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Meeting of the Parliament

Meeting date: Thursday, June 29, 2023


Contents


Action Mesothelioma Day 2023

The Deputy Presiding Officer (Liam McArthur)

The next item of business is a members’ business debate on motion S6M-09075, in the name of Marie McNair, on action mesothelioma day 2023. The debate will be concluded without any question being put. I invite those members who wish to participate in the debate to press their request-to-speak buttons now or as soon as possible.

Motion debated,

That the Parliament recognises Action Mesothelioma Day 2023, which is on 7 July 2023; understands that mesothelioma is a rare cancer that is almost always 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, cough and tiredness; understands that there are around 2,700 new mesothelioma cases in the UK every year, including over 200 in Scotland, which is the highest number in Europe, with at least a further 2,000 cases of lung cancer that are likely to be caused by asbestos exposure; 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; applauds the long-standing and ongoing work of Clydebank Asbestos Group, which has provided information and support to people with asbestos-related conditions for over 30 years; notes the need for continued research into mesothelioma, and hopes for a successful Action Mesothelioma Day 2023.

13:59  

Marie McNair (Clydebank and Milngavie) (SNP)

I am delighted to have secured this debate to mark action mesothelioma day on 7 July. I thank those members who supported my motion, and I welcome their intention to speak in the debate.

It is important that we again approach this issue on a cross-party basis. I acknowledge the contributions that have been made by members from all parties to keep our focus on mesothelioma and the wider impact that asbestos has had on our constituents.

I welcome members of the Clydebank Asbestos Group to the Parliament. Presiding Officer, I know that you and all members here in the chamber are pleased that they are able to join us. [Applause.]

We in Clydebank and Milngavie owe the group a debt of gratitude for the work that it has done for people who have been impacted by asbestos and the compassionate support that it gives to their families and other loved ones, often at very difficult times, as well as providing excellent and compassionate support. Its determination for truth and justice is resolute and strong.

I also welcome to the gallery members of the Clydebank group holiday project who have travelled through to support the debate.

Action mesothelioma day 2023 seeks to raise awareness of the disease. I congratulate ActionMeso and all other support groups up and down the country for their determined efforts to raise such awareness. As part of that campaign, we have been asked to turn landmarks blue. I am pleased to advise members that the Clydebank district heating centre, which is on the site of the former John Brown & Company shipyard, will be lit up blue on that day, as will the Beardmore’s sculpture in Dalmuir, which depicts HMS Ramillies.

Mesothelioma is a cancer that is caused by exposure to asbestos fibres and begins to grow in the linings of certain organs. It most commonly affects the linings of the lungs but can also affect the linings of the abdomen or the heart. It has a long latency period. Worldwide Cancer Research states that it can take anywhere from 20 to 50 years from first exposure to asbestos until a diagnosis of mesothelioma. It is an incurable disease, but some people can survive for many years after diagnosis.

I welcome recent developments in treatment and research, and I commend Scottish Mesothelioma Network, Mesothelioma UK, Cancer Research UK campaigners and health professionals for all their work, the importance of which we cannot overestimate.

The most appalling fact about mesothelioma is that it is preventable. Cancer Research UK estimates that there are around 2,700 new cases in the United Kingdom every year, which is the equivalent of more than seven per day. The latest Health and Safety Executive statistics show that the local authority area that covers Clydebank has the second-highest death rate for males and the fourth-highest death rate for females in the UK. Clydebank was once known as the mesothelioma capital of Europe because of its high mortality rates—a horrible description that, for us, hides the real person behind each number.

Our industrial history is the main reason for that unwanted legacy for our town. John Brown & Company’s shipyard, the Singer sewing machine factory and Turners Asbestos Cement Company’s factory were all examples of industries that often put the prioritisation of profit and production over the safety and welfare of workers.

In their book “Lethal Work: A History of the Asbestos Tragedy in Scotland”, Ronald Johnston and Arthur McIvor illustrated the dreadful work conditions that were experienced by many people in the shipbuilding industry. One lagger whom they interviewed gave a horrific account of his job:

“You opened the mat up and you left enough so you could stitch it up. You filled it with asbestos”,

folded the cloth and

“patted it all to try and make ... it ... the same ... sometimes it was hard stuff so you got big lumps of wood and you battered it ... You worked in a fog making this up.”

