Meeting of the Parliament [Draft]

Meeting date: Thursday, June 27, 2024

Official Report 988KB pdf

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Action Mesothelioma Day 2024

The next item of business is a members’ business debate on motion S6M-13487, in the name of Marie McNair, on action mesothelioma day 2024. The debate will be concluded without any question being put.

Motion debated,

That the Parliament recognises Action Mesothelioma Day 2024, which is on 5 July 2024; understands that mesothelioma is a rare cancer that is usually caused by exposure to asbestos, with tiny fibres getting into the lungs and damaging them over time; notes that the cancer most commonly occurs in the lining of the lung, but can also occur in the lining of the abdomen and the lining of the heart, with symptoms including shortness of breath, chest pain, coughing and tiredness; understands that there are around 2,700 new mesothelioma cases in the UK every year, including around 200 in Scotland; recognises that Action Mesothelioma Day is a national event to raise awareness of asbestos and mesothelioma, raise vital funds to support the research into tackling mesothelioma, and to remember and support those who have been affected by the disease; notes with interest that a £2.1 million Cancer Research UK grant has been awarded to the University of Glasgow with the aim of answering the question of why it can take decades for exposure to the fibrous mineral to develop into cancer; applauds the long-standing and ongoing work of the Clydebank Asbestos Group, which has provided information and support to people with asbestos-related conditions for over 30 years; notes the calls for continued research into mesothelioma, and hopes for a successful Action Mesothelioma Day 2024.

14:30  

I am pleased to lead our debate on action mesothelioma day for a third year. The issue is of huge importance to my constituents, so I will continue to raise asbestos-related issues and seek truth and justice as often as I can.

I thank my parliamentary colleagues for their support in signing my motion. Asbestos campaigners deserve cross-party support, so I call on Labour, Liberal Democrat and Alba members to sign the motion, too.

Mesothelioma is a cancer that is usually caused by exposure to asbestos fibres. I congratulate ActionMeso and all the support groups up and down the country on their efforts in raising awareness of the disease. As part of that, members of the public are encouraged to “Go Blue for Meso”. In that regard, given that the United Kingdom general election will be happening soon, I think that it is just as well that action mesothelioma day will be on 5 July and not before.

I welcome the Clydebank Asbestos Group to the public gallery and thank it for supporting today’s debate. It has been assisting asbestos victims for more than 30 years and has campaigned tirelessly for truth and justice. It is there, and it is always there for my constituents at their time of greatest need. I thank the group for everything that it does, and I cannot stress enough that I am on its side.

Unfortunately, since our previous meso debate, two members of the group who were instrumental in the tenacious fight for truth and justice—Bob Dickie and Hope Robertson—have passed. I thank all the MSPs who signed my recent Scottish Parliament motion paying tribute to them. It was an honour to present copies of the motion to the families on international workers memorial day.

Sadly, just this month, Bob Dickie’s wife, Isabel, also passed away. I know that the Clydebank Asbestos Group was heartbroken by that news, and I am, too. I knew Isabel well, and although Bob is famous for his role as Clydebank convener during the Upper Clyde Shipbuilders work-in, it was no surprise to read recently in the book “Crisis on the Clyde” by Jack McGill about Isabel making up the pay packets for the workers with money from the fighting fund.

It is right that I, as the MSP for Clydebank and Milngavie, highlight industry on the Clyde as part of this debate, because the unwanted legacy of Clydebank’s industrial heritage is extremely high levels of mesothelioma in our town. Clydebank was once described as the mesothelioma capital of Europe due to its having the highest death rates. More recently, Health and Safety Executive statistics showed that the local government area that covers Clydebank has the second highest male mesothelioma death rate in the United Kingdom, and it also has the highest female mesothelioma death rate in Scotland and the fourth highest in the UK.

John Brown & Company’s shipyard, the Singer sewing machine factory and Turners Asbestos Cement Company employed many folks from our town. Unfortunately, those industries prioritised profit and production over the safety and welfare of workers. The testimonies from workers at the asbestos factory in the book “Lethal Work: A History of the Asbestos Tragedy in Scotland” by Ronald Johnston and Arthur McIvor make horrendous reading, with one worker noting:

“When you went in the door of Turners asbestos there was a Factory Act with all the stuff. The only problem was that you couldnae see through it with the layer of asbestos cement on the glass”.

