Minister brings asbestos-related cancer compensation plans

Thursday 15 November 2018

Sufferers of cancers related to asbestos exposure could receive compensation from October next year.

Deputy Judy Martin, the Minister for Social Security, has backed the idea of providing compensation to victims of Mesothelioma - an incurable form of cancer linked with asbestos exposure that can lead to severe chest pain, breathing difficulties and death.

It comes following a significant public campaign and an island-wide e-petition that secured over 1,000 signatures in favour of a financial award to sufferers. In response, Deputy Carina Alves brought proposals to the States for a scheme "to provide compensation to every victim of Mesothelioma who was infected following exposure to asbestos in Jersey."

Yesterday, Deputy Martin backed the idea, but suggested some changes before politicians vote on the idea this coming Tuesday in the next States Assembly sitting.

In a report explaining her amendments, she said that a number of elements need to be considered before a scheme can be established. These include how long a patient would need to have worked and resided in Jersey to become eligible for compensation, the level of the compensation and how "exposure to asbestos" would be determined. 

It also needs to be decided whether the scheme will apply retrospectively and, if so, how long will patients or their families may be entitled to make a claim. Deputy Martin also wants to clarify whether compensation should only be provided if it hasn't been possible for the patient to bring a civil action and, in cases where the patient has been paid compensation in civil proceedings, if the scheme should recover the sums paid.

Pictured: Deputy Judy Martin, the Social Security Minister, is suggesting the compensation scheme starts in October 2019.

While Deputy Alves' proposition focused on sufferers of mesothelioma, Deputy Martin says that a discussion is needed around the possible inclusion of other respiratory or lung diseases caused by the inhalation of asbestos to the scheme. She also added that she will continue "to consider the need for a wider industrial injuries compensation scheme as part of the ongoing Social Security Scheme review."

The Minister for Social Security explained that "given the complexity and sensitivity of this subject" the scheme could not be implemented in April 2019, as requested by Deputy Alves. Deputy Martin argued that an early launch would cause "significant negative impact on other key services." 

Deputy Martin only wants to launch the scheme after permanent funding has been agreed and is therefore suggesting that it starts from 1 October 2019. This means that the scheme, which will require "sustainable funding", could be included in the 2020 Government Plan, due to be debated in September 2019. 

In addition, the Social Security Minister will ask the Minister for Treasury and Resources, Deputy Susie Pinel, to identify additional funding to cover any additional costs over Social Security's budget.

Deputy Martin's report states that the number of confirmed diagnoses in Jersey is expected to be small, with fewer than five people a year affected. All individuals diagnosed during 2019, ahead of the scheme's launch, would still be eligible to join the scheme.

FIgures released under the Freedom of Information Law in September last year showed that 30 unique patients had been diagnosed with asbestos-related cancer in Jersey since 2011.

Pictured: Deputy Carina Alves submitted a proposition to compensate every victim of mesothelioma was infected following exposure to asbestos in Jersey in October.

Deputy Martin's propositions come just over two months after a petition demanding a compensation scheme for victims of cancers linked with asbestos exposure reached over 1,000 signatures. It was launched by campaigner June Summers-Shaw, who lost her husband, Keith Shaw, a local teacher at St. Helier Boys’ School and lecturer at Highlands College, to the disease in 2012, and was the first one to receive a Ministerial response.

The petition followed the efforts of Brian Coutanche, a former construction worker suffering from mesothelioma, who raised the profile of the issue locally before passing away.

It also came as the family of an airport worker who died of an asbestos-related disease attempted to sue his former employer, the States of Jersey, Ports of Jersey, and his insurance company for compensation. Former aircraft engineer Graham Huelin died of mesothelioma on 20 December 2014 aged 79. He had worked for Air UK at the airport from 1950 until 1966, during which time it's alleged he came into contact with cancer-causing material asbestos present in the roof, walls and drainpipes of the hangar where he worked.