McMillan Welcomes Asbestos Ruling

Stuart McMillan MSP SNP has today (Wednesday) welcomed the Supreme Court ruling which could allow thousands of insurance claims by families of people who died after exposure to asbestos.

The court placed insurance liability at the time an employee was exposed to asbestos, not when symptoms appeared.

The Scottish Parliament passed legislation to allow compensation for asbestos-related conditions but court challenges from insurance companies have meant cases have been put on hold or side-lined while the insurance companies tried to overturn Scottish Parliament legislation.

Stuart McMillan MSP who played a leading role in the passage of the bill and worked with the campaigners added;

"I welcome today’s announcement from the Supreme Court that families of people who died after exposure to asbestos can claim compensation.

"This decision has taken a long time coming but it’s an important victory for common sense and I now hope those who have suffered from pleural plaques, and their families, can receive the justice they so rightfully deserve.

"Campaign groups such as Clydeside Action on Asbestos deserve tremendous credit for their efforts campaigning for justice for the many sufferers of asbestos related conditions in Scotland."

McMILLAN WELCOMES NEW RIGHTS FOR ASBESTOS VICTIMS

The SNP MSP for the West of Scotland, Stuart McMillan, has today welcomed the introduction of the Damages (Scotland) Act 2011, which comes into force today.

The legislation was passed by the Scottish Parliament in March and will benefit those affected by diseases acquired in the workplace, including victims of asbestos, by providing compensation without the need for long court cases.

Commenting Mr McMillan said:

"I very much welcome this new legislation and was proud to support it through Parliament last session.

"For too long the UK government failed to act on the growing calls to introduce proper legal rights for those affected by accidents and diseases in the workplace, especially for sufferers of pleural plaques.

"The previous decision by the House of Lords was absolutely shamefully and I am proud that the SNP Government has stood up for those affected.

"We should not forget the undeniable stress and trauma that the diseases can cause. Groups such as Clydeside Action on Asbestos have campaigned day and night for fair treatment and today their hard work has paid off."

McMillan Looks Forward to Action Mesothelioma Day

Stuart McMillan MSP, (SNP) has today (Friday) lodged a motion in the Scottish Parliament supporting the fifth annual Action Mesothelioma Day, which will occur on 2nd July 2010.

Mr McMillan will also be attending the first ever Scottish Patient carers day, hosted by Clydeside Action on Asbestos, on Action Mesothelioma Day.

Mr McMillan said;

"I welcome the fifth annual Action Mesothelioma Day which takes place on Friday 2nd July and I will be attending the first ever Scottish Patient carers day in Glasgow on the same day.

"It's important to raise awareness of the mesothelioma and other asbestos related conditions to highlight what is being done to improve treatment and care.

" I would like to, once again, commend Clydeside Action on Asbestos for all their work in highlighting asbestos related conditions and for their efforts in helping secure the Damages (Asbestos-related Conditions) (Scotland) Act."

McMillan Condemns Asbestos Insurers Appeal

Stuart McMillan MSP, (SNP) has today (Friday) condemned insurance companies Aviva, AXA, RSA and Zurich who are appealing the Court of Sessions ruling of 8 January rejecting their attempt to invalidate the Scottish Parliament's Damages (Asbestos-related Conditions)(Scotland) Act.

The insurers see the legislation as "flawed" and are refusing to accept Lord Emslie’s ruling last week.

Mr. McMillan said;

"While I appreciate the reassurances from the ABI that the appeal will not affect the insurance companies’ commitment to pay compensation to people with asbestos-related diseases this further appeal is ridiculous.

"I would encourage the companies involved to work with agencies such Clydeside Action on Asbestos to resolve this issue once and for all.

"The view that the Scottish Parliament’s legislation is flawed is ludicrous and is undermining these companies’ reputation. I can’t believe they are on the side of their clients when they refuse to accept an Act of the Scottish Parliament that stood up to thorough scrutiny and was passed by all parties last year.

"It is time to accept the word of the law in this Act and move on".