Those conditions were appalling and were responsible for the murder of many people from our town.

Some exposures to asbestos that have caused mesothelioma are not linked to our industrial history. Cases have emerged of younger people being affected, with one person having been supported by the Clydebank Asbestos Group after being diagnosed at just 30 years of age.

The Health and Safety Executive also reports evidence of young teachers being diagnosed with mesothelioma. That questions the continued wisdom of the HSE’s advice that asbestos being held in situ in the built environment provides the least risk to exposure.

Instead, consideration needs to be being given to a programme of phased removal of asbestos from all public buildings, starting with schools. I call on the Scottish Government to work with the Convention of Scottish Local Authorities and the Health and Safety Executive to bring that to fruition. That will be the best way to reduce exposure and further cases of mesothelioma.

The support that we give to those who have been impacted by the disease also requires us to have a social security system and legal compensation schemes that are there for people at their time of greatest need. I have listened to the Clydebank Asbestos Group talk about the running down of the Department for Work and Pensions industrial injuries disablement benefit office at Phoenix house in Barrow. Although the issue concerns a reserved matter, I have raised it in the Scottish Parliament and colleagues have raised it at Westminster. The refusal to U-turn on that decision is very disappointing. The transfer of the benefit to Scotland allows us to devise a modern system that will be more receptive to needs, once the full and safe transfer of cases has taken place. I have already secured a meeting at which the asbestos group gave its clear views to the minister, and I look forward to that dialogue continuing.

I also welcome Mark Griffin’s contribution in the form of his bill, which seeks to create a Scottish employment injuries advisory council. As a member of the Social Justice and Social Security Committee, I look forward to taking evidence and scrutinising that member’s bill.

The three-year time bar for compensation must end. Although the courts have the right to exercise discretion in those cases, the legal test is often failed. It cannot be right for justice to be denied in that way, which is why I have raised the matter in Parliament with the justice minister and have secured her commitment to hear from a delegation that will include members of the Clydebank Asbestos Group.

I am hopeful that the work done by the Scottish Law Commission will lead to positive recommendations to resolve the difficulties in raising proceedings in asbestos-related cases. If those recommendations move us to a better place, I want to see them implemented during this session of Parliament.

This debate is important to my constituents and to many others who are impacted by mesothelioma. We use it to remember those lost to that horrible and tragically preventable disease, and to thank people such as members of the Clydebank Asbestos Group, researchers and charities that fight with resolute dedication for better outcomes. We can thank them most effectively by acting where we can and by standing with them in their pursuit of truth and justice.

14:06  

Sandesh Gulhane (Glasgow) (Con)

I draw members’ attention to my entry in the register of members’ interests: I am a practising general practitioner in the national health service. In fact, when I was a junior doctor, I saw a lot of lung X-rays that showed the results of exposure to asbestos.

I thank Marie McNair for bringing this debate to Parliament ahead of this year’s mesothelioma day on 7 July. Mesothelioma is a devastating disease that continues to afflict countless lives. It is a rare and aggressive form of cancer that affects the lining of the lungs, heart or abdomen. It is primarily caused by exposure to asbestos and it demands our attention, empathy and action.

Mesothelioma day serves as a crucial reminder of the on-going struggle that patients, their families and medical professionals face in combating that merciless disease. It is my wish that we can shed light on its impact, foster understanding and advocate for better support systems and resources.

First, awareness is the cornerstone of progress. The more we understand mesothelioma, its causes, symptoms and effects, the better we will be equipped to address it. By disseminating knowledge about the risks associated with asbestos exposure, we can prevent future cases and protect vulnerable individuals, including workers who still use or handle asbestos. Educating the public, policy makers and employers about the dangers of asbestos and the importance of safety measures is crucial in preventing needless suffering.

Secondly, empathy and support are essential in the fight against mesothelioma. This disease does not only affect patients’ physical health; it takes a toll on their mental and emotional wellbeing. By extending our compassion and understanding to those who are impacted by mesothelioma, we can create a supportive environment where they can find solace, comfort and the strength to face their challenges.

Although there are local support groups, there are also online communities, counselling services and groups such as those represented here today. Through those groups, we can ensure that no one battles alone. Furthermore, research and innovation are vital in the pursuit of better treatments. Allocating resources to medical research institutions and universities enables scientists and medical professionals to make breakthroughs in understanding the disease and to develop more effective therapies. By supporting and funding research initiatives, we can accelerate the progress towards better treatment options and improved patient outcomes.

