Chamber
Plenary, 21 Mar 2007
21 Mar 2007 · S2 · Plenary
Item of business
Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill: Stage 3
Absolutely—without question.
The non-contentious nature of this bill was clearly evident in the shortest ever briefing from the Law Society of Scotland. I was actually able to read it reasonably quickly from end to end and understand it all.
I decided to look up mesothelioma on the web. There are 284,000 references on Google UK and 796,000 references on worldwide Google. Even such a simple subject as this has more information on the web than any of us could ever hope to read.
I was interested to read on Google that the dangers of asbestos were already well known as far back as 1899. Therefore, we might ask why it took so long to ban it. The answer is probably that asbestos was so useful and so cheap in installations in the building industry.
During my exploration of Google, I came across the interesting case of June Hancock, who lived in Leeds near a factory owned by J W Roberts, which was, in turn, owned by Turner & Newall. The factory manufactured asbestos. As a child in the late fifties, June Hancock played in Armley, a suburb of Leeds near the factory. After asbestos dust was pushed out from the factory and covered the area, exposing many innocent residents to the dangers of the substance, she was diagnosed with mesothelioma. J W Roberts had long since closed, so she took the parent company, Turner & Newall, to court. In October 1995, she finally won her case and was awarded £65,000. She was the first person to sue who had not been directly involved in the asbestos industry. She had not worked in the industry but was an innocent bystander. She won her case four years before asbestos was finally banned in 1999.
I was surprised to learn that there is a type of mesothelioma that is actually benign. Like the cancerous type, it occurs by lodging in the lining of the lungs, but it never develops into a tumour. However, the benign type is very rare.
Most cases of mesothelioma form into tumours and there is no known cure. It is caused by one of three types of asbestos—blue, brown or white—and it takes between six and 10 years to develop after exposure. As I said, asbestos was finally banned in 1999, but in theory we will still be getting new cases in 2059. It is estimated that by 2015 there will be 3,000 new cases a year. Therefore, this small bill, with so few sections, will have a very positive outcome for a great many people for many years.
The disease is almost always caused by asbestos, but very occasionally it seems to develop in other cases. The medical profession does not yet fully understand how that occurs. Research has led some in the profession to think that it might in some way be linked to radiation.
Today we will pass a bill with no dissent. For those who are currently suffering, and for the many who are going to suffer, it will give a better deal. Those people deserve that better deal. Compensation awards are better than they were, but are they enough? June Hancock was awarded £65,000 in 1995, but how much should the award be in 2007?
I also congratulate all those who have campaigned so hard on this issue: Clydeside Action on Asbestos; Asbestos Action (Tayside); Des McNulty, in particular; Duncan McNeil; and many others.
The non-contentious nature of this bill was clearly evident in the shortest ever briefing from the Law Society of Scotland. I was actually able to read it reasonably quickly from end to end and understand it all.
I decided to look up mesothelioma on the web. There are 284,000 references on Google UK and 796,000 references on worldwide Google. Even such a simple subject as this has more information on the web than any of us could ever hope to read.
I was interested to read on Google that the dangers of asbestos were already well known as far back as 1899. Therefore, we might ask why it took so long to ban it. The answer is probably that asbestos was so useful and so cheap in installations in the building industry.
During my exploration of Google, I came across the interesting case of June Hancock, who lived in Leeds near a factory owned by J W Roberts, which was, in turn, owned by Turner & Newall. The factory manufactured asbestos. As a child in the late fifties, June Hancock played in Armley, a suburb of Leeds near the factory. After asbestos dust was pushed out from the factory and covered the area, exposing many innocent residents to the dangers of the substance, she was diagnosed with mesothelioma. J W Roberts had long since closed, so she took the parent company, Turner & Newall, to court. In October 1995, she finally won her case and was awarded £65,000. She was the first person to sue who had not been directly involved in the asbestos industry. She had not worked in the industry but was an innocent bystander. She won her case four years before asbestos was finally banned in 1999.
I was surprised to learn that there is a type of mesothelioma that is actually benign. Like the cancerous type, it occurs by lodging in the lining of the lungs, but it never develops into a tumour. However, the benign type is very rare.