The risk to workers’ families is clear, too, with the wife of one of the workers saying, about asbestos dust:

“I used tae take his overalls and take them out tae the stairs and brush them before I could wash them”.

The irony of a national health service hospital now being located on the site of the old asbestos factory is not lost on my Clydebank constituents. It is no wonder that I support the Scottish Hazards group’s call for the devolution of health and safety law as, even now, the legislation needs to be strengthened.

We need to respond to the crime of asbestos exposure in several ways. Cancer Research points out that only four in 10 people who are diagnosed with mesothelioma in Scotland survive their disease for one year or more. Searching for new treatments is vital, so I thank Cancer Research and the Scottish mesothelioma network for the work that they are doing on clinical trials, early detection and better treatment.

Cancer Research highlights that mesothelioma can take more than 40 years to develop. For me, that raises a big concern with regard to people who are now being diagnosed with mesothelioma, because there is often no evidence of those people having an industrial workplace history.

I have raised a case in the Parliament from the Clydebank Asbestos Group involving a woman in her thirties who feels that her exposure happened in the school that she attended. There is growing evidence to support asbestos exposure across a range of public buildings and others as the cause of contracting asbestos cancers. That is why I have called for the phased removal of asbestos from the built environment, starting with schools. The Cabinet Secretary for Education and Skills has agreed to meet me and the Clydebank Asbestos Group about that.

We must deal with asbestos on all fronts, and we must support those who are diagnosed with mesothelioma and other asbestos-related illnesses by offering help when it is needed. That includes providing a fair and just social security and compensation system.

It is a disgrace that, despite being in place since 1948, the industrial injuries scheme has been left largely unreformed, and decades have been wasted with regard to including other asbestos-related cancers and ending the exclusion of women from entitlement. Department for Work and Pensions closures have removed expertise and caused delays that penalise those with mesothelioma, when time is, unfortunately, not on their side. We must work together to ensure that the new employment injury assistance scheme is designed to provide wider, more compassionate and quicker support, which is currently denied to many under the UK scheme.

The potential for people to be denied justice because of a three-year time bar has no place in a just compensation system. The Scottish Law Commission report on that issue, which is due to be published very soon, can provide solutions to that injustice.

I have sought assurances in the Parliament that the Scottish Government will act quickly to implement any proposed recommendations and draft legislation. The current position of some asbestos victims losing out must end once and for all.

We must keep going and make more progress. Compassion and the demand for truth and justice should drive the way forward. Any other approach should not, and will not, be forgiven.

14:38  

I am pleased to speak in the debate, which marks action mesothelioma day 2024, and I thank Marie McNair for bringing this important members’ business debate to the chamber once again, for the third year in a row.

Mesothelioma is a rare and aggressive form of cancer, and it is one of the most important issues that I have dealt with in my role as co-convener—along with the other co-convener, Emma Harper—of the cross-party group on lung health. I therefore welcome the fact that members have the opportunity to speak on this issue before the action day takes place on 5 July.

As we have heard, the disease affects households and individuals across the whole of Scotland and the United Kingdom, but certain areas have historically been far more affected. For example, statistics published by the Health and Safety Executive show that Fife, which is part of my region, is one of the areas with a high prevalence of the disease, and almost 500 people there have died from the condition since 1981. That is a large number of individuals.

The help and advice that are provided by support groups operating in communities across Scotland are key to taking on the issue. Marie McNair spoke about the individuals from Clydebank Asbestos Group, in her constituency, and I, too, am delighted to see that some of them have come here this afternoon. I take this opportunity to pay tribute to the fantastic work that the group does in supporting individuals.

Likewise, I pay tribute to an organisation in my region, Breathe Easy Clackmannanshire, based in Alloa, which supports the work of the British Lung Foundation and provides services for those facing lung-related health issues. Just last year, the group launched its befriending service, which allows it to reach out to individuals who are unable to attend some Breathe Easy sessions in person, as the service gives people who are housebound the opportunity to have a connection and to be involved. All too often, sufferers feel that they are on their own, and it is important for as many people as possible to know that support is just a phone call away, giving them moral support in facing the condition and assuring them that they are not on their own.