Finally, advocacy plays a vital role in shaping policies and regulations to protect individuals from asbestos exposure and support mesothelioma patients. By raising our voices and supporting organisations that are dedicated to mesothelioma advocacy, we can push for stricter safety regulations, improved compensation for affected individuals and increased funding for research and patient support programmes.

We can make a tangible difference to the lives of those who are impacted by this relentless disease. We should support all efforts to reduce mesothelioma to nothing but a chapter in the history of human suffering.

14:10  

Paul Sweeney (Glasgow) (Lab)

I am grateful for the opportunity to contribute to the debate, and I thank the member for Clydebank and Milngavie for bringing to the chamber the motion on mesothelioma. I echo colleagues’ comments in commending Clydebank Asbestos Group and Action on Asbestos for all the work that they have done to support people and their families in dealing with diagnoses of asbestos-related conditions for some three decades. My colleague the member for Dumbarton, who is a long-standing supporter of those organisations’ work, was disappointed not to be able to contribute to the debate.

We are all aware of the dangers of asbestos. In previous years, it was extremely prevalent because of its affordability and durability. Its prevalence in the United Kingdom and in Scotland in particular is in direct proportion to the extent to which our country was the first in the world to industrialise and went through the most intensive period of industrialisation in world history.

The industry in Scotland was world leading from the 1870s. There were about 60 asbestos manufacturing companies in Scotland by around 1914, the most notable of which were in the Glasgow area, including Turner & Newall in Dalmuir, Cape in Springburn and Marinite in Glasgow.

The fact that the UK Government was so late in banning the product has left a huge legacy that we are still dealing with today. We were one of the last countries in the developed world to ban the product. Blue asbestos and brown asbestos were banned in 1985, but asbestos products were fully banned only in 1999. That is why, even today, relatively young people are suffering from the horrendous effects of this toxic product.

Shipbuilding is one iconic example of an occupation that had high levels of asbestos exposure, as asbestos was used to fireproof high-heat equipment on ships such as steam turbines, incinerators and boilers. It was also used throughout ship shell plating for insulation and to line pipes for heat resistance.

When I was a young boy, my dad would come in from shifts at Yarrow’s and the powder would come off his overalls and his boiler suit. Young people—even children—can still be affected today because it was not just the people who worked on the shop floor or on board the ships who were exposed; the material that was carried home has caused terrible harms to family and friends who were in households.

Asbestos was ubiquitous across Scotland. Building contractors and housing contractors used it—even school chemistry laboratories had asbestos fireproofing—and it was used to insulate boilers. Asbestos was everywhere and still is everywhere.

It is worth noting that Scotland has the highest proportion of pre-1946 housing stock in Europe—the figure is 53 per cent, relative to 38 per cent in the UK as a whole and 22 per cent across the European Union. Asbestos is embedded across much of our housing stock, even to this day—it is still a live and present danger.

At the weekend, I was at an event at the King’s theatre, where the National Theatre of Scotland was doing a tribute to Billy Connolly. I distinctly remember him speaking at Jimmy Reid’s funeral about how it would be snowing asbestos on board the ships that he worked on at Alexander Stephen’s shipyard in Linthouse. His description was that people would come up for a cigarette and then go down for more fumes.

Shipbuilding was one of the most appalling industrial environments to work in anywhere in the world. Having worked in the industry, I know that there is a lot of romance around it. Great improvements have been made, but it certainly is not a pleasant place to work in the winter months.

Asbestos has added to the devastating exposure to industrial illness that we see in Scotland. The fact that there are still difficulties in getting recognition and compensation, particularly because the latency of mesothelioma brings in the time bar, is unacceptable.

We must take urgent steps to recognise the distinct and particularly pernicious effects that mesothelioma has in this country because of our industrial legacy and because of the time that it takes to manifest itself. We must adapt our social security system and our apparatus for addressing industrial injury to recognise the condition’s prevalence in our society today. It is still very much with us—this is not a historic situation.

