Asbestos compensation scheme heavily criticised

Paul Rowen, Jason Addy (SSV) and Chris Davies MEP beside the destroyed woodland

A scheme to compensate some victims of the asbestos cancer mesothelioma has been criticised by a national asbestos victims' charity.

The scheme of fixed tariff payments, just announced by the Association of British Insurers (ABI), and reported by the BBC yesterday, claims to compensate those who succumb to the terminal asbestos cancer but cannot trace the particular Employers Liability insurance policy that covered such occupational risks.

Experts acknowledge that it takes from 10-50 years after exposure to deadly asbestos fibres from disease to become apparent.

Sometimes, the companies have gone out of business and would-be claimants cannot find any records relating to the original company insurers.

Tony Whitston, Manchester based Chairman of the UK Forum of Asbestos Victim Support Groups warns that the ABI tariff scheme has severe limitations in that it only covers those who are dying of mesothelioma. He estimates that half of all asbestos victims could be excluded: “We are disappointed at the reduced amounts payable, and we are bitterly disappointed at the exclusion of so many people who suffer from diseases such as asbestosis or lung cancer caused by exposure to asbestos ”

In a related story, Save Spodden Valley campaigner Jason Addy has said that the group has identified the fact that several companies involved in the controversial destruction of woodland around the former Turner & Newall asbestos factory in 2004 are no longer on the Companies House register, or have been subject to winding-up procedures.

These include Treelink Ltd who felled several acres of woodland on the site in 2004. According to Mr Addy, this company dissolved in September 2008.

Mr Addy has also found that the specialist remediation company that wrote reports supporting the unsuccessful 2004 planning application, Encia Consulting Ltd, dissolved in July 2010.

Once off the official Companies House register, companies cease to exist as legal entities and any litigation becomes extremely difficult.

It has also just been announced that planning consultants DPP has also gone into administration.

As reported extensively by Rochdale Online, DPP was the company that drafted the 2004 Environmental Statement to support the building of over 600 homes and a children's nursery on the former asbestos factory site.

Controversy was sparked by paragraph 5.30 of the report that stated: "...of particular note is the absence of any asbestos contamination."

However in 2006 an independent report commissioned by Rochdale Council confirmed gross site contamination with waste asbestos deposits over 4 metres in thickness in parts of the site.

Mr Addy has researched the implications of past activities around asbestos factory sites and has recently reported his findings to the Parliamentary All Party Asbestos subcommittee. He told Rochdale Online: “The concerns raised by local people about the former Turners' asbestos site since 2004 were proven to be absolutely correct.

“In the sorry saga of the past 8 years it seems that paid experts acting for property developers can disappear, so what safeguards and guarantees do their past confident assurances have if their limited liability companies are wound up?

“For the sake of those workers and local people who could have been exposed to asbestos as a result of past activity, it is important to ensure there is a record of the relevant public and employers liability insurance policies. I hope and pray they are never needed but it would be the ultimate injustice if this information is lost.

“As for the future of the Spodden Valley - the watchwords must be precaution and prevention. There must be full accountability to ensure the whole site is made permanently safe for the people of Rochdale.”

http://www.rochdaleonline.co.uk/news-features/2/news-headlines/69155/welcome-victory-in-parliament-for-asbestos-cancer-victims  

http://www.rochdaleonline.co.uk/news-features/2/news-headlines/62611/campaigners-one-step-closer-to-securing-safe-future-for-tba-site