We know that the disease does not just affect a victim’s physical health; it takes a toll on their mental wellbeing, too. The support and empathy that small dedicated organisations provide, in towns and cities right across Scotland, is vital in the fight against the disease.

In increasing awareness of the disease and its effects, it is important that we have initiatives such as the action day. Too often, we hear stories of individuals who do not speak up or seek help, dismissing their pains or symptoms as not being of a serious nature, but they then find that it is too late to get things done. The Parliament has a role to play in increasing awareness.

We must continue to advocate policies that can better protect people from asbestos exposure, and we must continue to educate the public on the dangers of the condition. There are many steps that need to taken and put in place, such as better support for patients, more focused research and improved safety regulations. Those will happen only if the Parliament continues to make its voice heard. Indeed, I pay tribute to Marie McNair for being one of the voices year on year.

I welcome today’s debate, and I join other members in pushing for further action on the issue. It is important to each and every one of us that we protect and support our constituents in our regions and constituencies from this awful condition.

14:42  

As always, it is a privilege to speak in this debate to mark action mesothelioma day. I pay tribute to my colleague Marie McNair for securing this important debate, for continuing to highlight the issue over the years and for her continued dedication and support on the issue.

As the motion states, mesothelioma is a rare cancer that is usually caused by exposure to asbestos. Although the dangers associated with asbestos exposure were first discovered at the beginning of the last century, it was not until the 1950s and 1960s that the link between exposure and mesothelioma was firmly established. Since then, there has been progress through the dedication of groups such as Action on Asbestos, Clydebank Asbestos Group and other dedicated campaigners. They have been invaluable to the progress made, and I commend and thank all those involved for all their work. I also thank the various Scottish Governments that have committed much to tackling mesothelioma and the effect that it has on all those who are affected by it.

As we have entered this century, our understanding of mesothelioma has evolved. Something that was once solely associated with the heavy industries is now predominantly seen in relation to the construction industry, where joiners, electricians, plumbers, painters and labourers all used asbestos, or were in proximity to those using it, in the building of houses, schools and hospitals.

Another worrying trend is beginning to emerge, in that the asbestos materials that were used to build those houses, schools and hospitals became damaged and degraded pretty quickly. Now, the occupiers and users of those buildings are paying the price. That is coupled with the historical growth of women in the workplace. That is a good thing but, sadly, we are now seeing a rise in female cases of mesothelioma and other asbestos-related illnesses among those who worked in education settings in particular. As I understand it, Thompsons Solicitors is currently working on the cases of 76 women, with eight of those being for teachers who have the illness or who have died from mesothelioma. There are also cases relating to the exposure of tenants in local authority housing.

It is imperative that those new trends are taken into account in further developing the Government’s strategy on dealing with people affected by this illness. I urge the minister to acknowledge that in her remarks.

I also ask the minister for her views on the worrying news that the UK Industrial Injuries Advisory Council has proposed new recommendations for those suffering from pneumoconiosis. If the incoming UK Government adopts those recommendations, it will have a devastating effect on those suffering from asbestosis illnesses, who will see a possible 14 per cent reduction in their industrial injuries disablement benefit. I am sure that the minister will agree that we need to do more, not less, to support victims and their families, who are suffering through no fault of their own. As the Cabinet Secretary for Social Justice said in her ministerial foreword to “Next steps on delivery of Employment Injury Assistance”, the Scottish Government has, since 2016,

“delivered 14 new social security benefits, 7 of which are completely new, and established Social Security Scotland as a new public service founded on the principle of treating people with dignity, fairness and respect.”

That is something that all those suffering from mesothelioma and other related illnesses most certainly deserve.

14:46  

I thank Marie McNair for securing this important debate again this year. On behalf of Scottish Labour, I welcome action mesothelioma day 2024, which we will mark next Friday.

As we have heard, mesothelioma is a rare and hard-to-treat form of cancer. Asbestos was banned more than a quarter of a century ago, but many worked in environments where it was present, and it can still be found in buildings across Scotland. As other members have said, the issue needs to be taken very seriously by Government. Each Government, whether at UK or Scottish level, must do all that it can to ensure that we get rid of this. Almost 3,000 new cases are diagnosed every year in the UK—200 of them in Scotland—so it remains of the utmost importance that we raise awareness of the symptoms of the illness and encourage people to be cautious and have their symptoms checked, because, as with other forms of cancer, identifying the illness quickly can prolong life.

