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19/01/2011

Bill To Aid NI Asbestos Victims

Sufferers of some asbestos-related conditions are a step closer to accessing compensation following a debate in the Assembly yesterday evening.

The NI Finance Minister Sammy Wilson believes the proposed legislation is vital in providing assistance to those who have suffered wrong, mostly those who had worked in the construction or engineering sectors.

The Damages (Asbestos-related Conditions) Bill aims to deal with certain asbestos-related conditions namely pleural plaques, pleural thickening and asbestosis.

Pleural plaques are non-malignant areas of fibrosis found within the pleura of the lung. Pleural thickening is a non-malignant disease in which the lining of the pleura becomes scarred and can lead to breathlessness.

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Asbestosis is a non-malignant scarring of the lung tissue, which leads to inadequate oxygen intake to the blood.

During the 2nd Stage of the Bill Sammy Wilson told the Assembly that bringing forward the legislation was the right thing to do.

"I believe this Bill seeks to support a fundamental principle of our justice system, namely access to justice for those who have suffered wrong.

"There was a time when asbestos was regarded as a miracle mineral, however with time it was discovered that asbestos could cause a number of different conditions some of which are fatal.

"Having consulted on this proposed legislation I believe that Northern Ireland should follow Scotland and restore pleural plaques as an actionable condition.

"This Bill is vitally important and aims to ensure the continued availability of a method of redress for ordinary working men and women," he said.

The Department of Finance and Personnel carried out a public consultation following a House of Lords decision in October 2007 that pleural plaques did not constitute actionable or 'compensatable' damage for the purpose of the law of negligence.

Following the consultation the Finance Minister concluded that the reinstatement of the right to claim compensation in negligence is just and fair and will ensure that people in Northern Ireland have the same rights and protections as people in Scotland.

(BMcC/KMcA)

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