The CWU has welcomed the fact that a Private Members Bill, which is seeking justice for pleural plaques sufferers, has cleared its first Commons hurdle.

The Damages (Asbestos-Related Conditions) Bill which was tabled by Labour MP Andrew Dismore has passed its second reading in the House of Commons and after a short debate on Friday 24th April, the Bill was given an unopposed Second Reading. The Bill will now proceed to committee stage for detailed consideration.

CWU National Health and Safety Officer Dave Joyce said: “It's certainly good news that the Bill is progressing through Parliament and it underlines the strength of feeling there is on this issue. However all the Unions involved and the TUC agree that we shouldn't be relying on a Private Members Bill to resolve such a serious situation.”

Pleural plaques are scarring of the lungs caused by heavy and prolonged exposure to Asbestos. Victims suffer some physical symptoms but often experience high levels of mental distress. Pleural plaques victims have a greatly increased chance of developing the incurable lung cancer mesothelioma.

In October 2007 the Law Lords ruled that pleural plaques should no longer be compensatable as there was no legal basis for such claims. Prior to that ruling, it had been the case that for over 20 years that individuals diagnosed with pleural plaques have been able to claim damages from employers who negligently exposed them to asbestos at work. Since then Trade Unions including CWU, UCATT, GMB and others as well as asbestos campaign groups have been campaigning to get the Law Lords decision overturned.

Following a great deal of pressure the Government held a consultation on the issue last summer. The Government was due to respond to the consultation last November but their response and decision has been delayed but the Union has been told an announcement is expected soon on how the issue of pleural plaques should be resolved with regard to the law of England and Wales.

While responding to Mr Dismore’s Bill, junior Justice Minister David Hanson, confirmed that the Government was “looking at legislative redress” on the matter.

Although the Conservatives decided not to vote against Mr Dismore’s Bill or talk it out, they showed a high level of scepticism to its intentions. Eleanor Laing MP, the Conservative’s shadow justice minister, described pleural plaques as a “benign condition”.

Dave Joyce commented “It's outrageous for the Tories to describe pleural plaques as benign. Workers have had their health affected through no fault of their own. They face the daily dread of not knowing whether they will develop a far worse Asbestos related killer disease. Such comments demonstrate how far out of touch the Conservatives are from the lives of ordinary workers and give a clear but worrying indication of the type of Government we would have should they ever win a General Election. Asbestos - the hidden killer continues to stalk the land. The UK mesothelioma death rate is now the highest in the world. More than 2,100 people are diagnosed with mesothelioma in the UK each year. The total annual death toll is 4000 asbestos-related deaths a year.”

The Scottish Parliament has already passed legislation to overturn the Law Lords decision north of the border. The Damages (Asbestos-related conditions) (Scotland) Bill which was passed on 11th March, effectively reverses the 2007 ruling of the House of Lords. The new law comes into force on a date to be confirmed. However the Insurance industry have launched a judicial review in an attempt to overturn the law.

Andrew Dismore, Labour MP for Hendon, said after the debate that he was very pleased to see that progress at last is being made on the issue of pleural plaques. This is a serious condition, which at present goes uncompensated, due to the now infamous decision of the House of Lords in 2007. Whilst there is still a long way to go before my the Dismore Bill becomes law, this is an important first step in redressing this important issue. Those who suffer from pleural plaques need not just sympathy, but justice, and it's certainly hoped that the Dismore Bill will provide a vehicle to achieve this. The next stage is that the Bill will go into committee for detailed consideration, but Andrew Dismore is optimistic and confident that progress will be made.

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