It should not go unmentioned that mesothelioma is in many ways an industrial illness. Asbestos was prominent in mining, and it is therefore no surprise that former coalminers and their families have been asking for protection and compensation right up until today. As others have said, as the impacts of the environment in which miners worked became more apparent, they realised the connection. I fully support those calls from miners, who played such an important role in this country’s industrial heritage and risked their lives in what were often unsafe environments. Miners and their families really created a spirit in their communities, and it is right that we stand with them in times of illness, particularly illness related to the work that they did.

I want to emphasise a key part of the motion, which is the focus on investing in research. Improving our knowledge base and understanding of an illness is the only way in which we can truly tackle it. Mesothelioma, like other cancers, is a complex illness, with tiny fibres getting into the lungs and damaging them over time. As we have heard, that is due to exposure to asbestos. As we mark this action day, we must redouble our efforts to secure investment in research in the hope that we can effectively support those who are affected by this terrible disease. I share Marie McNair’s interest in the significant grant that Cancer Research UK has given to the University of Glasgow to conduct studies to further understand why it can take so long after exposure for cancer to develop. The research work is necessary. With it, alongside the efforts of this place, and the work that is going on in many of our communities—many key groups working with those affected by asbestos are in the gallery—we can effectively raise awareness of symptoms and, I hope, improve outcomes in the long term.

I again thank Marie McNair for bringing the debate. As has been said, this action day cannot be just a one-off event. We MSPs must come together and work together. We must take a united position in the chamber and work to make proper developments in research to support those who are already suffering from the condition and to tackle the big issues that the Governments of this country need to look at in the long-term to ensure that we reduce and eradicate this dreadful disease.

I commit my party to those efforts and I look forward to hearing other members’ contributions.

14:50  

I refer members to my entry in the register of members’ interests, as I am a lifetime honorary member of Action on Asbestos.

I congratulate Marie McNair on securing this important debate. As she highlighted, asbestos-related conditions—in this case, mesothelioma—are still highly prevalent in society. Mesothelioma has no cure, and it does not solely affect people who have worked in our traditional industries.

The Cancer Research UK briefing for today was interesting and helpful. I will quote a few things from it throughout my contribution. The first couple of points that it is important to put on the record are:

“Only around 4 in 10 (44.3%) people diagnosed with mesothelioma in Scotland survive their disease for one year or more so the search for new treatments is vital”

and

“The UK currently endures the highest incidence of mesothelioma worldwide, with the disease more prevalent in men due to occupation-related exposure, and rates significantly higher in the West Coast of Scotland than the Scotland average with around 100 of the 200 new cases in Scotland each year in the region.”

As I said in the debate last year, I will never understand why there was such a laissez-faire attitude from Governments with regard to health and safety in society when it came to asbestos.

I recognise the importance of marking days such as action mesothelioma day to remind us that there is still a lot more to be done in that area. That is particularly important in my constituency of Greenock and Inverclyde. As the Cancer Research UK briefing indicates,

“There was widespread industrial use of asbestos between 1950 and 1980, particularly in Glasgow and the surrounding area, as the material was manufactured in towns such as Clydebank and used in much heavy industry like ship building, which the River Clyde was famed for.”

My area was built on shipbuilding and heavy engineering. Over my 17 years as a parliamentarian, I have dealt with a number of constituents who have had asbestos-related conditions, and I have raised the issue in the Parliament, as members will be aware, Bill Kidd touched on some of the health and safety aspects of asbestos, but the fact that we are still talking about it in the Parliament and in society is sad, disheartening and frustrating.

The amount of investment that goes into finding solutions and cures, to make life better for people with asbestos-related conditions, is absolutely crucial. The Cancer Research UK briefing indicates a couple of examples. The more such investment that can go in, the better.

I have touched on my assistance to constituents, but I also put on the record the long-standing and invaluable work of Action on Asbestos in helping many people across the country. Its work and campaigning have led the way in providing support for people with asbestos-related conditions and obtaining financial recompense for them.

