Supreme Court supports SNP Asbestos Legislation
“This was the only sensible option available to the UK Supreme Court, to do otherwise would have opened up a constitutional nightmare effectively undermining all legislation from the Scottish Parliament”, said Derek Mackay MSP (SNP – Renfrewshire North & West).
The UK Supreme Court was asked by major insurance companies to strike down the Damages (Asbestos-related Conditions)(Scotland) Act which was passed by the Scottish Parliament in 2009. This legislation effectively over-turned a House of Lords decision in 2007 which stopped those who contracted certain asbestos related conditions and were negligently exposed to asbestos from seeking compensation from former employers. Insurance companies failed in their attempts to use Scots Law to over-turn the Damages (Asbestos-related Conditions)(Scotland) Act and took their final battle to the UK Supreme Court claiming that this was an infringement on their human rights. The UK Supreme Court decided not to support the claims of the Insurance Companies and upheld the legislation passed by the Scottish Parliament.
Derek Mackay MSP said:
“This is a disgrace that the Insurance companies were even allowed to appeal to the UK Supreme Court. They had plenty of opportunity to appeal the legislation in Scotland and failed. The Supreme Court should not have had the power to decide on legislation passed in the Scottish Parliament.
“If this decision by the UK Supreme Court had went the other way that no Scottish legislation would be safe from interference from Westminster – what is the point of the devolved Scottish Parliament if it cannot make its own laws?
“I have followed this issue carefully since it was raised in Renfrewshire Council by my colleague Councillor Kenny MacLaren – who was instrumental in the campaign to bring in the Damages (Asbestos-related Conditions)(Scotland) Act”.
Councillor Kenny MacLaren (SNP – Paisley North West) added:
“I have been involved in the campaign to introduce the Damages (Asbestos-related Conditions)(Scotland) Act since the original House of Lords decision in 2007 – to effectively stop those negligently exposed to asbestos from seeking compensation.
“I have worked with leading anti-asbestos charity Clydeside Action on Asbestos to raise awareness of this issue and to promote the welcome change brought in by the SNP Scottish Government to re-instate the right for workers to seek compensation if they have been harmed at work.
“The decision by the UK Supreme Court should now mean that all the compensation cases which have been on hold can now move forward. However, serious questions have to be asked on the ability of the UK Supreme Court to interfere in legislation enacted by the Scottish Parliament”.
NOTES
Clydeside Action on Asbestos is Scotland’s leading charity on asbestos related issues. They can be contacted on 0141 552 8852.
The Damages (Asbestos-related Conditions) (Scotland) Act allows people who have contracted the asbestos disease pleural plaques to have the right to sue former employers (or their insurers) for compensation if they were negligently exposed to asbestos.
The UK Supreme Court was asked by major insurance companies to strike down the Damages (Asbestos-related Conditions)(Scotland) Act which was passed by the Scottish Parliament in 2009. This legislation effectively over-turned a House of Lords decision in 2007 which stopped those who contracted certain asbestos related conditions and were negligently exposed to asbestos from seeking compensation from former employers. Insurance companies failed in their attempts to use Scots Law to over-turn the Damages (Asbestos-related Conditions)(Scotland) Act and took their final battle to the UK Supreme Court claiming that this was an infringement on their human rights. The UK Supreme Court decided not to support the claims of the Insurance Companies and upheld the legislation passed by the Scottish Parliament.
Derek Mackay MSP said:
“This is a disgrace that the Insurance companies were even allowed to appeal to the UK Supreme Court. They had plenty of opportunity to appeal the legislation in Scotland and failed. The Supreme Court should not have had the power to decide on legislation passed in the Scottish Parliament.
“If this decision by the UK Supreme Court had went the other way that no Scottish legislation would be safe from interference from Westminster – what is the point of the devolved Scottish Parliament if it cannot make its own laws?
“I have followed this issue carefully since it was raised in Renfrewshire Council by my colleague Councillor Kenny MacLaren – who was instrumental in the campaign to bring in the Damages (Asbestos-related Conditions)(Scotland) Act”.
Councillor Kenny MacLaren (SNP – Paisley North West) added:
“I have been involved in the campaign to introduce the Damages (Asbestos-related Conditions)(Scotland) Act since the original House of Lords decision in 2007 – to effectively stop those negligently exposed to asbestos from seeking compensation.
“I have worked with leading anti-asbestos charity Clydeside Action on Asbestos to raise awareness of this issue and to promote the welcome change brought in by the SNP Scottish Government to re-instate the right for workers to seek compensation if they have been harmed at work.
“The decision by the UK Supreme Court should now mean that all the compensation cases which have been on hold can now move forward. However, serious questions have to be asked on the ability of the UK Supreme Court to interfere in legislation enacted by the Scottish Parliament”.
NOTES
Clydeside Action on Asbestos is Scotland’s leading charity on asbestos related issues. They can be contacted on 0141 552 8852.
The Damages (Asbestos-related Conditions) (Scotland) Act allows people who have contracted the asbestos disease pleural plaques to have the right to sue former employers (or their insurers) for compensation if they were negligently exposed to asbestos.