Scots asbestos payout law passed
Scots asbestos payout law passed
Legislation to allow people in Scotland to claim for past exposure to asbestos has been passed by MSPs. The new law overturns a House of Lords ruling that said damages could not be claimed for pleural plaques, a benign scarring of the lungs. The Damages (Asbestos-related Conditions) (Scotland) Bill was passed by 98 votes to 16. The Lords judgment - which stated sufferers could no longer use pleural plaques as a basis for a damages claim against a negligent employer - will still apply in England and Wales - although campaigners are awaiting a government response to calls that Westminster should follow the Scottish lead. Scotland's community safety minister Fergus Ewing commented: 'We have a moral duty to ensure that those who suffer the effects of asbestos due to our industrial past should be able to claim for damages.' The new law was passed despite Tory opposition. Mr Ewing added: 'People with pleural plaques have been injured and have a significantly higher risk than the general population of developing mesothelioma, which is a particularly vicious cancer. We cannot underestimate the anxiety that this brings to people affected by it or those living with them.' Supporters of the new law, including Clydeside Action on Asbestos, argued that the benign scarring on lungs proved past exposure to asbestos and increased the risk of fatal disease. Spokesperson Harry McCluskey said: 'It is my firm belief that it is the fundamental right of people with an asbestos-related disease to call to account negligent employers through the pursuit of compensation. I have nothing but praise for all of the MSPs who supported the need for legislation and who participated in the resulting debates.' Insurance firms AXA, Norwich Union, RSA and Zurich indicated ahead of the vote that they would look at mounting a legal challenge against any new law.
Damages (Asbestos-related Conditions) (Scotland) Bill [pdf]. ABI news release. BBC News Online. Daily Record. The Scotsman. Sunday Herald.
Sign on! A Daily Mirror petition to prime minister Gordon Brown, backed by asbestos campaign groups, is seeking similar pleural plaques legislation, as well as measures including an asbestos disease research centre and other compensation reforms.
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