Scottish Government to reform time-bar for asbestos compensation

Attending parliament to support removal of three year time-bar

Marie McNair MSP has secured a commitment from the Scottish Government to remove the compensation time bar for people with certain asbestos-related conditions.

The Clydebank MSP held a debate in parliament last Thursday 25^th of June to raise awareness of mesothelioma, an aggressive cancer caused by exposure to asbestos. She has held an annual debate in the Scottish Parliament for the past five years in the run up to Action Mesothelioma Day, and the Clydebank Asbestos Group team attended this year as usual.

Marie McNair highlighted in her speech the injustice of the “time-bar”, which stipulates that when someone is diagnosed with an asbestos-related condition, they have only three years to make a civil compensation claim. After three years has passed, they cannot make a claim, even if they subsequently develop another, more severe condition like mesothelioma.

McNair remarked:

“I have campaigned hard on what I have described as the disgraceful three-year time bar, which has denied justice to some victims of asbestos-related disease.

Under current law, an individual who is diagnosed with a relatively minor condition such as pleural plaques might have just three years in which to raise a claim, even though they might not go on to develop mesothelioma until decades later. The nature of asbestos-related disease makes that time limit totally unjust.

It is welcome that the Scottish Law Commission recognised that issue and proposed reforms. I met the First Minister and other members of the Government to stress the urgent need to implement those reforms, and I want the earliest possible progress to be made on that.”

After hearing further speeches in support of Action Mesothelioma Day from other MSPs, Minister for Community Care Alison Thewliss confirmed on behalf of the Scottish Government their intention to introduce legislation to reform the law surrounding the “time-bar” for asbestos-related conditions by the end of the year. Her statement was met with applause from the chamber. She also thanked Clydebank Asbestos Group for their work with asbestos-victims for over thirty years.

This is a really significant moment in the pursuit of truth and justice for Scottish asbestos victims. We welcome the Scottish Government’s commitment to reform the law around the three-year time-bar and we thank Marie McNair MSP for her determination on this issue.