or quarrying sandstone or granite”.

We shall notify you on these pages when the relevant change occurs so that former coal miners suffering from these diseases can take advantage of these significant changes to the law.

There Is Power In The Union

Miners’ Leader Chris Kitchen Photo thanks to Chris Bevan former Askern Miner www.chrisbevanphotography.co.uk

Responding to issues raised by A. Matthewson, H. Parfitt, M. Thomson and S. Jones relating to the status of the National Union of Mineworkers the Certification Officer (CO) has declared that she is satisfied that the NUM and most NUM areas continue to meet the statutory definition of a trade union.
The CO has taken the preliminary view that NUM (North East) Area and NUM (Scotland) Area no longer fall within that definition and accordingly it is likely that these areas will be removed from the schedule of trade unions.
Commenting on the outcome of this enquiry Chris Kitchen, NUM National Secretary said “This is yet another failed attempt by a number of former members to undermine the integrity of the NUM and prevent the Union from continuing with the valuable services that we offer to current and former members. The Union accepts the outcome, but we are disappointed that once again we have been forced to spend time and our members money defending unwarranted complaints”
Regarding the position of Scotland and North East Areas he said “It is a pity that due to the actions of certain individuals these areas will no longer be recognised as independent trade unions. However, Scotland and the North East will continue as administrative areas of the National Union of Mineworkers and I want to assure all members and former members in those areas that this union will continue to represent them and their families as we have always done”.

NUM GAIN JUSTICE FOR MINERS DAUGHTER

The NUM is pleased to report that it has been able to assist a severely disabled young woman and her family establish entitlement to mobility payments from the Department for Work and Pensions.
Hayley suffered catastrophic injuries as a child when she was severely injured in a road traffic accident. Throughout her life she has been cared for by her family who relied on benefits they received from DWP. However, when they could no longer care for Hayley full time she was admitted to a care home and the Department stopped her mobility payments.
Hayley’s father, an ex-miner and NUM member contacted the Union for assistance. He told us that Hayley relied on a specially adapted vehicle which he used to collect her and bring her to and from the home at weekends and for holidays so that Hayley could visit her family and friends. However he had to cancel an order for a replacement vehicle when the benefits were stopped.
The NUM legal officer took up the case and was concerned to find that the family had been told that they did not even have a right of appeal against the decision. The Union insisted that an appeal should proceed and eventually was able to obtain the necessary evidence to overturn the decision.
Hayley’s benefit has been reinstated and backdated so that the family can now afford the new vehicle and Hayley is once more able to enjoy the company of her friends and relatives. Hayley’s father thanked the NUM and said, “I don’t know how you did it but I would not have been able to get this result without the Union’s help”.
Harry Eyre, NUM Legal Officer said” This was an appalling situation which should never have arisen. I am very pleased that the Union has been able to help the family in these circumstances”.

NUM WELCOME DECISION IN SCOTTISH PARLIAMENT

The NUM welcome the Ministerial Statement in the Scottish Parliament on the Impact of Policing on Communities during the Miners’ Strike. The statement by the Cabinet Secretary for Justice Michael Matheson announced that a robust, proportionate and fair independent review to be lead by John Scott QC. The statement can be read by clicking the flag.

General Data Protection Regulations

The General data Protection Regulations came into force on 25 May 2018. These regulations are designed to complement the provisions of the Data Protection Act 1998 and enhance the rights of individuals to privacy where their personal information is processed. The regulations apply to all organisations including the NUM and the Union has updated its policies and procedures to implement the changes and ensure that we deal with your personal data in accordance with the legislation. In particular the Union has revised its privacy notice to explain its responsibilities to you and also the type of personal information collected, how it is used and how it is protected.

The NUM privacy notice can be viewed here:

GDPR Privacy Notice

 

NUM Welcome MPS Meeting

Click Box For Details

NUM Yorkshire Area were pleased to hear a presentation (click box for details) from the MPS on Sunday 13 May 2018 at the Yorkshire Miners Holiday Home at Scalby in North Yorkshire. Yorkshire NUM Secretary Chris Kitchen said that after many years of the NUM and others raising the issue of the MPS surplus it was welcome to hear that the MPS Trustees would welcome a change in surplus sharing arrangements but did not want to weaken the Guarantee. The issue of a fair surplus sharing will be highlighted in London where Les Moore and the UK MINEWORKERS PENSION CAMPAIGN have arranged a rally on Wednesday 6th June 2018, meet at the OLD PALACE YARD 12.30 – 13.00 PM (Dennis Skinner Speaking) 13.30pm filter through House of Commons Security to COMMITTEE ROOM 14 for 2pm.

Poison

One the one side the Conservatives having expelled Russians for (according to the government) poisoning people in Salisbury and bombing Syria for (according to the government) poisoning its own people are aided and abetted by the media machine that poisons anyone that doesn’t serve the interests of those who ‘own and control’, had to mount a ‘Herculean effort’, to deliver candidates for 4,400 of the 4,413 wards and they managed to get 1,332 elected.

On the other side is Labour whose parliamentary party are not exactly united behind its leader and it goes without saying that without a ‘Blair like leader’ the media machine will do all it can to oppose Corbyn, yet Labour managed to get 2,350 candidates elected.

The antidote to the poison is of course the truth. Now there are lots of things you can do with numbers so let’s put it simple Labour won more than the Conservatives. Spin it how you like but that is what happened.

 

The Test of Time

34 years ago Jeremy Corbyn showed his support for Miners’ fighting to save jobs unlike the leader of the Labour Party at that time. In the forthcoming elections who will you be supporting?