14:15  

Bill Kidd (Glasgow Anniesland) (SNP)

I thank Marie McNair for bringing today’s important debate to Parliament. Last year, she secured a debate on the same issue, and she spoke movingly and passionately about her experiences as part of the nursing team at St Margaret of Scotland hospice. There, she saw at first hand how these types of cancer took away so many too soon, and she recalled the many heartbreaking conversations that she had about the impact of mesothelioma.

As the MSP for Clydebank, the town in which she was brought up, Marie McNair knows better than most, and has described again today, the devastating effect that mesothelioma can have on individuals, families and whole communities. I applaud her for her commitment and dedication to this issue—an issue that has affected so many in the Clydebank area and beyond, including in my Glasgow Anniesland constituency.

As we have heard, mesothelioma is a particularly aggressive, painful and debilitating cancer, with the average life expectancy after diagnosis being between 12 and 21 months. Often associated with exposure to asbestos—in fact, it is very much associated with that—its dangers were first discovered as early as 1906. However, it was not until the 1950s and 60s that the link between asbestos, lung disease, cancer, mesothelioma and other diseases became established, leading—as has been said—to its total ban in 1999. Sadly, given the time between exposure and diagnosis, despite the ban on asbestos, mesothelioma continues to blight thousands of lives every year.

Focus on those at risk has also shifted, with the realisation that, due to the use of asbestos in the building process, many public buildings, particularly schools, could pose a threat to those working in them, especially if asbestos is disturbed as they undergo refurbishment, repair work or demolition.

Those are very real risks—the Health and Safety Executive estimates that more than 1 million tradespeople are still being exposed to asbestos every year. If we think about the fact that previous exposure to asbestos is still causing more than 5,000 deaths a year—including the deaths of around 20 tradespeople each week—we can see the continuing scale of the issue and the huge potential for future tragedy. That is why the work of groups such as Action on Asbestos, Clydebank Asbestos Group and others is so important in ensuring that we do not lose sight of the challenges that we face, or think of mesothelioma as a product of past industry and yesteryear. I applaud the work that those groups have done for more than 30 years and the support and focus that they continue to provide.

Action mesothelioma day is very relevant to my constituency of Glasgow Anniesland. With a proud history of shipbuilding and heavy engineering, it has suffered from the ravages of mesothelioma. Once again, the help and the support of organisations such as Action on Asbestos and Clydebank Asbestos Group have been invaluable.

The Scottish Government’s continuing commitment to acknowledge and tackle the issue should be commended. The establishment of the Scottish Mesothelioma Network in 2019 aimed to improve outcomes for patients by taking a collaborative approach across Scotland and across various professions, meaning that all patients in Scotland could access the very best expertise and the care that they deserve, no matter what health board area they happened to live in.

During the debate last year, we learned that the network had recently created the first set of national quality performance indicators but that those QPIs were not at that time all being met. Given that a year has passed, I hope that the minister will take the opportunity to provide an update on the work of the network and on progress towards meeting its targets.

Today’s debate is relevant to the past, to now and also, sadly, to the future. As we learn of the potential harmful effects of new innovative materials, as asbestos once was, we need to learn from the mistakes of the past and ensure that they never happen again. For that to happen, we need to have more control over the development, licensing and distribution of new products. We need to have more control in overseeing their use, namely through health and safety legislation. I urge the Government to call for such powers, and I urge us all to support those calls.

14:19  

Mark Griffin (Central Scotland) (Lab)

I, too, want to congratulate Marie McNair on bringing this timely debate to the chamber ahead of action mesothelioma day 2023 next week. I also thank her for her kind words about my private member’s bill; I look forward to working with Marie McNair and other members of the Social Security and Social Justice Committee as the bill makes its way through the parliamentary process.

With around 200 new cases of asbestos-related cancer and mesothelioma a year in Scotland, the risks from asbestos have not gone away. Mesothelioma is a painful, incurable and terminal disease, and—as many members have done already—I want to pay tribute to the long-standing and on-going work of Clydebank Asbestos Group and the information and support that it continues to provide to people with asbestos-related conditions. I also pay tribute to Action on Asbestos and Asbestos Action. Collectively, those organisations have provided decades of critical support and help to people across Scotland who have suffered from what is predominantly a workplace disease.

