Dodds recommends law change for pleural plaques compensation

Finance and Personnel Minister Nigel Dodds is to recommend a change to the law which will allow people with pleural plaques to claim compensation.

Pleural plaques are small areas of scarring on the lungs which are benign, but are an indicator of exposure to asbestos. Although they do not cause or develop into a more serious asbestos-related condition, they can signify an increased risk of developing such a condition.

The change to the law would mean that people who have been negligently exposed to asbestos, most often through their work and have been diagnosed with pleural plaques, will be able to seek compensation through the courts.

Mr Dodds said: "We now know just how dangerous asbestos is, but for many years it was used in a range of commercial products, and even in buildings, because of its resistance to heat. Many people who have been exposed to asbestos, usually through their work, have gone on to develop conditions because of that exposure.”

One of the most common conditions is pleural plaques, which is effectively a scarring of the lungs. However, as the law stands, a person cannot usually claim compensation for pleural plaques.

The Department of Finance and Personnel has consulted on the issues relating to the condition. The Minister has heard individual testimonies about the high level of anxiety associated with a diagnosis of pleural plaques and the suffering which comes from the loss of friends and colleagues to asbestos-related diseases.

The Minister said: “Having heard those testimonies, I have decided to recommend a change to the law to allow those who have been negligently exposed to asbestos and who have been diagnosed with pleural plaques, to claim compensation.

“Clearly, we cannot turn back the clock in terms of preventing exposure to asbestos, but we can ensure that the consequences of the exposure are acknowledged and addressed. In my view, it is only just and fair that people with pleural plaques, who are ordinary, decent, hard-working people and who may be in advanced years, should be able to call to account the people who are responsible for exposing them to asbestos.

“I hope the right to claim through the courts will provide some relief to those who, through no fault of their own, are living with this condition and that it will go some way toward reducing their distress.”

Notes to Editors:

1. For many years, people with pleural plaques could claim compensation. However, on 17 October 2007 the House of Lords gave a ruling which effectively bars any such claims being brought to court.
2. The ruling was welcomed by the insurance industry, which had been meeting most of the claims for compensation. However, it was heavily criticised by groups which support people with asbestos-related conditions.
3. On 13 October 2008, the Department of Finance and Personnel issued a consultation paper which invited views on a number of options, including a no-fault payment scheme and legislative change. The consultation ran until 12 January 2009 and the Department will be publishing a summary of the responses received. The consultation paper is available on the Department of Finance and Personnel’s website.
4. The Ministry of Justice in England and Wales also issued a consultation paper and its consultation period concluded on 1 October 2008. No announcement on future policy direction has been made. However, Andrew Dismore, MP, has introduced a Private Members Bill, the Damages (Asbestos-Related Conditions) Bill, which would reinstate a claim to compensation. The Bill has reached Committee stage in the House of Commons.
5. Scotland has already legislated to ensure the House of Lords’ ruling does not have effect in Scotland. The Damages (Asbestos-related Conditions) (Scotland) Act 2009, which was made on 17 April 2009, also covers symptomless asbestosis and pleural thickening. The Act is currently the subject of a legal challenge, which was initiated by a number of insurance companies. However, the courts in Scotland have twice refused a request from the companies to prevent the legislation taking effect prior to the conclusion of the legal challenge. Accordingly, the Act came into effect, as planned, on 17 June 2009.
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