Asbestos in Workplaces

Marion Fellows Excerpts

Wednesday 19th April 2023 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Paisley. I congratulate the hon. Member for Loughborough (Jane Hunt) on bringing forward this really important debate and on her wonderful speech, which was well-informed and passionately delivered. I will make a few brief observations and then ask a few questions of the Government.

The management of asbestos in buildings is a reserved matter—it is for the UK Government and the Health and Safety Executive, which has UK-wide responsibility for enforcement of legislation and regulations. The Scottish National party would call for health and safety legislation to be devolved to the Scottish Government so that we can create fairer working practices and conditions and rectify buildings to adequate standards. I do not know whether Members are aware of this, but Scotland is, I believe, the only place in the United Kingdom where people can receive compensation if they develop pleural plaques. I ask the Minister why that is not available across the UK.

I am grateful to the Scottish Trades Union Congress and the TUC, which have given me a really good briefing for today. I have listened to hon. Members carefully, and I note with interest the fact that many have referred to teachers who have been affected. I taught in a further education college, and when I took early retirement in 2011—that worked out well—I was asked to sign a non-disclosure agreement. In it was a paragraph that said I would waive all my rights to claim compensation from the college in the event of my getting asbestosis. I had a good lawyer look at the NDA and I refused to sign it. My remarks to the then principal of the college were, “You worked in that building too. You might want to reconsider putting this in an NDA.”

Asbestosis can affect everyone and can do terrible things. We have heard numerous examples from Members across the spectrum of how people can contract it and the terrible price they pay if they suffer from it or from mesothelioma. It has been difficult to listen to some of the stories we have heard this afternoon, so why will the Government not collect comprehensive and accurate data on the extent, type and condition of all asbestos in public buildings, including schools and this place—as we heard, there have been problems here? Surely it is a false economy not to tackle this issue of asbestos as soon as possible. We cannot keep kicking down the road the dangers people are facing, waiting to see what happens 50 or 60 years on.

The Health and Safety Executive has had a 54% cut in funding. Will the Government commit to reversing those cuts and letting it do its job properly? We heard about the Retained EU Law (Revocation and Reform) Bill and the sunset clause. This has to be addressed. We cannot just ignore this problem.

I thank the right hon. Member for East Ham (Sir Stephen Timms), who chairs the Work and Pensions Committee, for the work it has done. The Government are well aware of what is happening, so I ask them to please do something about it. If not, please devolve the powers to the Scottish Government.

Here is something that no one has mentioned yet: can we have a public awareness campaign on this issue? We all know about it, but there are people outside the House who do not understand. We have all sorts of public campaigns on how to detect cancer; we have all sorts of information and awareness raising. Can the Government confirm that they will look into that for this issue as well?

I also thank, as someone has already done, the TUC, the Joint Union Asbestos Committee and the Asbestos Victims Support Groups’ Forum. This huge issue affects many people, including in my constituency, where there was formerly a steelworks, among other things. But we have to be reminded that it is not just people who worked in heavy industry who contract this disease. Please will the Government take on board everything they have heard this afternoon, answer some of the questions, bring forward help for the future and not keep kicking things down the road?

[Ian Paisley (in the Chair)]

I call the Opposition spokesperson.

--- Later in debate ---

[Marion Fellows]

Will the Minister give way?

[Mims Davies]

I am running out of time, but okay.

[Marion Fellows]

I just wanted to say that my point was to show the difference in the compensation for pleural plaques; I was not insinuating that there was no other compensation in the rest of the UK.

[Mims Davies]

I understand the hon. Lady’s point and I am happy to expand on that further. She will be keen to know that, later this year, the HSE’s “Asbestos and You” campaign will move to a new focus on the duty to manage asbestos safely in buildings by highlighting the requirements placed on those responsible for the buildings to manage any asbestos present.

The Government are not opposed to an asbestos register, or any steps regarding support to improve the safety regime to enable effective risk management. However, I understand from the HSE that the suggestion that Great Britain creates a national register for buildings would need to be considered carefully because of the potential unintended consequences.

In Great Britain, the regulations require duty holders to either survey premises constructed before asbestos was banned or to presume that it is present. Most duty holders decide to survey. and to arrange a register and plan for every room and area detailing the presence of any type of asbestos-containing materials and their condition and quantity. The new register would therefore require significant resources from duty holders and the Government. I understand the point made by the Select Committee Chair. The concern is about duplication of information, and there is no clear understanding that risks of exposure would be improved. We want people to focus on the duty to manage, and to presume that asbestos is in situ, but I will expand on that in my further response.

I will try to conclude, because I believe I am one minute over, Mr Paisley.