Bill will reverse House of Lords judgment

Sufferers of pleural plaques will be able to sue for damages

News, 30 November 2007

The Scottish Government is to introduce a bill to reverse the House of Lords recent judgment on pleural plaques.

This will mean that those people negligently exposed to asbestos who are diagnosed with pleural plaques - small areas of scarring on the lungs that can put people at an increased risk of developing mesothelioma - will continue to be able to raise an action for damages.

The House of Lords Judgment on 17 October ruled that asymptomatic pleural plaques do not give rise to a cause of action under the law of damages. The law on damages is devolved and in this instance, the UK Government decided that it would not be appropriate to legislate.

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.

"Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma and a small but significantly increased risk of developing bronchial carcinoma.

"We have listened to the many voices who have campaigned on behalf of asbestos sufferers. This Government takes this issue very seriously and I hope this move will bring some relief to people living with this condition."

The Government is currently considering what the earliest opportunity is for this bill to be placed into the legislative programme.