UCATT Disappointed at Government’s Decision To Abandon Pleural Plaques Victims

Construction union UCATT has expressed disappointment that the Government have confirmed that the majority of pleural plaques victims in England and Wales will not receive compensation.

Justice Secretary Jack Straw confirmed today (Thursday 25^th February) that the Government would only compensate (through an ex-gratia payment of £5,000) pleural plaques victims, who had lodged a legal case prior to a Law Lords decision in 2007 to bar compensation.

Pleural plaques sufferers who had not previously lodged a legal case or people who develop pleural plaques in the future will not be able to claim compensation.

The Government’s decision is in stark contrast to the situation in Scotland where the Scottish Parliament has already legislated to overturn the Law Lords decision. Ministers in the Northern Ireland Assembly have also pledged to overturn the ban on compensation for plaques sufferers under their jurisdiction.

Alan Ritchie, General Secretary of UCATT, 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.”

However the Government has simultaneously announced several welcome separate developments on asbestos issues.

Mr Straw announced that the Government would help fund a National Centre for Asbestos Related Disease (NCARD), establishing a register for workers exposed to asbestos, speed up compensation claims and increase up front payments for victims of mesothelioma and he renewed the Government’s commitment to establish an Employment Liability Insurance Bureau ((ELIB) and a tracing service to assist asbestos victims track down their employer’s insurance liability policies.”

Mr Ritchie, added: “UCATT has championed and campaigned for greater assistance for people with asbestos conditions for decades. While the Government’s announcements in these areas are extremely welcome, they are separate from the issue of pleural plaques.”

UCATT strongly disagrees with the Justice Secretary’s reliance on medical evidence provided by the Chief Medical Officer and the Industrial Injuries Advisory Council (IIAC). The Chief Medical Officer’s Report was produced by Professor Robert Maynard, an expert in air pollution, who has admitted he had not met any pleural plaques victims.

The report produced by the IIAC was solely about whether pleural plaques should become part of the Government’s Industrial Injuries Compensation Scheme and specifically stated that it should not be “construed” as forming an opinion on the future of civil litigation in pleural plaques cases.

Despite the Government’s announcement UCATT remains committed to continuing to campaign for justice for pleural plaques sufferers.

Mr Ritchie, further 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.”

For Further information contact Barckley Sumner on 0780 2329235

UCATT represents 125,000 members employed in the construction industry throughout the United Kingdom and the Republic of Ireland

Note to Editors: Pleural plaques are scarring of the lungs caused by heavy and prolonged exposure to asbestos. Victims develop some physical symptoms and often also develop severe mental trauma. Pleural plaques victims have a greatly increased possibility of developing the incurable lung cancer mesothelioma.

In October 2007 the Law Lords overturned over 20 years of civil law and ruled that pleural plaques could no longer be compensated.