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Disease: Asbestos

Update on the Mesothelioma Bill and Recovery of Medical Costs for Asbestos Diseases (Wales) Bill

Mesothelioma Bill - update

The Mesothelioma Bill has passed through Committee Stage in the Lords without amendment and will now proceed to Report Stage in the Lords.

An early day motion was tabled on 4 June welcoming the Bill but alleging that the cut off date, excluding those diagnosed before 25 July 2012, will exclude 50% of victims. The decision to limit the scheme is described as “unacceptable, untenable, unjustifiable and arbitrary” and the ELD calls for the limitation to be withdrawn. To date it has been signed by 26 MPs.

Full details of the debate and the Bill are available on the parliament website

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill - update

Post Magazine has reported the delay of the Welsh asbestos Bill, until mid-July due to 'technical reasons‟. The bill would have meant that insurers for those suffering asbestos-related diseases would have been liable to pay compensation towards their treatment by the NHS. However, there have been repeated questions about whether the bill is within the assembly's powers.

The Association of British Insurers has raised a number of "serious concerns" about the bill's lawfulness, stating that clause 15, which relates to financial services and insurance, is clearly outside the scope of the assembly's current powers. The ABI also warns that, in its view, the bill would give Welsh ministers "a general tax raising power" which is outside the current devolution settlement.

For further information please contact:

Fiona James, Director, Professional Support Lawyer on 0191 233 5220 or at fiona.james@dwf.co.uk

Alex Fusco, Associate, Professional Support Lawyer on 0161 603 5211or at alex.fusco@dwf.co.uk

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.