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Construction union UCATT have given a cautious welcome to the Government’s commitment to examine a recent decision of the Law Lords that asbestos campaigners have labelled a “travesty of justice”.
In October the Law Lords ruled that suffers of pleural plaques would no longer be eligible for compensation. Pleural plaques are scarring of the lungs. Many of those diagnosed later develop the fatal lung cancer mesothelioma or other asbestos related diseases.
Although in most cases pleural plaques are symptomless, such a diagnosis is extremely psychologically damaging. While it is possible to contract mesothelioma from inhaling a single strand, pleural plaques only develop through prolonged, heavy exposure to asbestos.
The issue of the Government overturning the Law Lords decision was raised in the House of Commons yesterday (December 3) by Michael Clapham chair of the UCATT group of MPs.
Mr Clapham supported by many Labour colleagues won a commitment that the issue would be closely examined. James Plaskitt the Parliamentary under Secretary of State at the Department of Work and Pensions, said: “We want to consider the ruling of the court and we need to see what happens as the issue is debated in the Scottish Parliament.”
The possibility that the Scottish Parliament, (which has it own legal system) may overturn the Law Lords is placing further pressure on the Government to act. There is the possibility that people diagnosed with pleural plaques north of the border would be entitled to compensation, while those in England would be denied this right.
Alan Ritchie, General Secretary of UCATT, said: “The Government commitment to look at this issue should be given a cautious welcome. However every day this ruling goes unchallenged, will mean that more people will be undiagnosed and uncompensated for industrial injuries sustained needlessly. Victims of pleural plaques like all asbestos sufferers deserve justice.”
The decision over pleural plaques compensation is particularly important. If the victim then develops mesothelioma, the legal process will have already have been put in place, meaning they are more likely to receive compensation for the fatal disease before they die.