Chamber
Plenary, 21 Mar 2007
21 Mar 2007 · S2 · Plenary
Item of business
Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill: Stage 3
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 of consensus, not all parties here have coalesced around a single view of the world. It is therefore particularly pleasant that, in the last stage 3 in this session of Parliament—the remaining bill is a private bill, which has no stage 3—we coalesce around an issue in relation to which there is not one scintilla of difference in our objectives and not an iota of criticism of how those objectives are being sustained by a bill.
It is good that we have found a way of pushing the boundaries a little and of introducing a degree of retrospection in respect of implementation of the legislation. It is also good that, in doing so, we have obtained the consent and support of all parties involved in the matter, including not only the sufferers but we parliamentarians. Let us note that we are but bit players in the matter. The people who have really brought deliverance to the sufferers are those who progressed the issue by campaigning on it and bringing it to MSPs' attention. Those people are represented in the gallery today.
There are, of course, members who have campaigned on the matter for some time. I pay tribute to Des McNulty and to my late colleague Margaret Ewing, who raised the matter on behalf of some of her constituents. However, in the gallery today is someone who stands head and shoulders above everyone else—quite literally. My wife had only ever seen Frank Maguire on the television, which of course gives us no sense of scale. She did not realise that Mr Maguire—a formidable legal intellect and a tremendous campaigner for the sufferers—is somebody under whose armpit I, at 5ft 11in, can comfortably walk. He is an interesting character. I never want to get on the wrong side of him.
A number of things have happened en route to the point that we have reached today. The Coulsfield procedures, which were mentioned earlier, were an excellent first step because they helped to resolve some of the sloth-like procedures of the civil courts and deliver some benefit. For every benefit in life, however, there is almost always a disbenefit. In this case it proved to be severe, so it is a privilege and pleasure to be one of those who is playing a small part in addressing that disbenefit.
We should commend the work that we have done on the matter today and in recent weeks as a case study that shows members in the next session of Parliament how they can deal with matters that are readily identified as not being party-politically contentious. The Justice 1 Committee and Parliament have dealt with the subject thoroughly and with a shared objective. They have the pleasure of sharing the outcome and the merit that derives from it.
At stage 1, I said that the "British Journal of Cancer" pinpoints how many people will suffer from mesothelioma. I will expand on what I said then. The journal suggests, on an epidemiological basis, that there will be some 90,000 deaths in the 80 or so years from 1968 to 2050. Perhaps my colleague Kenny MacAskill was only half right when he said in his opening remarks that only a few individuals are involved. At any point in time, the number of individuals involved is comparatively modest, but over the period in which we expect this terrible disease to affect people in our society, a significant number of people will be affected. We are all pleased to help those who are sufferers today, but we are also delivering an on-going benefit for the next 45 years and possibly longer. That will continue to reflect well on today's work. We support the bill.
It is good that we have found a way of pushing the boundaries a little and of introducing a degree of retrospection in respect of implementation of the legislation. It is also good that, in doing so, we have obtained the consent and support of all parties involved in the matter, including not only the sufferers but we parliamentarians. Let us note that we are but bit players in the matter. The people who have really brought deliverance to the sufferers are those who progressed the issue by campaigning on it and bringing it to MSPs' attention. Those people are represented in the gallery today.
There are, of course, members who have campaigned on the matter for some time. I pay tribute to Des McNulty and to my late colleague Margaret Ewing, who raised the matter on behalf of some of her constituents. However, in the gallery today is someone who stands head and shoulders above everyone else—quite literally. My wife had only ever seen Frank Maguire on the television, which of course gives us no sense of scale. She did not realise that Mr Maguire—a formidable legal intellect and a tremendous campaigner for the sufferers—is somebody under whose armpit I, at 5ft 11in, can comfortably walk. He is an interesting character. I never want to get on the wrong side of him.
A number of things have happened en route to the point that we have reached today. The Coulsfield procedures, which were mentioned earlier, were an excellent first step because they helped to resolve some of the sloth-like procedures of the civil courts and deliver some benefit. For every benefit in life, however, there is almost always a disbenefit. In this case it proved to be severe, so it is a privilege and pleasure to be one of those who is playing a small part in addressing that disbenefit.
We should commend the work that we have done on the matter today and in recent weeks as a case study that shows members in the next session of Parliament how they can deal with matters that are readily identified as not being party-politically contentious. The Justice 1 Committee and Parliament have dealt with the subject thoroughly and with a shared objective. They have the pleasure of sharing the outcome and the merit that derives from it.
At stage 1, I said that the "British Journal of Cancer" pinpoints how many people will suffer from mesothelioma. I will expand on what I said then. The journal suggests, on an epidemiological basis, that there will be some 90,000 deaths in the 80 or so years from 1968 to 2050. Perhaps my colleague Kenny MacAskill was only half right when he said in his opening remarks that only a few individuals are involved. At any point in time, the number of individuals involved is comparatively modest, but over the period in which we expect this terrible disease to affect people in our society, a significant number of people will be affected. We are all pleased to help those who are sufferers today, but we are also delivering an on-going benefit for the next 45 years and possibly longer. That will continue to reflect well on today's work. We support the bill.
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...