Pleural Plaques
The condition of Pleural Plaques is a scarring of the lungs, caused by inhaling asbestos fibres. Unfortunately, Plymouth and the surrounding area is a particular hotspot for pleural plaques and asbestos related diseases, principally related to work at the Dockyard. Other areas are particularly affected such as the North-East because of the region’s history of shipbuilding and other heavy industry.
I work with other MP’s from such areas on the All-Party Parliamentary Group on Health and Occupational Safety, which has a sub committee campaigning about pleural plaques and associated asbestos issues.
I was also involved with the launch of the Roger Lowe Prospect Trade Union campaign – the launch took place at the Stonehouse Creek Community Centre. Sadly, Roger died in December 2005 having been diagnosed with the aggressive asbestos related disease of mesothelioma – Roger was a member of the Prospect Union. Mesothelioma is a relatively rare form of cancer which affects the lining of the chest (the pleura) and less commonly the abdomen (the peritoneum). The cause is exposure to asbestos earlier in life. You can view Roger’s story here where you will also find a lot of good information and advice.
I have summarised the background of how we arrived at the present position below:-
The most hopeful thing now is the Private Member’s Bill Damages (Asbestos related Diseases) brought forward by Andrew Dismore (Labour MP for Hendon). I supported this when it came before us in the House on Friday 24th April 2009. The Bill seeks to overturn the Law Lords ruling on the issue of compensation for sufferers of an industrial lung disease which would recognise pleural plaques as a compensatable illness. The Bill was given an unopposed Second Reading. Justice Minister, David Hanson, stated that he had concerns with some aspects of the Bill but did not block it, so the issues could be explored in committee, which I hope to serve on.
I will continue to campaign and give my full support to this very important issue.
Background to Pleural Plaques Compensation
The House of Lords Judgment on 17th October 2007 upheld the Court of Appeal decision that the existence of pleural plaques does not constitute actionable or compensable damage. In this instance the House of Lords based its decision on some important principles underpinning the law of negligence – so any change in the House of Lords finding has huge and potentially very expensive implications for all negligence law. The decision was a big setback to the campaign, and our Group is working hard to try and find a way to restore the position to what it was before the House of Lords’ ruling. English law is substantially different from Scottish law. The House of Lords decision was based on the principle of the law of negligence.
First – compensation is only payable if there is actionable damage
Secondly – compensation is not payable simply for risk or the worry that something may happen in the future. However, in a later debate the minister was keen to stress that the door is not closed to further discussion about what else may be achievable
In the light of concerns raised by Members of Parliament, including myself, the Government published a Consultation Paper on 9th July 2008 to gather views on the most appropriate means of responding to the House of Lords decision. The consultation paper considered the law and medical evidence underpinning the House of Lords decision and sought views on a range of possible actions proposed that action should be taken to improve understanding of pleural plaques and to provide support and reassurance to those diagnosed with pleural plaques to help allay their concerns. The paper considered the issues that arise in relation to changing the law of negligence and invited views on whether that would be appropriate.
Along with several of my constituents, I submitted my views to the Pleural Plaques Consultation (Paper CP 14/08) last September. I particularly agreed with and commended the submissions from the Asbestos Victims Support Groups Forum – UK (AVSGF UK) and particularly drew the Consultation’s attention to the points the AVSGF – UK made in respect of Question 2 on the Consultation Questionnaire:-
“What are your views on whether it would or would not be appropriate to overturn the House of Commons decision on pleural plaques”
Response made by AVSGF – UK -“It is argued in the consultation document that if plaques are accepted as an injury this could have far reaching implications “it might lead to calls for compensation in other circumstances where no actionable damage has occurred …” (para. 38 & 39). If this were really the case, then after twenty years of the ‘misapplication’ of the law we would have already witnessed such calls and consequential increased levels of litigation for symptomless diseases. We have not and this fact alone should be enough to dismiss such an argument as fallacious.”
The consultation closed at the beginning of October 08. The Government has yet to produce its response to that consultation, which will be provided to the House and will be part of the ongoing discussions. | 
