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Plenary, 11 Mar 2009

11 Mar 2009 · S3 · Plenary

Item of business

Damages (Asbestos-related Conditions) (Scotland) Bill

McMillan, Stuart SNP West of Scotland Watch on SPTV

I expect an element of justice to be reinstated for the people of Scotland shortly after 5 pm this evening. I expect the Damages (Asbestos-related Conditions) (Scotland) (Bill) to be passed by the Parliament, which will once again send a message to Scotland and elsewhere that the Scottish Parliament is prepared to act in the interests of the people of this country.

I will take particular pleasure in casting my vote this evening because I have been involved in moving the campaign and the bill forward since before the bill was introduced to Parliament. Shortly after I was elected, Councillor Kenny MacLaren of Renfrewshire Council arranged for me to meet Phyllis Craig of Clydeside Action on Asbestos. The impending House of Lords decision and its ramifications for sufferers of pleural plaques was explained to me and I was asked to assist. With the help of Councillor MacLaren, we started to put the wheels in motion.

I offered to introduce the draft bill as a member's bill, but we agreed to try first to convince the Scottish Government to introduce the bill, as that would guarantee it speedier progress through the Parliament. Thankfully, the meetings between Clydeside Action on Asbestos, Frank Maguire of Thompsons Solicitors and the Scottish Government were successful. Gil Paterson, Bill Kidd and I invited Phyllis Craig and Frank Maguire to the Scottish National Party conference in 2007 to lobby all and sundry. I do not think that many SNP MSPs left the conference without meeting them and realising what pleural plaques were and what the implications of the House of Lords decision would be. When I was informed that the Scottish Government was to introduce the bill, I was delighted, but I realised that there was still a lot more to do.

During the early stages of the bill, when I was a member of the Justice Committee, it was obvious that there was unanimous cross-party support for the bill. It was also obvious that there was a sense of injustice, and that the committee could do something about it. I am proud of the scrutiny that we gave the bill and of the report that we published.

At this point, I pay tribute to the members of the Justice Committee for their work in scrutinising the bill. I was, of course, disappointed to hear Bill Aitken's comments. I respect the fact that he queried the financial aspects of the bill throughout the committee process, but I take this opportunity to urge the Conservatives to change their decision. I advise them not to paint themselves as they were in the 1980s, which is what they will do if they vote against the bill this evening.

I was born in Barrow-in-Furness in England, but I grew up in Port Glasgow, as my parents decided to return to the town. My father was a coppersmith and worked in the shipyards, as did many other family members. Health and safety conditions in the yards were not as stringent as they are now, and some of the raw materials that were used then would not be used now—the main one, obviously, being asbestos.

If I were given a pound for every story that I have heard about the white mice—not only in the past but since I have been involved in campaigning with Clydeside Action on Asbestos—I would be a wealthy man. The stories shocked me, but I was shocked even more by those about women contracting asbestos-related conditions as a result of shaking their husbands' overalls before washing them. That brought home to me just how potent and dangerous asbestos is, and how indiscriminate it can be. It can affect the whole population.

I am pleased that the Scottish Government and the Scottish Parliament have listened to the arguments. I am sure that the vast majority of the people of Scotland will support the decision that we make on the bill. I know that they will support us in doing the right thing tonight, just as they supported us when we did the right thing two weeks ago and voted for Jackie Baillie's Disabled Persons' Parking Places (Scotland) Bill.

During Bill Kidd's recent members' business debate on action mesothelioma day, I urged the insurance industry to work in tandem with organisations such as Clydeside Action on Asbestos and the Clydebank Asbestos Group, instead of fighting claims at every single turn. Today, I again ask the insurance industry to be proactive in moving this issue forward and not to challenge the will of the Parliament in the courts, as the media has reported might happen. If we pass the bill, there is no reason whatsoever for the insurance industry to mount a legal challenge to the will of the Parliament.

Before I close, I welcome to the public gallery representatives of Clydeside Action on Asbestos, particularly Phyllis Craig, who is a rock for the charity; Frank Maguire of Thompsons Solicitors; representatives of Clydebank Asbestos Group; and Councillor Kenny MacLaren. Their hard work will be rewarded. More important, I want to welcome all those in the public gallery who suffer from pleural plaques and other asbestos-related conditions. Today is about allowing them the opportunity to obtain an apology for their condition—a condition that was contracted because they went to work and someone else neglected health and safety regulations. Today is about them being able to move on with their lives. Most important, today is about them obtaining justice—justice that they deserve. Part of Scotland's industrial legacy will be put right today.

I urge the Parliament to vote with one voice and unanimously back this bill.

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Plenary, 11 Mar 2009

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