Most cases of mesothelioma form into tumours and there is no known cure. It is caused by one of three types of asbestos—blue, brown or white—and it takes between six and 10 years to develop after exposure. As I said, asbestos was finally banned in 1999, but in theory we will still be getting new cases in 2059. It is estimated that by 2015 there will be 3,000 new cases a year. Therefore, this small bill, with so few sections, will have a very positive outcome for a great many people for many years.
The disease is almost always caused by asbestos, but very occasionally it seems to develop in other cases. The medical profession does not yet fully understand how that occurs. Research has led some in the profession to think that it might in some way be linked to radiation.
Today we will pass a bill with no dissent. For those who are currently suffering, and for the many who are going to suffer, it will give a better deal. Those people deserve that better deal. Compensation awards are better than they were, but are they enough? June Hancock was awarded £65,000 in 1995, but how much should the award be in 2007?
I also congratulate all those who have campaigned so hard on this issue: Clydeside Action on Asbestos; Asbestos Action (Tayside); Des McNulty, in particular; Duncan McNeil; and many others.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
The next item of business is a debate on motion S2M-5628, in the name of Cathy Jamieson, that the Parliament agrees that the Rights of Relatives to Damages (...
The Deputy Minister for Justice (Johann Lamont):
Lab
The Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill is a short but significant piece of legislation that will help a small group of people who ...
Mr Kenny MacAskill (Lothians) (SNP):
SNP
I apologise, as I will have to leave the debate before the conclusion of the final speeches to go to a meeting of the Scottish Parliamentary Corporate Body.T...
Margaret Mitchell (Central Scotland) (Con):
Con
It is a pleasure to speak in support of this short and unusual bill. It is a measure of the unanimity of the support for the bill that there were no stage 3 ...
Mike Pringle (Edinburgh South) (LD):
LD
I am pleased to speak at stage 3 of the Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill.I have been in the Parliament for only four years, wher...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I think that the member is correct. I cannot recall a previous occasion on which there were no amendments to a bill at stage 3—although I am sure that I will...
Mike Pringle:
LD
Absolutely—without question.The non-contentious nature of this bill was clearly evident in the shortest ever briefing from the Law Society of Scotland. I was...
Mrs Mary Mulligan (Linlithgow) (Lab):
Lab
I, too, am pleased to speak in the debate. As members said, many people should be congratulated on their support for the bill: my Labour colleagues Des McNul...
Shona Robison (Dundee East) (SNP):
SNP
As I have said before, we whole-heartedly welcome the bill as a means of bringing some justice to those who are affected by mesothelioma and their relatives....
Eleanor Scott (Highlands and Islands) (Green):
Green
In my brief speech, I will record my party's support for the bill. This is a short, circumscribed but very important bill, which, because it has received sup...
Frances Curran (West of Scotland) (SSP):
SSP
The Scottish Socialist Party very much welcomes and supports the bill. Politics is about power: who has it and how they use it. Although I am part of the con...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
Members know that there has been a long history of tackling the injustice of mesothelioma. The Parliament has attempted to use its powers to reform the law, ...
John Swinburne (Central Scotland) (SSCUP):
SSCUP
By the law of averages, I have no right to be standing here, because I worked in the shipyards. In 1947—60 years ago now—I worked in the city of Johannesburg...
Mike Pringle:
LD
The Deputy Minister for Justice set out all the essential details of the bill, so I will not go over them again. She made an extremely good point about an is...
John Swinburne:
SSCUP
I think that it was not so much that the employers did not know, as that they did not care. That is the difference.
Mike Pringle:
LD
I agree almost entirely with that point. That shows how irresponsible some of our industries were, given that the facts were known a long time ago.This is a ...
Bill Aitken (Glasgow) (Con):
Con
I declare a technical interest, in that I am the beneficiary of an insurance company pension. I am sure that this is the first time that anyone in the Parlia...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
It is no great secret that we have some fairly confrontational debates in this place from time to time and that, although we speak this afternoon in a spirit...
The Deputy Minister for Communities (Des McNulty):
Lab
I am delighted to have the opportunity to wind up this debate on the Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill, which takes forward the w...