Victims of several asbestos-related conditions will benefit from Scottish legislation allowing them to claim damages, even if they do not suffer ill health as a result, Kenny MacAskill, the Justice Secretary, said yesterday.
People with pleural plaques, asymptomatic asbestosis or pleural thickening will be able to seek compensation if they have been negligently exposed to asbestos, under a proposed bill published by the Scottish Government.
None of the three conditions directly cause ill health - though they are a sign of exposure to asbestos and often a precursor to more debilitating illnesses.
In October last year, the House of Lords ruled that symptomless pleural plaques would not be actionable under the law of damages, overturning 20 years of case law and sparking outrage from asbestos campaigners and politicians.
Mr MacAskill said the Scottish legislation, which was announced in November last year, would overturn the previous House of Lords ruling.
He said: "It is right and proper that we should not turn our backs on those who contributed to our nation's wealth in the past."
Although the original ruling related to pleural plaques, the proposed Scottish legislation includes asymptomatic asbestosis and pleural thickening - which, unlike pleural plaques, are usually progressive and lead to impairment - to avoid a "narrow interpretation of the case".
The move was welcomed last night by asbestos campaign groups.
Harry McCluskey, secretary of Clydeside Action on Asbestos, said: "We are delighted with the news that the Justice Secretary Kenny MacAskill will incorporate pleural thickening and asbestosis within the pleural plaque bill.
"This will allow those people with any asbestos related disease to continue to have the legal right to pursue civil damages.
Mr McCluskey added "This charity would like to take the opportunity of thanking Mr MacAskill, and all those who supported the introduction of the bill on behalf of all sufferers throughout Scotland."
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