Bill would provide 300 million yen to settle lawsuits over A-bomb disease certification
Nov. 19, 2009
by Kohei Okata and Tsuyoshi Urushihara, Staff Writers
On November 17, the Liberal Democratic Party (LDP) and New Komeito prepared a bill in connection with the class action lawsuits over A-bomb disease certification so that the Japanese government can finance a fund that will provide settlement money for those who lost their cases in court. The bill has been prepared under the legislative process in line with a note of confirmation that was exchanged between the government and the plaintiffs to conclude the lawsuits last August. The bill says that the government will contribute as much as 300 million yen to the fund that will be established by the plaintiffs. In the hope that the bill will be proposed by the chair of the Committee on Health, Welfare and Labor at the Upper House, the two parties will enter into discussions with the Democratic Party of Japan (DPJ) as early as November 18. The bill is now highly likely to be enacted during the current Diet session.
According to those concerned in the LDP and New Komeito, their parties have prepared the bill to the effect that the central government will give financial assistance to the fund to resolve grievances of the plaintiffs of the class action lawsuits. The bill does not spell out who should use the fund and how and leaves these issues to the discretion of the plaintiffs so that the financial assistance can be effectively used as the settlement money. It is said that the two parties have reached a broad agreement with the Japan Confederation of A- and H-bomb Sufferers Organizations and the nationwide groups of plaintiffs and lawyers involved in the class action lawsuits.
The nationwide group of lawyers involved in the lawsuits expects the number of recipients of the settlement money to be 30 at most, even if the number of defeated plaintiffs increases through court decisions in the future. Fifteen plaintiffs who lost their cases at the initial trial are included in the estimate.
The LDP and New Komeito will carry out formal intraparty proceedings on November 18. As the confrontation between the ruling parties and opposition parties concerning the Diet proceedings, including discussions about a government-proposed bill, has continued at the Lower House, the LDP and New Komeito intend to enact the bill by pushing it through the Upper House this week and the Lower House next week. They will offer an explanation of the bill to DPJ members at the Upper House as early as November 18 and call for the bill to be proposed by the chair of the Committee on Health, Welfare and Labor.
On the same day, Ichiro Ozawa, secretary general of the DPJ, held talks with DPJ legislators and commented on the legislators-proposed bill: "As long as the bill is fine with the government and each party, there will be no problem." Prime Minister Yukio Hatoyama, before he became prime minister, promised to lend his cooperation to Yoichi Masuzoe, former minister of Health, Labor and Welfare. On November 6, Prime Minister Hatoyama acknowledged that the bill should be enacted during the current Diet session. The DPJ is ready to present a counterproposal and conduct discussions about changes in the bill.
Still, as some in the DPJ are insisting that "a government-proposed bill should be passed first," the situation surrounding the enactment of the bill is fluid with the end of the current Diet session on November 30 approaching.
Keywords
The note of confirmation for settlement of the class action lawsuits over A-bomb disease certification
The note of confirmation was exchanged between representatives of the Japan Confederation of A- and H-bomb Sufferers Organizations, including Sunao Tsuboi, the co-chairperson, which led the class action lawsuits, and then Japanese Prime Minister Taro Aso, former LDP president, in Hiroshima on August 6. A clause which stipulates that "a fund will be established through legislation and be used to resolve grievances of the plaintiffs" aims to provide the settlement money for those who lost their cases and realize the collective settlement of the lawsuits by "providing relief to all the plaintiffs," which the Japan Confederation of A- and H-bomb Sufferers Organizations and others have appealed for. The note of confirmation also includes the following clauses: 1) the central government will recognize those who have won their cases at the initial trial as A-bomb diseases sufferers, and 2) the Ministry of Health, Labor and Welfare and the plaintiffs, including the Japan Confederation of A- and H-bomb Sufferers Organizations, will set up a forum for regular discussions.
(Originally published on November 19, 2009)
On November 17, the Liberal Democratic Party (LDP) and New Komeito prepared a bill in connection with the class action lawsuits over A-bomb disease certification so that the Japanese government can finance a fund that will provide settlement money for those who lost their cases in court. The bill has been prepared under the legislative process in line with a note of confirmation that was exchanged between the government and the plaintiffs to conclude the lawsuits last August. The bill says that the government will contribute as much as 300 million yen to the fund that will be established by the plaintiffs. In the hope that the bill will be proposed by the chair of the Committee on Health, Welfare and Labor at the Upper House, the two parties will enter into discussions with the Democratic Party of Japan (DPJ) as early as November 18. The bill is now highly likely to be enacted during the current Diet session.
According to those concerned in the LDP and New Komeito, their parties have prepared the bill to the effect that the central government will give financial assistance to the fund to resolve grievances of the plaintiffs of the class action lawsuits. The bill does not spell out who should use the fund and how and leaves these issues to the discretion of the plaintiffs so that the financial assistance can be effectively used as the settlement money. It is said that the two parties have reached a broad agreement with the Japan Confederation of A- and H-bomb Sufferers Organizations and the nationwide groups of plaintiffs and lawyers involved in the class action lawsuits.
The nationwide group of lawyers involved in the lawsuits expects the number of recipients of the settlement money to be 30 at most, even if the number of defeated plaintiffs increases through court decisions in the future. Fifteen plaintiffs who lost their cases at the initial trial are included in the estimate.
The LDP and New Komeito will carry out formal intraparty proceedings on November 18. As the confrontation between the ruling parties and opposition parties concerning the Diet proceedings, including discussions about a government-proposed bill, has continued at the Lower House, the LDP and New Komeito intend to enact the bill by pushing it through the Upper House this week and the Lower House next week. They will offer an explanation of the bill to DPJ members at the Upper House as early as November 18 and call for the bill to be proposed by the chair of the Committee on Health, Welfare and Labor.
On the same day, Ichiro Ozawa, secretary general of the DPJ, held talks with DPJ legislators and commented on the legislators-proposed bill: "As long as the bill is fine with the government and each party, there will be no problem." Prime Minister Yukio Hatoyama, before he became prime minister, promised to lend his cooperation to Yoichi Masuzoe, former minister of Health, Labor and Welfare. On November 6, Prime Minister Hatoyama acknowledged that the bill should be enacted during the current Diet session. The DPJ is ready to present a counterproposal and conduct discussions about changes in the bill.
Still, as some in the DPJ are insisting that "a government-proposed bill should be passed first," the situation surrounding the enactment of the bill is fluid with the end of the current Diet session on November 30 approaching.
Keywords
The note of confirmation for settlement of the class action lawsuits over A-bomb disease certification
The note of confirmation was exchanged between representatives of the Japan Confederation of A- and H-bomb Sufferers Organizations, including Sunao Tsuboi, the co-chairperson, which led the class action lawsuits, and then Japanese Prime Minister Taro Aso, former LDP president, in Hiroshima on August 6. A clause which stipulates that "a fund will be established through legislation and be used to resolve grievances of the plaintiffs" aims to provide the settlement money for those who lost their cases and realize the collective settlement of the lawsuits by "providing relief to all the plaintiffs," which the Japan Confederation of A- and H-bomb Sufferers Organizations and others have appealed for. The note of confirmation also includes the following clauses: 1) the central government will recognize those who have won their cases at the initial trial as A-bomb diseases sufferers, and 2) the Ministry of Health, Labor and Welfare and the plaintiffs, including the Japan Confederation of A- and H-bomb Sufferers Organizations, will set up a forum for regular discussions.
(Originally published on November 19, 2009)
