Mesothelioma causes damage to the lungs

Victims of mesothelioma currently have to choose between claiming for damages or allowing their relatives to lodge a bigger claim after their death.

The executive said most choose to wait for the sake of their families.

It has published draft legislation to rectify the situation. The move was welcomed by campaigners and unions.

Mesothelioma is a form of cancer that attacks the lining of the lungs - and the only known cause in the UK is exposure to asbestos.

We are determined to do all we can to minimise the distress this problem causes to sufferers and their families Hugh Henry Deputy Justice Minister

The Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill amends the 1976 Damages (Scotland) Act so that immediate family claims for non-financial loss are not blocked if a victim settles their own claim while still alive.

The development has been welcomed by their lawyers, unions and asbestosis campaigners as a "milestone".

The legislation follows a consultation which ran in July and August.

Deputy Justice MInister Hugh Henry said: "This is a terrible disease and the number of known cases is rising.

"There are now over 1,900 cases a year in Great Britain.

"We are determined to do all we can to minimise the distress this problem causes to sufferers and their families."

'Distressing choice'

He said the executive recognised that current compensation arrangements were causing worry for families at an extremely difficult time.

"This legislation will free sufferers from the distressing choice between receiving compensation and allowing their relatives to benefit from greater awards," he added.

Scottish TUC assistant secretary Ian Tasker said: "The current situation which compelled victims to choose to take compensation in life and deny their family financial security following their deaths was absurd.