MSP WELCOMES COURT'S REJECTION OF INSURANCE COMPANIES ATTEMPTS TO BLOCK ASBESTOSIS COMPENSATION

West of Scotland SNP MSP and supporter of Clydeside Action on Asbestos Stuart McMillan has welcomed the news that the Court of Session has rejected attempts by insurance firms to overturn a new law which allows victims of an asbestos-related condition to claim damages.

Some of the biggest insurance companies contested the new law which gives the victims the right to seek damages. A move condemned by Mr McMillan when the insurance companies sought a judicial review over the Scottish Parliament's decision to support the Damages (Asbestos-related conditions) (Scotland) Act.

The Act ensures that an earlier House of Lords decision which could have prevented sufferers claiming compensation is not applicable in Scotland. Mr McMillan was active in the campaign and instrumental in securing a member's debate which led to the Act being passed.

Commenting Mr McMillan said:"I am pleased to hear the news that the Court of Session has rejected this move by the insurance companies. This is great news for those sufferers of asbestos related conditions who will be able to represent themselves in their battle to obtain justice."It's important that all sufferers of asbestos related conditions have their voices heard and they receive the compensation they deserve. Those who have pleural plaques are innocent victims of the damaging impact of asbestos and should not be punished for it.

"The Scottish Parliament took the democratic decision to pass this legislation and to ensure sufferers have access to compensation. In Scotland we have the legislation to ensure those who should be compensated for their injuries receive that compensation, not to deprive people of legitimate compensation as the insurance companies were attempting."

McMillan Welcomes Damages Act Coming Into Force

Stuart McMillan MSP, (SNP West of Scotland) has today (Wednesday) welcomed the Damages (Asbestos-related Conditions) (Scotland) Act 2009 coming in to force in Scotland.

Mr. McMillan said;

"Today marks history in the process of this Act and a great achievement for all those who have campaigned tirelessly for the rights of pleural plaques and asbestos related conditions sufferers to seek compensation.

"Having campaigned on this issue myself since before becoming elected I know the time and effort groups and individuals such as Clydeside Action on Asbestos and Councillor Kenny MacLaren have put in to get where we are today.

"The Scottish Government should also be commended for their action on this following the absurd House of Lords ruling and it is just another example of the SNP working with the interests of the Scottish people in mind at all times.

"I hope this legislation coming in to force in Scotland will allow sufferers some comfort to know they have the right to seek compensation. I also hope other nations within the UK push forward to overrule the House of Lords on this issue.

"I spoke on a number of occasions in the Scottish Parliament on this Bill and Act and have seen the process through to the end.

I am proud of what the Scottish Parliament has achieved in this Act as it is an example of elected representatives using their power to make a real difference to people’s lives".

McMillan Comments on UK insurers Seeking to Overturn Asbestos Law

Stuart McMillan MSP, (SNP West of Scotland) has today (Monday) commented on the move taken by UK insurers who are seeking to overturn a new Scottish law that allows people to claim for past exposure to asbestos. The Damages Act means Scots with pleural plaques can claim compensation - even though a House of Lords ruling prevents this in the rest of the UK.

Mr McMillan said;

"I am disappointed to see the UK insurers have taken their case to the Court of Session in Edinburgh seeking a judicial review of Scotland's legislation.

"The Bill has already been passed in the Scottish Parliament and gives a clear and unequivocal statement that sufferers must be compensated for the damaging exposure asbestos has caused them over the years. To go against the will of the Scottish Parliament like this is wrong.

"I hope the previous decision and the Damages Act will be upheld and that justice for pleural plaque sufferers will continue to be implemented when the Act comes fully in to force on 17 June".

MSP WELCOMES LATEST MOVES IN ASBESTOSIS COMPENSATION

West of Scotland MSP and supporter of Clydeside Action on Asbestos Stuart McMillan has welcomed the news that victims of the asbestos-related condition pleural plaques have won the right to be represented in the legal battle over the right to compensation.

Some of the biggest insurance companies are contesting the new law which gives the victims the right to seek damages. A move condemned by Mr McMillan when the insurance companies sought a judicial review over the Scottish Parliament's decision to support the Damages (Asbestos-related conditions) (Scotland) Act.

The Act ensures that an earlier House of Lords decision which could have prevented sufferers claiming compensation is not applicable in Scotland.

