Scottish Parliament to Reverse Asbestos Decision
The Scottish Parliament is to introduce legislation to overturn a House of Lords ruling which rejected claims for compensation by thousands of people exposed to asbestos at work through no fault of their own.
On 17 October 2007, the Law Lords decided to stop compensation payments for people suffering from pleural plaques following asbestos exposure at work. Pleural plaques is a scarring of the lungs but the Lords decided that it was technically not a disease.
At the time, Scotland’s first minister, Alex Salmond, pointed out that the ruling was not binding in Scotland.
Yesterday Scottish Justice Secretary, Kenny MacAskill said:
“ The effects of asbestos are a terrible legacy of Scotland’s industrial past and we should not turn our backs on those who contributed to our nation’s wealth in the past. The Scottish Government is to take steps to reverse the House of Lord’s Judgment and ensure that people with pleural plaques can continue to raise an action for damages.”
Paul Meehan, an asbestos specialist with national law firm Pattinson & Brewer adds:
“Prior to the Lords ruling, there was an established right to compensation for pleural plaques for over 20 years. I would hope that this decision would persuade the Westminster Government that action must be taken to ensure that those asbestos victims in England & Wales receive proper redress.”