Government accused of 'abandoning' asbestos victims

The Government was today accused of "abandoning" tens of thousands of workers suffering from an asbestos-related disease after ministers decided not to overturn a legal ruling affecting compensation payments.

Justice Secretary Jack Straw announced that he would not change a Law Lords ruling that prevents sufferers of pleural plaques - a scarring of the lungs caused by exposure to asbestos - claiming compensation.

Sufferers of the condition were denied compensation following a House of Lords ruling in 2007, and the Government has been consulting on whether to overturning the ruling.

Mr Straw said today that on the basis of medical evidence received during the consultation, the Government was unable to conclude that the Law Lords decision should be changed or that an open-ended compensation scheme should be set up.

The minister announced that people who had already started a legal claim for compensation will be given a £5,000 payment, which campaigners estimated would affect 6,000 people.

The construction workers' union Ucatt accused the Government of "abandoning" sufferers and estimated that tens of thousands of workers will miss out on compensation.

It also complained that workers in England and Wales would miss out, while those in Scotland were not covered by the Law Lords ruling.

General secretary Alan Ritchie said: "The Government's decision is disappointing - most pleural plaques victims are being abandoned. It is simply wrong that an accident of geography will mean that pleural plaques victims in England and Wales will be barred from receiving compensation but those in Scotland will be free to claim full compensation."

The union said it "strongly disagreed" with the Justice Secretary's reliance on medical evidence provided by the Chief Medical Officer and the Industrial Injuries Advisory Council.

Mr Ritchie added: "Pleural plaques victims will not disappear. Ucatt believes that all pleural plaques sufferers deserve justice. Sadly that was not achieved today. The campaign must continue so that justice will be achieved in the future."

Ian McFall, head of asbestos policy at Thompsons Solicitors, said: "On behalf of our clients we are disappointed the Government has decided not to overturn the House of Lords judgment although we recognise that at least some people with pleural plaques will get something."

Campaigners welcomed an announcement to commit £3 million towards a National Centre for Asbestos Related Disease, and plans to look into the establishment of an Employers Liability Insurance Bureau as a fund of last resort to compensate injured workers where the employer has ceased trading and the insurer cannot be found.

Nick Starling, the Association of British Insurers' director of general insurance and health, said: "The Government's decision not to reverse the House of Lords ruling is the right one. The House of Lords judgment reflects medical evidence that plaques are symptomless, have no impact on health, and do not develop into asbestos-related diseases, like mesothelioma.

"It also upholds the fundamental legal principle that compensation is payable when someone suffers symptoms following negligence, but not for exposure to a risk alone.

"Insurers remain determined to ensure that all those entitled to compensation receive it. We commend the Government's efforts to increase help to those suffering from mesothelioma.

"Last year alone, insurers paid out over £100 million to mesothelioma sufferers, but it is unacceptable that it takes up to two years for these claims to work through the compensation system.

"We are pleased that the Government is setting up a working group to review the system, and hope that it will deliver real results.

"Insurers also support the Government's aim to provide more research into asbestos-related diseases, and will be contributing £3 million to help them to fund that research."

TUC general secretary Brendan Barber said: "Although the decision to make payments to people with pleural plaques who had put in claims before the House of Lords judgment in 2007 is welcome, we are disappointed the Government hasn't chosen to reverse the ruling.

"However the other measures announced will be of real benefit to those who develop a disease as a result of exposure to asbestos. Proposals for the better tracing of insurers, extra financial support for those with mesothelioma and the commitment to increased funding for research into asbestos-related diseases will help make a real difference.

"The creation of an Employers' Liability Insurance Bureau will mean all those who contract an asbestos-related disease as a result of their employers' negligence will be able to get the compensation they are entitled to, even where they cannot trace their former employers'
insurer.

"Despite the good news, the decision not to compensate those with future claims for pleural plaques by not reversing the House of Lords decision which ended compensation payouts will be a blow to the many workers who have been exposed to asbestos in the past. We will continue to campaign for a change in the law."