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Chamber

Plenary, 21 Mar 2007

21 Mar 2007 · S2 · Plenary
Item of business
Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill: Stage 3
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. I thank all the campaigners for their hard work, particularly Asbestos Action (Tayside), whose service I had the pleasure of launching in Dundee. I especially want to mention Ian Babbs, who, although greatly affected by asbestosis, has achieved a great deal. Advice and information are now available to mesothelioma sufferers in Dundee, which means that they do not have to travel to receive such specialist support. Given the health difficulties that those individuals face, we should not underestimate the importance of providing advice as close as possible to home.

I wish that that service had been in place for a lady who came to see me in, I think, 2000. Twenty years ago, she had worked in a Dundee foundry; all her life, she had been fit and healthy and could walk for miles, but suddenly she started to get breathless when she was out. She was diagnosed with mesothelioma and, indeed, died within six months of receiving the diagnosis. It proved very difficult to work through the mire of the benefits system and the claims process to provide advice and information, and had advice been available then in Dundee, things might have been much easier for the lady and her family.

The bill, therefore, rights a wrong. Given that mesothelioma cases are expected to peak around 2015, we must make the claims process as quick and as simple as possible for people. It was an absolute travesty of justice to force people to make the difficult choice whether to pursue damages in their own name at a time when their health rendered them unable to take such decisions. Once the bill is passed, people will not have to face such an agonising dilemma. Indeed, that is the least that should happen, given that their suffering is no fault of their own.

Of course, other corrections need to be made, one of which is the limited availability of medication for mesothelioma sufferers. Members have already mentioned Alimta; as we know, it is not a cure but at least it alleviates the symptoms of the condition. I do not want to get into that matter today—the decision of the National Institute for Health and Clinical Excellence to recommend the withdrawal of that drug is under appeal—other than to say that it is another issue that mesothelioma sufferers and their families have to face. Depending on how the appeal goes, I am sure that we will hear more about the issue in this Parliament after 3 May.

Today is all about unity of purpose. I am certainly pleased that I have been able to take part in the debate and that this parliamentary session is ending with legislation on a touchstone issue that is important not only to those who are directly affected by the condition, but to many other people who know that those individuals have been victims of an injustice for a long time now. I pay tribute to the Parliament for correcting that injustice today.

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...