New legislation in Northern Ireland allows those with pleural
plaques to claim compensation.
The (Asbestos-related Conditions) Act (Northern Ireland) 2011
came into force on 14 December 2011.
The new legislation, announced by finance minister Sammy Wilson,
will reverse the decision in the House of Lords case of Johnston v
NEI International Combustion.
News of the legislation in Northern Ireland comes after insurers
Supreme Court ruled that the Scottish Parliament acted within its
powers in making pleural plaques compensatable, quashing the appeal
by insurers Axa, Aviva, RSA and Zurich.
Wilson said: "The challenge to the corresponding legislation in
Scotland cast a long shadow and I fought hard to get the Northern
Ireland legislation through the Assembly and submitted for Royal
Assent.
“However, I always believed that the policy objectives of the
Act were just and fair and that belief has now been vindicated by
the ruling of the UK Supreme Court in relation to the Scottish
legislation.
“The 2011 Act may be short and targeted, but it is a vitally
important Act, which seeks to ensure the continued availability of
a method of redress for ordinary working men and women.”
Wilson added: "It must be devastating to be told that you have
developed a condition as a result of having been exposed to
asbestos. To be told then that you couldn’t claim compensation for
that condition would clearly make the matter worse.
“That was the effect of the decision in the Johnston case and it
is not surprising that people affected by the decision sought
redress through Ministers and the Assembly.
“The 2011 Act essentially reverses that decision and, whilst the
ability to pursue a claim in damages will not fully compensate for
any wrong which was done, I hope that those affected will derive
some comfort from the fact that the wrongdoer can once again be
held to account.”