As was touched on in my speech in last year’s debate, the Scottish Law Commission’s 11th programme of law reform was put out for consultation in 2022, and the report is due to be published by mid-2024. I suspect that purdah rules have probably got in the way of its publication, but I look forward to reading about the area of personal injuries. I have spoken to Lady Paton about that, because I know that she was interested in and supportive of it.

Our generation owes past generations for the efforts that they put in to build and rebuild the communities that we have today. It is therefore up to us as a society—not just in Scotland or the UK, but elsewhere—to do whatever we can to help people.

I again thank Marie McNair for securing this hugely important debate on action mesothelioma day.

14:54  

I remind members of my voluntary register of trade union interests.

I thank Marie McNair for once again lodging this motion for debate this year. It has become something of a custom for her to do so, and something of a custom for this debate to take place every year as one of the final acts on the final day of Parliament before we go into summer recess.

But a part of that custom is missing this year, because Bob Dickie is sadly no longer with us. One of the outstanding leaders of the remarkable and historic Upper Clyde Shipbuilders work-in, in the half a century that followed, Bob Dickie never gave up on either the conviction of his principles or the depth of his determination—and nowhere more so than in his tireless campaigning for truth and justice for asbestos and mesothelioma sufferers and their families. I am reminded of E P Thompson, who, on the passing of Raymond Williams, wrote:

“It is as if a fixed point in the landscape has suddenly dissolved.”

That is what it feels like for many of us today.

One of the certainties that Bob was so very clear about was this: we live in a class-based society. There is a class divide. We have an economic system based on the legalised right for those who own the wealth to exploit those who create the wealth in order to enrich themselves. One facet of this is the negligent exposure of working women and men to toxic hazards, to deadly risks, to killer diseases at work.

Mesothelioma is, by any measure, one of the most awful ways to die. Survival rates are poor—death follows quickly after diagnosis. That is why, next Friday, on action mesothelioma day, we will pay tribute to Action on Asbestos, to the Clydebank Asbestos Group and to all of those campaigners for all of the work they do all year round, but we will also remember our families, our friends, our comrades and all of those we have known who have been lost to this terrible disease. It is because of them that we keep fighting on.

And there remains much unfinished business. Most recently, we have seen the family of the late Robert Crozier being forced to challenge his former employer Scottish Power UK plc in court battle after court battle, despite having previously settled a damages claim for pleural plaques and asbestosis in 2014. So, despite accepting fault and admitting negligence, Scottish Power has been obstructing the claim of Robert Crozier’s immediate relatives to damages for the mesothelioma which he died of in 2018.

Just a few days ago, the inner house of the Court of Session under Lord Carloway refused Scottish Power’s latest appeal in this case. So I say to Scottish Power from the Scottish Parliament: why are you resisting? Stop serving the narrow interests of your shareholders and the insurance industry, and start serving the wider interests of your workers, their families and the ends of justice. And I say to the Scottish Government: get on with the Scottish Law Commission’s recommendation. Sweep away the single action rule once and for all, and stop leaving it up to families like the Croziers to take on a multinational corporation and an army of lawyers simply to get what they are due.

Finally, Presiding Officer, a week today, people will go to the polls. It will be a chance to overturn the culture of deregulation, to strengthen the rights of working people, to repeal anti-trade union laws and to extend the power of health and safety at work. That is what is at stake, and I hope it is a chance that people will seize.

14:59  

I, too, thank my colleague Marie McNair for bringing her motion to the chamber for debate, and I recognise the work that she does to support people who are living with mesothelioma to seek truth and justice. I also recognise the work that Alexander Stewart and Emma Harper do in that area, as members of the cross-party group on lung health, and I acknowledge the valuable contributions that my colleagues have made to today’s debate.

I take the opportunity to join others in congratulating Marie McNair on securing this important debate and to offer the support of Scottish Liberal Democrats for the action meso—I cannot even say it—day.

I thank Beatrice Wishart for that contribution. The fact that this is the third year in which Marie McNair had led a debate on such a motion underlines the importance of continuing to raise awareness and keep the pressure on to ensure that people who are living with the condition, and their families, are supported properly.

