Welcome victory in Parliament for asbestos cancer victims
Date published: 26 April 2012
Following on from events reported on Rochdale Online, in a dramatic move. the Government today announced it was backing down on the withdrawal of existing legal services funding arrangements for asbestos disease sufferers. This has been heralded as a significant victory for Britain’s asbestos cancer victims.
Jason Addy of the Save Spodden Valley campaign reflects on the news: "This follows a tireless campaign by UK Asbestos Victims Support Groups Forum UK which has worked tirelessly to force the government to exempt mesothelioma sufferers from the new clampdown on legal aid.
"This may not be the end of the matter, no doubt there will be further attempts by the insurance industry lobby to cut access to justice for victims of the cruel diseases caused by asbestos as evidenced by some rather cynical attempts at avoiding liabilities, as seen by a series of legal challenges that have been heard in the Court of Appeal and Supreme Court.
"Past experience suggests that elements within the insurance industry would prefer some form of 'no-fault' scheme that offers a payment in place of the opportunity of going to court. Past schemes for other industrial diseases have benefited the insurance industry because with scheme payments, caselaw can not develop to recognise new legal challenges. It may create a "moral hazard" for those who may neglect to keep workers and the environment safe because there might be a "no fault" scheme to avoid future litigation.
"In addition, any call for an 'asbestos disease scheme' may set a dangerous precedent for whatever could be "the next asbestos" - future diseases that could be caused by other highly profitable products that carry a possible risk of cancer manifesting itself sometime in the future. It is foreseeable, and a cynic might suggest the sorry experience of asbestos provides a cruel business model based on decades of denial, obfuscation, grudging acceptance, avoidance then government bail out.
"But all this is in the future. Tonight we must be thankful for the care and consideration of Parliamentarians across party lines to bear witness to the injustices of asbestos disease and co-operate to ensure there is some breathing space for reflection".
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