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Parliament passes Damages Bill
11/03/2009
People negligently exposed to asbestos and diagnosed with pleural plaques will continue to be able to raise an action for damages.
The Scottish Parliament today passed the Scottish Government's Damages (Asbestos-related conditions) (Scotland) Bill, ensuring that a contrary House of Lords judgement will not have effect in Scotland.
Minister for Community Safety Fergus Ewing said:
"Many Scots in the past contributed to our nation's wealth, working in industries such as ship building and construction. Some were not properly protected against exposure to the potentially lethal substance of asbestos.
"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 Parliament has today agreed that the House of Lords judgement which denied compensation for pleural plaques in England should not have effect in Scotland. I welcome that decision.
"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.
"I hope this action will bring some relief to those people who are living every day with this condition."
Pleural plaques are a scarring of the membrane around the lung and are generally associated with exposure to asbestos. While pleural plaques are generally painless, they signify exposure to a substance which can also lead to debilitating and sometimes fatal conditions, including mesothelioma.
For over two decades, it was accepted that pleural plaques constitute an injury for which damages are recoverable in civil law. However, a series of cases were contested by insurers and, on October 17, 2007, the House of Lords ruled that pleural plaques do not merit compensation in tort law (the English equivalent of Scots delict). While restricted to England and Wales and not binding in Scotland, the judgement would be considered as highly persuasive by the Scottish courts.
In November 2007 the Scottish Government announced that it intended to ensure that the judgement did not have effect in Scotland. In June 2008, after a period of consultation, the Scottish Government introduced the Damages (Asbestos-related conditions) (Scotland) Bill, to ensure that - despite the House of Lords judgement - pleural plaques and other asymptomatic asbestos-related conditions remain actionable.
The Bill was scrutinised by the Justice Committee and, in November 2008, was endorsed unanimously by the Scottish Parliament. At that time the Scottish Government agreed to review the financial implications of the Bill and, after further consultation and analysis, in February 2009 revised financial estimates were presented to the Justice Committee.