Asbestos compensation scheme could be coming

Thursday 31 October 2019

People who developed cancer after inhaling asbestos in Guernsey could be entitled to compensation from next year, if Deputy Matt Fallaize gets his plans approved.

The President of Education, Sport & Culture would like the States to set up a compensation scheme for people with mesothelioma as soon as possible, and has lodged two amendments ahead of next week's meeting in the hope members will vote in favour of one of his proposed ways of doing that.

His preferred amendment asks that Employment & Social Security set up a scheme next year, while the other gives the committee until 2021.

"Governments across the western world have introduced schemes of financial assistance for sufferers of mesothelioma caused by exposure to asbestos," said Deputy Fallaize." A scheme was established in Jersey recently. Guernsey should have established a scheme years ago and to me it is unconscionable that the States should want to delay it any longer when the case for a scheme is so clear and when it could be set up reasonably easily, inexpensively and at no detriment to other services."

Pictured: Deputy Matt Fallaize.

"If both of my amendments fail, the States will be saying they don't wish to set up a scheme until 2022 at the earliest and I am hopeful that a majority of my colleagues will not say that."

ESS estimates the scheme will cost the States around £100,000 each year.

"Mesothelioma is an appalling, inevitably terminal disease," Deputy Fallaize continued. "The average age of diagnosis is around 65 and life expectancy at diagnosis is around one to two years.

"Mesothelioma can be traced to exposure to asbestos reasonably easily and therefore establishing whether someone would qualify for the scheme would not be difficult."

The amendments are due to be debated by deputies next week, as part of the ESS uprating report, which will follow the 2020 Budget debate.

Pictured: ESS President Deputy Michelle Le Clerc.

"If anything, the case for a scheme is stronger in Guernsey than in many other places which already have scheme because there is clear evidence that, back in the 1970s and '80s in particular, Guernsey delayed regulating asbestos in the workplace long after there was a growing body of evidence to indicate it was extremely dangerous," Deputy Fallaize added. "Some workers in Guernsey went on being casually surrounded by asbestos unnecessarily for years without knowing the risks.

"I think this strengthens the obligation on the States to establish a scheme without delay.

"Although it is disappointing that we are now trailing Jersey in yet another area of social policy, at least following them would allow us to base our scheme on the work they have recently done for their scheme. This would make it easier for Employment and Social Security than it might otherwise have been."

Jersey's scheme is based on lump sum payments of anything between £14,000 and £92,000, depending on the age of the victim.

Pictured top: Asbestos (file image).