I think that I might have said this last year, but I was first introduced to meso—I cannot say it either, so I will just say meso—by my husband, who was making a documentary about Clydebank for BBC Scotland. The stories and experiences that he came home with have stayed with me for a number of years—almost three decades.

On behalf of the Scottish Government, I recognise everyone who is affected by this type of cancer, who include not just the individuals who are diagnosed but their loved ones. Adjusting to a cancer diagnosis is never easy, and that can be especially true for rarer cancers, which can leave individuals feeling isolated and worried at an already very distressing time. I therefore thank the third sector organisations and groups that provide valuable information, help and support to anyone who has been affected by meso and asbestos-related conditions.

The importance of Meso UK’s annual action day to raise much-needed awareness of this cancer cannot be overstated, and I am delighted that the Scottish Government will be going blue for meso by lighting up St Andrew’s house and Victoria Quay.

I give special thanks to the Clydebank Asbestos Group, which, I am very pleased to note, has been able to join us today, and I pass on my heartfelt condolences for the loss of the group’s key activists. I say to its members: I know that you will continue in their name with them sitting on your shoulders.

I also thank the Less Survivable Cancers Taskforce for its work, and I note the work of Alexander Stewart’s group in Alloa.

As I have said, the work of third sector, community and social care partners is absolutely critical in supporting those who are affected by meso, alongside our NHS, and they play a vital role in supporting and signposting the work of the Scottish Meso Network. The network, which works in partnership with Macmillan Cancer Support, Meso UK and NHS Scotland, is made up of a team of clinicians from across Scotland who collaborate to share best practice and provide high-quality clinical care, information and support. The network ensures that all patients have equitable access to potentially life-changing clinical trials, where treatment options are otherwise extremely limited.

Widespread exposure to asbestos in the past is known to be a major contributing factor to people developing meso. I note the contributions of all the members who reflected on that. As well as seeking to prevent exposure to asbestos, which has been banned in the UK since 1999, the Scottish Government remains committed to ensuring that appropriate medical care is in place for those who have been affected by asbestos exposure. We also ensure that individuals have appropriate rights to compensation.

In response to Bill Kidd’s point about the Industrial Injuries Advisory Council, which is a UK Government body, I point out that Scotland has separate legislation to support people who have been affected by asbestos, and that the Scottish Government would expect the UK Government to consider fully the consequences of accepting any recommendations that would have an impact on people who receive industrial injuries disablement benefit.

The Scottish Government is committed to ensuring that our replacement benefit—employment injury assistance—better meets the needs of disabled people in Scotland, while protecting current payments, which is, as always, our utmost priority. Although it will take time to deliver a fully modernised benefit, our consultation, which closed this week, is an important first step in the wider reform of the UK scheme. In the meantime, we continue to monitor on-going research by the UK advisory council.

The law relating to secondary exposure has developed over recent decades and we are encouraged to see that those who have been affected are increasingly recognised. Where existing asbestos remains, licences are required to work with that and strict control measures, including personal protective equipment such as respirators, are used. Although those positive preventative policies are now in place, the unfortunate reality is that more individuals will continue to develop meso due to the prolonged period between initial exposure and diagnosis, and that we expect to see a rise in the number of cases in Scotland in years to come.

That is why, as Marie McNair, Carol Mochan and others all did, I welcome the £2.1 million awarded by Cancer Research UK to the University of Glasgow to fund research on how exposure to asbestos can go on to cause meso years later. It is hoped that continuing research will improve our understanding of this cancer, making it easier to detect and treat earlier, before symptoms appear, and offering better treatments and quality of life to those who are diagnosed.

Our 10-year cancer strategy focuses on preventing more cancers, detecting them earlier and improving outcomes, with a particular focus on the less survivable cancers. Over the next 10 years, our strategic aim is to improve cancer survival and provide excellent equitably accessible care.

I offer my sincere thanks to members who contributed to today’s debate and to all the organisations offering vital support services to those affected. I support action mesothelioma day 2024 in raising the profile of that cancer to drive research and awareness. As Alexander Stewart said, we must advocate to protect, and the Scottish Government remains committed to improving outcomes for people affected by all types of cancer.

That concludes the debate on action mesothelioma day 2024. There will be a brief pause to allow the front-bench speakers to change before we move to our final debate.