Mesothelioma compensation scheme from 2021

Friday 05 June 2020

A long-overdue compensation scheme for people suffering with life-ending asbestos-related illnesses has been approved by the States, after a "miserly", "dishonourable" and "disgraceful" attempt to delay its introduction was thrown out.

The States unanimously approved introducing a scheme, which is estimated to cost £100,000 a year, that will provide compensation and support to the small number of islanders who are diagnosed with illnesses caused by historical exposure to asbestos.

That came after an attempt by Policy & Resources to postpone the scheme until more is known about the financial impact of the corona virus was savaged by States members.

"What may have appeared logical in the rarified atmosphere of the P&R Committee meeting room, really when it is applied in practical terms, is not just unnecessary but really quite a destructive and frankly cruel sursis, the effect of which would be to kick the compensation scheme into the long grass," said Deputy Matt Fallaize, a long-term campaigner for a compensation scheme. 

Pictured: Deputy Fallaize spoke to Express about the "cruelness" of the sursis in the days before the debate.

"I find it extremely unfortunate that the P&R Committee is in effect proposing that the first casualty of the financial measures necessary because of the Covid pandemic should be kicking into the long-grass a compensation scheme for sufferers of mesothelioma which is already years overdue." 

While P&R said they could not be clear what the future will hold for Guernsey's economy, Employment & Social Security President Michelle Le Clerc had no such doubts about what the future holds for people with mesothelioma.

"I am very clear what it will bring for mesothelioma sufferers – they will be a few months closer to death," she said.  "The one thing sufferers do not have is time, they cannot afford to wait for a recovery strategy when they have no chance of recovery."

Speech to Sursis asking States to reject the proposition pic.twitter.com/RwVJK1ae2C

— tothevale (@tothevale) June 4, 2020

Pictured: Deputy Neil Inder said the sursis was miserly and mean-spirited. 

HSC Vice-President Rhian Tooley acknowledged the States' cloth would need to be cut differently in the future.

"However his is not a frill or furbelow that is expandable - this is not where the knife should fall."

Deputy Peter Ferbrache described it as "the worst and most insensitive sursis anyone could have brought and discredits all who vote for it".

P&R Vice-President Lyndon Trott summarised why his committee had brought the sursis to the States. 

"P&R supports the principle of introducing a payment scheme of this nature for this condition, but is of the view that the States should not be approving any new expenditure until such time that the financial impact of the Covid-19 pandemic on the overall financial position is known."

The Committee's five members were the only ones to vote for the sursis, which lost by 33 votes to 5. Once that was defeated, the introduction of the scheme was approved unanimously by 39 votes to 0. 

Pictured: P&R President Gavin St Pier said his committee supported the scheme in principle, but felt that the States should not commit to any new capital expenditure until the financial impact of the pandemic becomes clearer. 

It means that a scheme will now be set up and that ESS has been allocated the money to fund it starting from the start of 2021. 

Speaking after the debate, Deputy Fallaize exclaimed his pleasure that a compensation scheme will be introduced, but also his sadness that the States cannot do more. 

“I was first put in touch with sufferers of mesothelioma and their families about five years ago.  Since then, their openness about their condition has been valuable in helping me to work with colleagues at Employment & Social Security to get the compensation scheme through the States.  I am only sorry we cannot do more for them.  

“The scheme should have been established long before now.  I am delighted the States approved the scheme and the necessary funding.  The final vote in the States was unanimously in favour.  I am certain the prospect which was raised in the debate of the funding for the scheme being withheld in future years can now be dismissed as unthinkable."