Pleural plaques are small localised areas of fibrosis found within the pleura of the lung, caused by asbestos exposure.
The paper considers what is the most appropriate way of supporting people diagnosed with pleural plaques, following the House of Lords’ decision in October 2007 that pleural plaques are not actionable or compensatable damage.
Urging the Northern Ireland public to respond fully Mr Dodds said:
“This consultation paper deals with an important ruling regarding the law of negligence. My Department is keen to engage with as many people as possible, with a view to gathering information on the issues and agreeing the way forward. We would therefore welcome submissions from anyone who has an interest in, or is affected by, pleural plaques.”
The consultation will examine a number of issues, for example:
- improving understanding of pleural plaques;
- providing support and reassurance to those who have been diagnosed with the condition; and
- inviting views on changes to the law of negligence or the merits of offering no fault financial support to people diagnosed with pleural plaques.
The closing date for consultation is 13 January 2009 and views from members of the public and professional or voluntary organisations are welcome.
Notes to Editors:
- On 17 October 2007 the House of Lords unanimously ruled, in Johnston v NEI International Combustion Ltd and conjoined cases, that the existence of symptomless pleural plaques does not constitute actionable or compensatable damage.
- Earlier decisions had established that it was possible for damages to be awarded for negligent exposure to asbestos which had led to the presence of symptomless pleural plaques. However, following the decision in the Johnston case, this is no longer possible.
- The ruling has prompted much debate, with some arguing that the ruling is unjust and should be overturned and others arguing that legislative amendment would undermine the law of negligence and possibly breach the European Convention on Human Rights.
- Scotland has introduced the Damages (Asbestos-related Conditions) (Scotland) Bill which, if made, will re-establish asbestos-related pleural plaques as an actionable personal injury. The Bill also covers symptomless asbestosis and pleural thickening, thereby removing any suggestion that the reasoning in the Johnston case could be extended to those conditions.
- The Ministry of Justice in England and Wales issued a consultation paper on 9 July 2008 inviting views on the issues. The paper states that the UK Government considers that there would need to be very strong reasons to interfere with the Law Lords’ decision.
- The publication of the Department of Finance and Personnel’s consultation paper follows on from an earlier announcement from the then Minister, the Rt Hon Peter Robinson MP MLA, that the Department would consult on the issues.
- The paper is available on the Department of Finance and Personnel’s website at: www.dfpni.gov.uk/pleural-plaques-consultation.htm
- Media enquiries only to DFP Press Office on 028 9052 7644 or 028 9052 7375. Out of office hours please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.
