Joint Union Asbestos Committee

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The government has admitted that a 2010 act designed to help people gain compensation for industrial diseases is unlikely to be implemented until 2013.

The Third Parties (Rights Against Insurers) Act was pushed through two years ago to update legislation dating from 1930. It gave claimants, including those suffering from asbestos-related diseases such as mesothelioma, the right to proceed against an insurer directly without having to re-establish a defunct former employer.

The act is one of several Law Commission proposals effectively to have been shelved, a Ministry of Justice report reveals.

Justice secretary Kenneth Clarke said it was ‘unlikely’ the Third Parties Act would commence until 2013 due to work on ‘other priorities’.

Shadow justice minister Andy Slaughter told the Gazette that Clarke should urgently explain ‘this unconscionable delay’.

He said: ‘Alongside the legal aid bill, this is yet another example of the government favouring the interests of insurers over those of victims.’

The Association of Personal Injury Lawyers said victims of asbestos-related disease have been waiting for reform since the Law Commission started looking at the issue in 1998.

A spokesman said: ‘The provision in the 2010 act for claimants to have the right to seek compensation directly from insurers, without having to resurrect the defunct companies of negligent employers, would make a huge difference to people suffering from long-latency diseases.’

The Health and Safety Executive says male deaths from mesothelioma will peak this year at 1,860. This means that more than 3,000 people are likely to have died from the disease in the time taken to pass the Third Parties Act.

The act is one of 18 Law Commission projects to have stalled under the current government, the MoJ report reveals. A further two, concerning intoxication and criminal liability and the illegality defence, have been dropped altogether.

Clarke said progress is being made on further implementations and that the government ‘continues to hold the excellent work of the Law Commission in very high regard’.

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Response to Consultation on Revised School Premises Regulations

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The All-Party Parliamentary Group on Occupational Safety and Health says the presence of lethal dust fibres in school buildings is a “national scandal”

A report by the All-Party Parliamentary Group on Occupational Safety and Health has exposed the level of danger from asbestos in Britain’s schools.

In launching the report, Jim Sheridan MP, Chair of the All-Party Group said “This is a national scandal. Urgent action is needed to prevent more pupils, teachers and other staff being exposed to this deadly killer dust. We need both far greater awareness of the risks that this material poses and a programme for its phased removal.”

The All-Party Parliamentary Group on Occupational Safety and Health report highlights the case for urgent action. It not only outlines the problem but makes six clear and simple recommendations about how we can prevent future exposure in our schools.

The All-Party Group recommends that:

• The Government should set a programme for the phased removal of asbestos from all schools, with priority being given to those schools where the asbestos is considered to be most dangerous or damaged.
• Standards in asbestos training should be set and the training should be mandatory. The training should be properly funded. It is recommended that the DfE and HSE jointly develop asbestos guidance specifically for schools and that current standards be reviewed.
• A policy of openness should be adopted. Parents, teachers and support staff should be annually updated on the presence of asbestos in their schools and the measures that are being taken to manage it.
• Pro-active inspections to determine the standards of asbestos management should be reinstated, with a view to reducing future costs.
• Data should be collected centrally on the extent, type and condition of asbestos in schools and this becomes an integral part of the data collection of the condition of the nation’s schools.

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Contacts:
Michael Lees
Email: ml@asbestosexposureschools
Mob: 07910947362
Tel: 01409241496 (Not available before 1 February 1630)

Richard Fraser
Press Officer Voice
Email: pressoffice@voicetheunion.org.uk
Tel: 01332 372337