Asbestos in Workplaces

Debate between Martin Docherty-Hughes and Jane Hunt

Wednesday 19th April 2023 Westminster Hall

[Jane Hunt]

I certainly agree that there is work to be done. That sounds like a very good idea. The Chair of the Work and Pensions Committee, the right hon. Member for East Ham (Sir Stephen Timms) will speak later, I believe.

A freedom of information request to the Department for Education last year found that nearly 81% of schools reported that asbestos was present in their buildings. The responses to my survey indicate that schools are one of the hotspots for asbestos exposure, with one response stating:

“My lovely mum was a primary school teacher, who taught children with special educational needs. She was 64 when diagnosed with Mesothelioma, and 67 when she died…After investigations, she was asked if she’d ever worked with asbestos. She said no. It was an odd question as she was a teacher. Then we found out that asbestos is still present in UK schools today.”

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I congratulate the hon. Lady on securing this very important debate. Does she consider the idea of forcing educationalists—whether they are teachers or lecturers—to sign non-disclosure agreements about not discussing asbestos in their establishments on leaving their institutions to be an affront, and does she agree that it should end?

[Jane Hunt]

I was not aware of that. Perhaps I could put that to the Minister for a response. If she cannot give one, I will try to get an answer from the Department for Education.

Another response to my survey stated:

“My husband was diagnosed in October 2012 with Mesothelioma at the age of 34…It changed our lives forever! We do not know exactly how or where he was exposed to asbestos but, from research, we believe he either had secondary exposure from his father bringing it home on his clothes from his place of work, or he could have been directly exposed in the schools he attended which all still contain asbestos to this day.”

A separate information request to the NHS found that more than 90% of hospital buildings contained asbestos. Hospitals were identified as another hotspot for exposure in my survey, with one response stating:

“Before her 40th birthday my wife was diagnosed with Mesothelioma, a mother of 3, who for her whole life worked as an NHS Nurse. She was studying and working in what you would expect to be a safe environment.”

A further freedom of information request to 20 local authorities across England, Scotland and Wales from the law firm Irwin Mitchell revealed that 4,533 public buildings still contain asbestos. That averages to around 225 buildings per local authority. Irwin Mitchell estimates that if the data provided is repeated around the country, about 87,000 public buildings contain asbestos.

Asbestos exposure is the single greatest cause of work-related deaths in the UK, with the HSE estimating that more than 5,000 people die from asbestos-related cancers every year. More than half of those deaths are from mesothelioma, a type of cancer that can occur on the lining of the lung or the lining surrounding the lower digestive tract. Shockingly, according to the HSE, the UK has the highest rate of mesothelioma deaths per capita in the world.

Mesothelioma is not typically detected in the early stages of the disease, as it has a long latency period of 15 to 45 years, with some prolonged cases of 60 years before symptoms show. Therefore, once diagnosed, it is often advanced, so up to 60% of patients die in the first year after diagnosis, with just over five in 100 surviving for five years or more.

Furthermore, while historically, men working in building-related activities as well as other heavy industries such as shipbuilding were the most likely people to develop asbestos-related diseases, we are now seeing a trend of younger people, both men and women, dying as a result of exposure. As Irwin Mitchell highlighted, over the past 20 years, an increasing number of people have developed asbestos-related illnesses from more indirect sources.

[Martin Docherty-Hughes]

The historical legacy of asbestos in heavy industry is well documented, but does the hon. Lady share my concerns and those of the Clydebank Asbestos Group in my constituency about the increasing number of women being diagnosed with asbestos-related conditions, critically reflecting the reality of women’s exposure and a failure to recognise the many types of asbestos-related conditions, which can also include ovarian cancer?

[Jane Hunt]

I was not aware of the ovarian cancer element. However, I was going to mention family members washing work clothes covered in asbestos dust and that kind of thing, or non-industrial exposure. This is greatly concerning.

I will take this opportunity to share a few extracts from a statement provided to me by one of my constituents, whose husband died from mesothelioma after being exposed to asbestos:

“[My husband] at first did not show much reaction when he was diagnosed. All he really wanted was to find out what could be done to help him. He felt angry later that it could have been prevented. [My husband] was very matter of fact that all he could do now was fight it and try to survive as long as possible.

I felt absolute terror, I felt extremely upset and tearful but because [my husband] was handling it so well, I kept some of my worst feelings hidden and just supported him in the way he wanted me to, but I felt an overwhelming panic that I was going to lose my wonderful husband to this devastating cancer. Something that was totally preventable.”

