Asbestos-related Lung Cancer: Compensation Act 2006

Opened the debate

The MP raised the issue of an injustice in how the law treats victims of asbestos-related diseases, particularly lung cancer, under the Compensation Act 2006. He highlighted that although asbestos has been banned for over 25 years, it continues to cause thousands of deaths annually. West Dunbartonshire is among Europe's worst hotspots with over 340 deaths since 1980 due to asbestos exposure. The MP emphasised the historical context and impact on his constituency, noting the shipbuilding industry’s legacy in Clydebank, Dumbarton, and surrounding areas that exposed many workers to asbestos without adequate protection. He explained legal background and recent rulings affecting compensation claims for mesothelioma, urging a review of section 3 to support lung cancer sufferers equally.

Government Response

The Minister thanked Douglas McAllister for raising the issue and praised his advocacy. She explained the legal complexities around causation in negligence cases involving asbestos exposure and the distinction between divisible and indivisible injuries. The Compensation Act 2006 was highlighted as a response to judicial rulings that affected compensation claims, particularly for mesothelioma victims. However, the Minister indicated that current law does not extend similar protections to asbestos-related lung cancer sufferers due to different legal interpretations. She assured continued support through industrial injuries disablement benefit and noted ongoing Scottish Government plans to replace this with employment injury assistance. While acknowledging the complexity of the issue, she committed to discussing potential reviews or developments in the law with relevant stakeholders.