This item was published during the term of a previous administration that ended in April 2007
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Parliament passes Damages Bill
21/03/2007
Mesothelioma sufferers will no longer be inhibited from seeking compensation after the Parliament today passed the Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill.
Previously, sufferers of mesothelioma, an asbestos-related cancer, faced the distressing dilemma of either settling their damages claim while alive or not settling their claim before death so relatives could claim greater awards.
Most sufferers do not claim themselves so as not to disadvantage their families.
The Bill remedies that situation by allowing the immediate family to claim damages for grief and suffering even if the deceased settled their own claim while alive.
An Executive amendment to the bill, introduced on December 20 last year, also means that mesothelioma sufferers could, from that date, proceed with their own claim in the knowledge that their families would not be disadvantaged.
Deputy Justice Minister Johann Lamont said:
"Mesothelioma is a devastating disease - a cancer for which there is no cure. It can develop many years after exposure to asbestos and when it does, can kill fast.
"This bill, which the Parliament passed today, will free people inflicted with this disease from the distressing choice of receiving compensation themselves or allowing their relatives to benefit from greater awards after their death.
"It will ensure that when mesothelioma strikes, families receive the support they need and are not further burdened with legal choices."
Harry McCluskey, secretary of Clydeside Action on Asbestos, said:
"This will go a long way in easing the pressure on those terminally ill with mesothelioma. Now people with this horrendous condition can settle their claims for compensation in life and have the security of knowing that their family can succeed in pursuing damages for their loss and grief once they have passed on.
"As the charity who assists with the majority of mesothelioma cases we would like to take the opportunity of thanking Justice 1 committee, and all of the MSPs who have shown their support throughout this campaign; they have been instrumental is bringing about this change."
Ian Babbs, Chair of Asbestos Action (Tayside), said:
"Asbestos Action (Tayside) welcome this new bill as a great leap forward in securing justice for sufferers of mesothelioma and their relatives. The passing of this bill is a great example of the way in which Scottish Parliament can work.
"The cooperation of the MSPs of all parties for the good of their constituents is a triumph for democracy. A wrong was highlighted, acknowledged and put right without party politics getting in the way and everyone should feel very proud at the accomplishment."
The Bill amends section 1(2) of the Damages (Scotland) Act 1976 so that relatives' claims for damages for non-patrimonial (non-financial) loss are not extinguished by a person with mesothelioma settling their own claim while still alive.