Scotland to adopt asbestos ruling

About 2,000 Clyde shipyard workers could have Mesothelioma

A loophole in the law which threatened to cut compensation for the victims of asbestos-related cancer could soon be closed in Scotland.

Last month Law Lords ruled that compensation to sufferers should be cut if responsibility could not be attached to a single employer.

The lord chancellor intends to amend the ruling in England and Wales.

The Scottish Executive is expected to announce plans for a Sewel motion or its own law on Thursday.

Hear an interview with lawyer Frank McGuire

The asbestos-related disease, Mesothelioma, is an incurable cancer affecting the lining of the lungs.

It kills about 1,900 people every year, and it is thought about 2,000 Clyde shipyard workers could have the condition.

We must put maximum pressure on the Scottish MSPs and the Scottish Executive to bring this in very quickly because people are dying of Mesothelioma right now

Frank McGuire
Thompsons Solicitors

Lawyer Frank McGuire, who represents asbestos victims in Scotland, said he was positive that the executive would act, following the lord chancellor's statement.

"I have every confidence they will because Des McNulty MSP had a motion condemning the judgement and an overwhelming number of MSPs agreed with him," he said.

"It's putting back the law where it was before the judgement."

Mr McGuire said a Holyrood member's bill, proposed by Labour MSP Des McNulty, aimed to close another loophole related to asbestos-related disease compensation.

He said as things stood sufferers and their families faced an "appalling dilemma".

They can opt to take their compensation while they are still alive, or leave it until after their death when their families might be able to claim a larger sum, he said.

Mr McGuire said Deputy Justice Minister Hugh Henry had sympathy for their cause and had pledged to either back the member's bill or bring in an executive bill.

He added: "We must put maximum pressure on the Scottish MSPs and the Scottish Executive to bring this in very quickly because people are dying of Mesothelioma right now."

Cross-party support

Mr McNulty said he was hopeful the cause would get executive backing.

"I've had tremendous support from my own party and from other parties within the Scottish Parliament in taking this forward," he said.

"I think people really believe this is a moral issue.

"We really must do the right thing by these people and I think the Scottish Parliament will do so and I'm hopeful that the Scottish Executive will facilitate that."