ESS member pushes for compensation for asbestos-related deaths

Employment & Social Security member Matt Fallaize raised the issue with his committee last year after being contacted by Vale parishioner Julie Bishop, whose husband, Barry, died last March after contracting mesothelioma, an aggressive cancer caused by historical exposure to asbestos.

He said deputies had a responsibility to correct the mistakes of previous governments in the 1970s and 80s who had failed to put industrial precautions in place to safeguard workers.

The matter has been discussed at committee level and he is hopeful that a compensation scheme and more watertight workplace safety legislation can be put before the States for approval by the end of this term.

‘After discussions with Julie, I realised that, in Guernsey, protection from asbestos-related illness was undeveloped, to say the least,’ he said.

‘I met with officers who advise the committee in relation to industrial benefits and workplace legislation and we recently got the relevant matters before the committee.

‘The committee recognised that the present arrangements are inadequate and directed officers to work up detailed schemes in two areas.

‘Firstly, we need a compensation scheme for victims of asbestos-related conditions, some of whom would undoubtedly have contracted asbestos at a time when Guernsey had no regulations around working with asbestos despite growing evidence of its potential to cause harm and long after regulations had been introduced elsewhere.

‘Secondly, while awareness around the risks of asbestos are now better understood and respected, the law in Guernsey remains quite weak in terms of protecting people who may come into contact with asbestos and basically we need to ensure that our workplace safety in this area is what one would expect as we approach the third decade of the 21st century.’

Deputy Fallaize said that most of his colleagues on ESS ‘can see the strength of the argument for a compensation scheme as part of our industrial benefits package’, especially for conditions which can quite easily be traced to exposure to asbestos.

‘Some years ago the States of the day were very slow to address the growing evidence of the risk of asbestos in the workplace and, as a result, many local people were exposed to those risks unnecessarily and without knowing of the risks themselves,’ he said.

‘This is part of the reason why I believe the States have an obligation to put a compensation scheme in place.

‘I cannot say that the committee directed that these changes be made the day after tomorrow and they will require resources which are in quite short supply.

‘But I have confidence that my colleagues on the committee will not allow this term of the States to conclude without putting the necessary changes before the States and I intend to keep pushing for that outcome.’

At present, asbestos-related diseases are financially supported by three industrial illness and injury benefits, which are applied on a case-by-case basis.

However, one of the three types of benefit is not paid out to pensioners, another does not cover private treatment and there are no lump sum payments, as there are in the UK.