Emergency Debate On Asbestos

John Battle, MP for Leeds West, who has campaigned for Armley asbestos victims, used a Parliamentary device, Standing Order 24, in the House of Commons today to demand a full 3 hour emergency debate on compensation for asbestos victims.

It is now estimated that as well as hundreds who have died and are dying of mesothelioma for simply living in the neighbourhood of the JW Roberts factory in Leeds before it closed in 1956, nationally as a result of the use of asbestos there are now 1,500 mesothelioma victims a year and the number is rising rapidly.

Five years ago in a landmark judgement we won a case in the courts to prove that Turner & Newall, who had taken over JW Roberts, were responsible for polluting people in the Armley neighbourhood. A handful of compensation claims have been paid out. However in September Turner & Newall (T&N), once the UK's largest asbestos manufacturers, was taken over by the US company Federal Mogul. On 1 October Federal Mogul applied in the UK courts to put its UK subsidiaries into administration. This immediately blocks the compensation payments to UK asbestos victims of T&N.

The administrators are now refusing to deal with legitimate compensation claims despite the court judgement. Cheques to victims have bounced. One victim received a letter offering compensation and a notice in the next post saying that the offer was worthless as the company was bankrupt.

Administration proceedings can take years, but the administrators have three months to produce a financial statement and have a creditors' meeting for all UK subsidiaries. In the meantime the US parent company has ringfenced its liabilities and under US law can continue trading and making a profit.

Furthermore there is real doubt over the insurance cover provided by T&N. If they were not genuinely insured the question arises - how were they allowed to get away with it? The new Financial Compensation Act that covers victims of failed insurance may not apply, and in any event only covers workers, not people who lived in the neighbourhood. They cannot claim industrial injuries benefit (because they were not exposed to asbestos in their paid employment) nor can they claim under the 1979 Workers' Compensation Act. They are outside the reach of the new Financial Services Compensation Act.

This is not just about a few cases in Armley, nor is it just about T&N. It could affect all asbestos claims in Britain. This year has been a truly annus horribilis for asbestos victims. Judgements seem to be protecting the companies rather than the victims, as we have seen in the Chester Street case in January, the Fairchild case in February, the T&N case in October and the Fairchild case again this week.

Asbestos victims are the most vulnerable, totally innocent victims who die of the worst imaginable forms of cancer. They did not bring this on themselves. They deserve compensation. We need an urgent debate so that we can have a co-ordinated government response to ensure victims get compensation and the polluters pay. The victims have not got years to live and wait and wait for lengthy company insolvency proceedings.