Commenting Mr McMillan said:

"I am pleased to hear the news that sufferers of asbestos related conditions will be able to represent themselves in their battle to obtain justice.

"It's important that all sufferers of asbestos related conditions have their voices heard and they receive the compensation they deserve.

"I am confident that compensation will be forthcoming and I look forward to the Act coming fully into force on 17 June 2009.

"Those who have pleural plaques are innocent victims of the damaging impact of asbestos and should not be punished for it.

"The Scottish Parliament took the democratic decision to pass this legislation and to ensure sufferers have access to compensation. In Scotland we have what it takes to ensure those who should be compensated for their injuries receive that compensation not to deprive people of legitimate compensation."

McMillan Welcomes Rejection of Asbestos Appeal by Insurance Industry

West of Scotland SNP MSP Stuart McMillan has welcomed the rejection of the legal bid by insurance companies to prevent the Damages (Asbestos-related Conditions) (Scotland) Act 2009 coming in to force.

Axa, Norwich Union, Royal & Sun Alliance and Zurich Insurance were hoping to prevent the Act until a full-scale legal challenge could be heard in court. However, Lord Glennie yesterday (Monday) rejected the bid.

Commenting Mr. McMillan said;

"I am delighted these insurance companies are not being allowed to stand in the way of justice for asbestos related conditions sufferers.

"It was the will of the Scottish Parliament that has allowed this Act to come in to force and to attempt to overturn this was a ridiculous action to take on the part of the insurance companies.

"The insurers argued that the legislation was in breach of the European Convention on Human Rights but what about the rights of those exposed to asbestos through their employers negligence?

"Furthermore, the value of damages awarded to each pleural plaque sufferer is negligible compared to the 1.2m Euros that the Chief Executive of Axa Insurance earns and the $57.2m that the 12 members of the Group Executive of Zurich Insurance earn.

"I am pleased this legislation will come in to force in June and hope this will bring an end to the injustice suffered by many".

McMillan Says Pleural Plaques Compensation Must Stand

"INSURERS ACTIONS "DESPICABLE"

West of Scotland MSP and supporter of Clydeside Action on Asbestos Stuart McMillan has condemned the actions of insurance companies currently undertaking a judicial review over the Scottish Parliament's decision to support those affected by pleural plaques through the Damages (Asbestos-related conditions) (Scotland) Act.

The Act ensures that an earlier House of Lords decision which could have prevented sufferers claiming compensation is not applicable in Scotland.

Stuart McMillan, who has supported the campaigners behind this bill, today submitted a Parliamentary motion condemning the insurers determination to overturn the democratic decision of the Scottish Parliament.

Mr McMillan said; "The insurers actions are despicable and seek to deprive those who have plueral plaques of the valuable compensation they are entitled to.

"Those who have plueral plaques are innocent victims of the damaging impact of asbestos and should not be punished for it.

"The Scottish Parliament took the democratic decision to pass this legislation and to ensure sufferers have access to compensation. It is not for insurance companies to challenge that simply because it might affect their economic interests. In Scotland we have what it takes to ensure those who should be compensated for their injuries receive that compensation not to deprive people of legitimate compensation.

"As with every other organisation the insurers made their case to Parliament - it was rejected and they should accept that democratic decision rather than crying to the courts.

"This is a disgraceful attempt to restrict access to legitimate compensation."

McMillan Welcomes Royal Assent for Damages Act

Stuart McMillan MSP, (SNP West of Scotland) has welcomed the news hat Royal Assent was given to the Damages (Asbestos-related Conditions) (Scotland) Act 2009 on 17 April.

In a letter from the Cabinet Secretary for Justice acknowledging Mr. McMillan’s ‘valuable support’ he was informed the legislation has now become part of the statute book.

Mr. McMillan said;

"I am delighted this Act is now official legislation and look forward to the Scottish Government Ministers making a Commencement Order to bring the provisions of the Act fully into force in the near future.

"With the SNP Government in Scotland leading the way with this legislation I am pleased to note the Prime Minister has said a decision from the UK Government will be made on pleural plaques after Easter recess.