A number of regulations have rightly been introduced in the past 90 years to try to limit people’s exposure, including in 1999 a full ban on its import, supply and use in manufacture. The Government’s current policy reflects HSE advice, which states that, wherever possible, asbestos-containing materials should be left in situ.

The Control of Asbestos Regulations 2012 provide the regulatory framework on working with asbestos and apply to all non-domestic premises. Under the regulations, the HSE requires duty-holders to assess whether asbestos is present in their buildings, what condition it is in and whether it gives rise to the risk of exposure. The duty-holder must then draw up a plan to manage the risk associated with asbestos. Importantly, that must include the removal of the asbestos, if it cannot be safely managed where it remains in place. Duty-holders are also legally required to remove asbestos-containing materials before major refurbishment or demolition work.

Despite those efforts, asbestos is still present in many buildings, and people are still suffering and dying from asbestos-related illnesses. We therefore need to take a look at what more we can do. I welcome the fact that the Work and Pensions Committee considered this subject as part of its 2022 report into the HSE’s approach to asbestos management. The Chair of that Committee, the right hon. Member for East Ham, is here, and I thank him for his dedication to highlighting this very serious issue, and for his support and assistance with today’s debate. I am sure that he will want to speak in more detail about the findings of the Committee’s report. However, I would like to mention two issues that were raised by the Committee and which Mesothelioma UK has highlighted in its new campaign, “Don’t Let the Dust Settle”.

The first of those is the Committee’s recommendation that a central asbestos register is introduced. The lack of in-depth and up-to-date data is proving to be a barrier to dealing with the risk posed to the public. A central register would help to alleviate that problem and support a longer-term strategic approach to managing asbestos. It would also provide vital information on the level of compliance by those with a duty to manage asbestos on their premises, and ensure that enforcement action is focused in the right areas.

As one respondent to my survey put it:

“The existence of asbestos in public and private buildings is rife yet there is no proper cataloguing of this or scheme to remove this highly dangerous substance. The hospitals caring for people with asbestos related cancers are full of the very substance that is killing them. There is a need to systematically catalogue and schedule a programme of removal of asbestos from all buildings”.

Without a register and steps being taken to remove asbestos, the British Occupational Hygiene Society estimates that we are likely to see a spike in occupational, and potentially non-occupational, illness arising from asbestos exposure in around 2060. I would therefore be grateful if the Minister reconsidered the Government’s position on a national register.

The other recommendation from the Committee is that a deadline is set for the removal of all asbestos from non-domestic buildings. That approach would bring our strategy in line with that of France, where a general plan has been implemented to remove asbestos from every building within 40 years. Under the Health and Safety at Work etc. Act 1974, the UK is obligated to seek out and adopt international best practice. Currently, the classification of acceptable exposure levels to asbestos fibres in the UK is 10 times greater than that now allowed across Europe.

The current way to deal with asbestos—to leave it in situ—is clearly not working, given that the people affected by asbestos-related cancers are becoming younger and younger. Materials are degrading over time through wear and tear, and are being damaged inadvertently. Research published last year by the Asbestos Testing and Consultancy Association and the National Organisation of Asbestos Consultants identified that more than 70% of asbestos-containing materials managed in situ had deteriorated, indicating that management of the risk was ineffective.

We therefore simply cannot afford to delay asbestos removal further. That is particularly true in education and health settings where many of our most vulnerable stay, work and study. The majority of those who have contacted me ahead of the debate are in agreement that in order to deal with the current risk, we need a national asbestos strategy. That approach has proved effective in other nations, which have accepted that leaving asbestos in situ is not safe. Since developing national asbestos strategies, such nations have seen an improvement in their asbestos monitoring and detection technologies and practices. The UK needs its own asbestos strategy that incorporates this best practice, as well as a timetable for the safe removal of asbestos, prioritising the highest-risk asbestos in settings such as schools and hospitals. Taken together, those two actions will help to focus minds across Government and industry, and will help to drive progress.

I will close with extracts from a statement provided by another of my constituents, whose husband died of mesothelioma after being exposed to asbestos. Her husband said before his death:

“I was never told about any risks of working with asbestos. The environment was so dusty that sometimes you could struggle to see clearly. It was therefore obvious to me that health and safety was being ignored.”

My constituent said later that her husband

“was 69 when he died from Mesothelioma…We had been married for 45 years.”

She continued that he

“was a family man who always put others first. His death from this terrible disease has deprived me of a loving husband and friend, his daughters of a wonderful father and my daughters’ children of an amazing grandad.”

The grandfather of one of the members of my team also died from mesothelioma. We must put a stop to this. Please, don’t let the dust settle.