MSPs add their support to asbestos bill

Committee welcomes bill to ensure fairness in awards of damages to sufferers

News, 12 January 2007

Holyrood's Justice 1 Committee has welcomed the bill aimed at removing the dilemma faced by sufferers of mesothelioma, an asbestos-related cancer.

As the law currently stands, sufferers of mesothelioma have to either pursue their own damages claim while alive or choose to let their relatives pursue a claim once they have died, in order to benefit after their death.

The bill before parliament will allow both the sufferer and their family to seek compensation.

In a stage 1 report published today, the committee recommends that the parliament agree the bill’s general principles, to ensure fairness in the award of damages to the sufferers and their families.

The committee had heard that a significant number of mesothelioma sufferers had been postponing settling their claims, so that they would be able to benefit from the legislation. The Executive has since announced that amendments to the bill would be put forward at stage 2, so that its provisions would apply retrospectively to claims brought from 20 December 2006.

Committee convener, Pauline McNeill MSP, said: "Mesothelioma is a terrible disease. Sufferers have, from diagnosis, an average life expectancy of 14 months. This legislation will remove the dilemma faced by mesothelioma sufferers, enabling both the sufferer and their family to receive fair recompense.

"We are pleased that those sufferers who had been postponing settling their claims until the bill came into effect, can now proceed with their claims and gain benefit in their own lifetime."