Scotland plans pleural plaques reversal

News | HSP
18.12.2007

Scottish ministers are to introduce a Bill to overturn a recent House of Lords ruling that prevents workers suing employers over the asbestos-related condition pleural plaques.  The Holyrood Bill, proposed by the Scottish cabinet, means that sufferers in Scotland will continue to be able to claim damages.

Pleural plaques are small benign areas of scarring on the lungs that are an indicator of exposure to asbestos. Although they do not cause or develop into a more serious asbestos-related condition, they do signify an increased lifetime risk of developing the cancer mesothelioma because of exposure to asbestos. 

"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, said Scottish Justice Secretary Kenny MacAskill. "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 Lords judgment in Johnston v NEI International Combustion Ltd on 17 October 2007 ruled that asymptomatic pleural plaques do not give rise to a cause of action under the law of damages. The decision triggered anger amongst unions and employment lawyers who argued it removed a two-decade established right to compensation and would only lead to massive savings for insurers.

Plans for a Scottish reversal of the Law Lords' ruling seem to be putting further pressure on the Westminster government to act. When MP Michael Clapham recently raised the issue in the House of Commons, James Plaskitt, parliamentary undersecretary of state at the Department of Work and Pensions, told him: "We want to consider the ruling of the court and we need to see what happens as the issue is debated in the Scottish parliament."