Kenny MacAskill: Asbestos ruling must bring swift settlements

First, it’s a welcome victory for the many hundreds of people in Scotland with pleural plaques, and for all those who campaigned tirelessly on their behalf, like Clydeside Action on Asbestos and the late campaigning lawyer Frank Maguire.

But it also clearly affirms the primary law-making powers of Holyrood and the status of acts of our national parliament.

Ever since the House of Lords ruled in 2007 that asymptomatic pleural plaques should not give rise to a cause of action for damages in England, the Scottish Government has been determined to ensure that decision does not have effect here.

We brought forward legislation in the belief that our action was both right in principle, and right in law.

In 2009, our bill was passed with overwhelming support in the Scottish Parliament, and legal challenges brought thereafter by insurance companies were rejected by both the Outer and Inner Houses of Scotland’s Court of Session.

The decision by the UK Supreme Court is a triumph for the progressive politics that saw parties unite to do the right thing and help those who have developed pleural plaques as a result of negligent exposure to asbestos.

We believe that people with this injury – who are 1,000 times more likely to develop mesothelioma, an asbestos-related cancer, than the average person – should be able to raise a claim for damages.

Indeed that was a right that had been understood to exist for some 20 years before the House of Lords’ 2007 judgment.

So we are delighted that this decision has gone in favour of the victims.

It is just unfortunate that it took a costly and protracted court case. I hope the insurance companies will now reflect on the decision and settle those claims that have been stalled for so long.

• Kenny MacAskill is justice secretary