Chamber
Plenary, 21 Mar 2007
21 Mar 2007 · S2 · Plenary
Item of business
Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill: Stage 3
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, where it can, to tackle that injustice. As other members have said, the Executive should be praised for its approach to this short but much-needed bill. As Mike Pringle said, the key issues on which we wanted change—retrospection and the single action—have been responded to by the Executive. I whole-heartedly welcome the update on that today.
There are many people to thank. Clydeside Action on Asbestos must be congratulated on lobbying the Parliament, ensuring that we understand the nature of the problem and suggesting practical solutions.
I thank the Scottish Parliament information centre for its excellent briefing, which allowed members to understand the fatal nature of this incurable disease. After many months of saying mesothelioma, I can now pronounce it without stuttering. For those who have not managed that yet and are struggling, there is an excellent guide in the SPICe briefing, which spells out the word in phonetic language.
As we know, there is no cure for this dreadful disease and there had been long delays in the court process, which was obviously out of step with the need to tackle the problem. For too long, the civil system was not friendly to the needs of mesothelioma victims. This tragedy has prevailed for too long and the bill is one of a series of reforms that I hope will tackle the injustice.
As Frances Curran said, men working in industry have suffered, but so have women—the figures are shocking. As Mary Mulligan said, this sort of workplace disease has motivated the trade union movement to fight hard to improve all employers' approaches to health and safety in the workplace, because nothing can be more tragic than the cases of those who have contracted the disease while simply getting on with their job.
Nothing can take away the tragic deaths and the suffering of families who have been affected by the illness and death of the person they love, but the least that the Parliament can do is to ensure that we have the best and most appropriate legislation. The drafters of the bill—which will soon be an act—should be congratulated on its simplicity. The predicament that was caused by section 1(2) of the Damages (Scotland) Act 1976, whereby any claims of relatives were extinguished when the sufferer had also claimed, has been removed.
The bill has set many precedents. There were no stage 3 amendments and there has been an amazing amount of consensus throughout the chamber. That consensus was reflected in the evidence of the witnesses from whom the Justice 1 Committee heard. Although there was initial trailing of disagreement, ultimately, all the witnesses agreed that the bill was the right way forward. The bill has universal support, which I am sure is unprecedented.
In a future session, Parliament will have other issues to address in tackling the injustice of mesothelioma. We know from the Parliament's work that the Association of Personal Injury Lawyers raised the issue of the three-year prescription period and the narrow way in which the judges had interpreted it. It is clear that there is more work for Parliament to do in future.
We have shown that we can and will act where we are needed. I am certain that the Parliament in the new session will fight on on this issue. I hope that it does.
There are many people to thank. Clydeside Action on Asbestos must be congratulated on lobbying the Parliament, ensuring that we understand the nature of the problem and suggesting practical solutions.
I thank the Scottish Parliament information centre for its excellent briefing, which allowed members to understand the fatal nature of this incurable disease. After many months of saying mesothelioma, I can now pronounce it without stuttering. For those who have not managed that yet and are struggling, there is an excellent guide in the SPICe briefing, which spells out the word in phonetic language.
As we know, there is no cure for this dreadful disease and there had been long delays in the court process, which was obviously out of step with the need to tackle the problem. For too long, the civil system was not friendly to the needs of mesothelioma victims. This tragedy has prevailed for too long and the bill is one of a series of reforms that I hope will tackle the injustice.
As Frances Curran said, men working in industry have suffered, but so have women—the figures are shocking. As Mary Mulligan said, this sort of workplace disease has motivated the trade union movement to fight hard to improve all employers' approaches to health and safety in the workplace, because nothing can be more tragic than the cases of those who have contracted the disease while simply getting on with their job.
Nothing can take away the tragic deaths and the suffering of families who have been affected by the illness and death of the person they love, but the least that the Parliament can do is to ensure that we have the best and most appropriate legislation. The drafters of the bill—which will soon be an act—should be congratulated on its simplicity. The predicament that was caused by section 1(2) of the Damages (Scotland) Act 1976, whereby any claims of relatives were extinguished when the sufferer had also claimed, has been removed.
The bill has set many precedents. There were no stage 3 amendments and there has been an amazing amount of consensus throughout the chamber. That consensus was reflected in the evidence of the witnesses from whom the Justice 1 Committee heard. Although there was initial trailing of disagreement, ultimately, all the witnesses agreed that the bill was the right way forward. The bill has universal support, which I am sure is unprecedented.
In a future session, Parliament will have other issues to address in tackling the injustice of mesothelioma. We know from the Parliament's work that the Association of Personal Injury Lawyers raised the issue of the three-year prescription period and the narrow way in which the judges had interpreted it. It is clear that there is more work for Parliament to do in future.
We have shown that we can and will act where we are needed. I am certain that the Parliament in the new session will fight on on this issue. I hope that it does.
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...