A Fife asbestos campaigner who is standing as a candidate in the Scottish Parliament elections has welcomed a Court of Session ruling on compensation claims.
The act was brought in by the Scottish Parliament in response to contradictory legislation brought in south of the border. In 2007, the House of Lords had ruled that pleural plaques caused no harm and were not actionable.
Insurers told the Scottish Parliament’s justice committee the legislation could cost them £1.1 billion to £8.6 billion.
The Scottish Government put forward much lower figures estimating the anticipated costs at up to £20 million for existing cases with annual costs peaking at a maximum of £16.5 million in 2015 before decreasing.
Insurance firms went to court seeking to have the legislation declared unlawful and to have it set aside.
They maintained that it was irrational and infringed their right under the European Convention on Human Rights (ECHR) to peaceful enjoyment of their possessions-capital resources.
Richard Keen QC, for the insurers, argued the legislation was irrational because it involved the “giving of money to individuals with a benign and asymptomatic condition.”
But Lord Hamilton, who heard the appeal with Lord Eassie and Lord Hardie, said, “But decisions of that kind-the conferring of benefits on those who are perceived to be deserving and the manner of funding such benefits are essentially political questions which…a court cannot and should not enter upon.
“If they are ill-conceived it is for parliament to think again or conceivably for the United Kingdom parliament to trump.
“Even if irrationality were a sufficient basis on which to challenge the validity of an enactment of the Scottish Parliament (which in our view it is not) we consider that it has not been demonstrated that the 2009 act was irrational.”
Lord Hamilton said they considered the legislation did amount to an interference with the property of the insurers, but the important question was whether that may be justified in the public interest.
Firms Axa, Aviva, Royal & Sun Alliance and Zurich Insurance had challenged the Damages (Asbestos-related Conditions) (Scotland) Act 2009 at the Court of Session in Edinburgh, but the appeal was thrown out by Lord Emslie.
John Park, Labour candidate for Mid Scotland and Fife, said the decision was proof that insurance firms should not have tried to overturn Scottish legislation allowing people with pleural plaques after asbestos exposure to claim for compensation.
Mr Park, who is a former Rosyth dockyard worker, said, “I’m pleased this judgment has been made and I think it accurately reflects the move by insurance companies to overturn the will of the Scottish Parliament was wrong.
“It is good news for all those across Scotland who have had to suffer the trauma of being told they have pleural plaques and will now rightly be able to pursue damages.
“Over the next 10 years there will be many former workers in Fife who will suffer from asbestos-related conditions without any hope of a recovery.
“That is why, in my view, the next Scottish Government and the insurance companies should work with health professionals to ensure that research to alleviate pain and suffering of those with asbestos-related conditions is a priority over the coming years.”Related health problemsNews of the judgment was also welcomed in Tayside where hundreds of people suffer from asbestos-related health problems. The Asbestos Action Tayside charity group, based in Panmure Street in Dundee, has 320 members.
It assists those living with various ailments, some of which are life-threatening, as well as offering advice about a variety of government benefits already in place to improve the quality of life for those suffering from asbestos poisoning.
Asbestos Action Tayside manager Alison Blake, who strongly believes compensation should be paid to those whose lives have been damaged by the harmful material, said she was delighted with the judgment, adding it was another hurdle crossed.
She said, “We are now waiting to find out if the insurance companies appeal and go to the High Court with this, I think they have 14 days to make that decision. So we will have to wait and see if that ends up being the case.
“It could mean that we have another year to wait before a final decision is made. We are obviously hopeful that it will eventually go through and will give people suffering from asbestos poisoning what they deserve.”
The not-for-profit organisation was established to provide practical support and advice to those with asbestos poisoning.
It aims to ensure there is a service in the east of Scotland to respond to queries that anyone with an asbestos condition may have.
Photo used under Creative Commons licence courtesy of Flickr user steakpinball.