"Following the previous absurd House of Lords ruling I am pleased the Prime Minister thinks it is right to look at the issue again in relation to sufferers south of the border.

"I am sure the campaigning done in Scotland on the issue to get to this stage here has prompted this decision and I hope any statement from Westminster is favourable for those who have campaigned relentlessly".

McMillan Calls on Westminster to Legislate on Asbestos Conditions

Stuart McMillan MSP, (SNP West of Scotland) has written to the Prime Minister Gordon Brown MP to urge the Westminster Government to follow the lead of the Scottish Parliament and pass a Bill which will legislate and compensate sufferers of asbestos related conditions.

Mr McMillan said;

"I was delighted the Damages (Asbestos-related Conditions) (Scotland) Bill passed into legislation by the Scottish Parliament with support of all the parties except the Scottish Conservative and Unionist Party.

"This is an important piece of legislation which will help many families who have been affected by asbestos related conditions receive justice.

"I have written to the Prime Minister to urge the Westminster Government to follow the example of the Scottish Parliament and introduce a Bill to provide justice for sufferers of asbestos related conditions in the UK."

Harry McCluskey, secretary of Clydeside Action on Asbestos stated;

"The Scottish Parliament is to be congratulated as it has recognised that those diagnosed with Pleural Plaques deserve to pursue compensation given that their condition was caused by the negligence of other’s.

"Clydeside Action on Asbestos firmly believes that it is shameful for Westminster not to legislate in favour of all those with Pleural Plaque’s in England and Wales. The men and women who contracted Pleural Plaque’s did so by going out to work everyday in order to feed their families.
Clydeside Action on Asbestos must commend the efforts of the SNP politicians, in particular Stuart McMillan; Bill Kidd and Gil Paterson for all their efforts on behalf of those diagnosed with an Asbestos Related Disease."

McMillan Welcomes Passing Of Asbestos Compensation Bill

Commenting after todays successful passing of the Damages (Asbestos-related Conditions) (Scotland) Bill SNP MSP Stuart McMillan (West of Scotland) said the Act would now help people with certain asbestos diseases seek recompense for being negligently exposed to asbestos.

The Act aims to protect those sufferers from a House of Lords judgement south of the border which would deny them taking such action.

Mr McMillan, who secured a Parliamentary debate on the issue in November 2007, said:

"It is a great pleasure to cast my vote this evening in support of this Act and to have helped those campaigners involved in moving this campaign and Bill forward.

"As someone whose family members have worked in the shipyards I am pleased that an issue of justice and peoples' health is being so overwhelmingly backed by Scottish Parliamentarians.

"I am pleased the Scottish Government has listened to the arguments and acted quickly on this issue.

"It is equally welcome that the Scottish Parliament has also responded positively, and I am sure that the vast majority of the population in Scotland will be supporting this legislation this evening.

"Today I will once again I ask the insurance industry to be proactive in moving this forward and not to challenge the will of this Parliament."

McMillan Continues Fight for Asbestos Victims

Stuart McMillan MSP, (SNP West of Scotland) has spoken in the Scottish Parliament during a debate recognising Action Mesothelioma Day.

During the members debate Clydeside Action on Asbestos was commended for their continued fight in Scotland for sufferers of asbestos related conditions. Mr. McMillan is also speaking at a cross party event in Glasgow on Friday (27 February).

During the debate Mr. McMillan said;

"This Parliament has a history for bringing justice to the people who have been affected with asbestos related conditions. With tomorrow (Friday) being Action Mesothelioma Day it is a reminder to everyone in this chamber, but more importantly beyond, of the industrial legacy that still affects many people and their families across Scotland.

"This Government is acting on the Clydeside Action on Asbestos campaign assisted by members to allow justice to happen for pleural plaques victims. Stage 3 of the [Damages] bill is expected to come before this Chamber on 11th March and I hope the cross party support the bill has had up to now continues.

Following the debate Mr. McMillan said;

"I am always pleased to have the chance to speak out on this issue to ensure the fight for mesothelioma sufferers and other asbestos related conditions is continued.

"I have long campaigned on this issue with SNP colleagues and will continue to do so for as long as people are suffering with no appropriate compensation".