Press Release
16th November 2000
MSP Demands Justice for Asbestos Victims
Victims of mesothelioma throughout the country are being denied justice, the Scottish Parliament was told today.
In a private member’s debate on the issue, MSP for Greenock & Inverclyde, Duncan McNeil, outlined how the delaying tactics and sharp legal practices of insurance companies and employers are prolonging and frustrating the victims’ compensation claims.
Mr McNeil, a former shipyard worker and union official, said:
"Mesothelioma - a terminal cancer in the lining of the lung which is caused by exposure to asbestos - affects, unsurprisingly, many ex-shipyard workers and their families.
"It is a very aggressive and particularly painful form of cancer. There is no cure and its victim is dead within a year.
"It is a huge problem. It now affects more people than cervical cancer and the death toll will double by 2020.
"But, to add insult to injury, these cancer victims continue to be denied justice.
"I am not a legal expert. However, I do know that employers carried on exposing their workers to asbestos long after the dangers were known. Now, as a result, these workers are dying an agonising death. In my book, there’s a case to answer.
"Sadly, when the victims try to claim compensation through the courts, those defending the actions - the employers and their insurance companies - are prolonging the victims’ agony on spurious grounds.
"For example legal representatives of a mesothelioma victim may make detailed submissions regarding the circumstances in which he was exposed to asbestos. They would detail information such as in which shipyard he worked; the dates of his employment; what ships he worked on; and the names of his colleagues.
"The defenders, however, simply issue a response denying everything. They deny he was ever employed in the yard; they deny the existence of his colleagues; they deny they built ships. They even deny that the shipyard existed.
"What effect do you think is the effect of telling someone in the last months of their life that they never existed?
"It sounds ludicrous. But it is happening in Scotland in the 21st century.
"Spinning these cases out in such a manner indefensible. Indeed, I understand that a mesothelioma victim who was featured on a recent television programme died on Tuesday. His case was not scheduled to come to court until next April. Is this justice?
"To begin to move towards real justice for mesothelioma victims we need these cases to be resolved through the civil legal process as a matter of urgency and priority.
"We need to remove the obstacles which cause these delays and make it easier for these cases to be heard by juries not judges.
"We must also give these victims much needed short term assistance and review the powers of the Court to allow them to receive interim payments pending final resolution of the case.
"Today the Scottish Parliament has sent a strong message to those involved in these cases that we regard this sort of behaviour as totally unacceptable and I look forward to seeing justice being done."
Senior Welfare Rights Officer from Clydeside Action on Asbestos, Phyllis Craig, who watched the debate from the public gallery said:
"It is disgraceful that these cancer victims, who were exposed to asbestos through no fault of their own, continue to be subject to the delaying tactics of the defenders. In any other case this would be grounds for perjury."
ENDS
Notes:
In 1998 1328 men and 199 women in Britain died from mesothelioma.
The full text of the motion debated reads:
*S1M-1273# Compensation for Mesothelioma Sufferers - That the Parliament notes the plight of shipyard workers and their families who were exposed to asbestos, became ill and have now contracted mesothelioma; expresses concern over the length of time their compensation cases are taking to reach conclusion and the use of so-called "blanket denials" by the defenders, and notes that this practice victimises and denies justice to these cancer sufferers.
The motion was supported by 44 MSPs from across the chamber.
For the text of Mr McNeil’s speech, please see attached.
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