Both Action on Asbestos and Asbestos Action have told me that their case load—the people seeking support for asbestos-related cancer—is increasingly female. They are nurses, care workers and hospital staff who have worked caring for our sick and dying friends and relatives for decades in buildings that are ridden with asbestos, and teachers who have worked in schools that have asbestos are also increasingly suffering. The disease can take up to 20 years to develop—long after people leave work—so most treatments rely simply on palliative care.

In 2020, the gendered experience of mesothelioma—GEMS—study found that the high-risk occupations for asbestos exposure differed entirely for men and women, and that so too did the experiences of explanations and support that was provided at the time of diagnosis. Gender roles also influenced how people coped with a diagnosis of mesothelioma. These are very real gender differences that our industrial injuries system has not taken account of.

That can be seen in the disparity in the applications for industrial injuries disablement benefit, which must be addressed urgently. The current benefit is gendered against women. For example, asbestos-related ovarian cancer—which the most common gynaecological cancer in UK women—is missing from the scheme. Even if we include cancers that affect men, the scheme includes only one fifth of the cancers that European schemes recognise.

I want to put on record my thanks to the charities that are supporting those who are affected by asbestos for their support for my Scottish Employment Injuries Advisory Council Bill. The need for a new, powerful and independent council that puts workers at the heart of the new Scottish benefit—employment injury assistance—which can research the extent of mesothelioma and asbestos-related cancer in modern workplaces, is urgent, but so is the need for the council to have, at the heart of its purpose for that benefit, the driving mission to close the gender gap.

It is because asbestos is still found in many older buildings that it continues to put the communities and workforces in every one of our constituencies and regions at risk, and that is why we must continue to recognise it in our policy decisions. There are homes across the country that will need to be retrofitted for net zero that still have asbestos in their lofts, floor tiles and pipe insulation. Asbestos is in our local schools, which will need to be renovated or rebuilt and maintained. It is in the NHS estate, where hospitals will need to be rebuilt or maintained, and it is in everyday places where we live, work and study or go to to get treatment. We can still be exposed to asbestos.

Though asbestos was completely banned in 1999, the exposure risk remains, and there are real policy questions about managing and removing asbestos that we must tackle. I hope that we can heed calls and deliver the action that is required.

14:24  

Stuart McMillan (Greenock and Inverclyde) (SNP)

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 members’ business debate. As she highlighted, asbestos-related conditions—in this case, mesothelioma—are still highly prevalent in society. Mesothelioma is an awful condition that has no cure, and it does not solely affect people working in our past traditional industries.

As members certainly know—we have heard it spoken about in the chamber many times before—asbestos is a product that was used in many buildings and constructions. As such, it exists in buildings in the country today, including, as we have heard, schools. On that point, I echo Marie McNair’s call regarding the programme for public buildings going forward. Crucially, if asbestos is not interfered with, it is considered not to pose a threat to the public. However, I certainly agree with Marie McNair’s call.

I will never understand why asbestos was still used in buildings and constructions when it was well known, for decades, that it was a dangerous product. I will also never understand why there was such a laissez-faire attitude from Governments with regard to health and safety in society when it came to that particular product.

As someone who has campaigned over many years to improve the care and support given to people who have been affected by asbestos-related diseases, 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.

I consequently welcome the recent commitment from the Scottish Law Commission that it will, as part of its eleventh programme of law reform, explore issues surrounding the current law of limitation where pleural plaques are concerned. I have written to the SLC and met Lady Paton in that regard. Following correspondence from a constituent on that issue, I responded to the SLC’s discussion paper on damages for personal injury, which was published in February 2022.

For context, the way that the law currently stands is that people who have been negligently exposed to asbestos have three years from the date of their becoming aware of the fact that they have developed pleural plaques to raise proceedings for damages. Given that pleural plaques is an asymptomatic condition, I agreed with the SLC’s position in its discussion paper that it is unlikely that a person diagnosed with the condition could know that they have a right of action as per the Damages (Asbestos-related Conditions) (Scotland) Act 2009. Further, it is highly unlikely that they would then know that, if they do not exercise that right within three years, should they develop a serious and fatal symptomatic condition such as mesothelioma later in life, they would not have any remedy because of that failure to act.

When my constituent got in contact to explain how that legislation prohibited their relative from making a claim for damages when they were later diagnosed with mesothelioma, as they were not aware of the three-year time bar, I knew that I had to raise that particular issue with the SLC, which I knew was looking at similar issues.

I am therefore glad that the SLC has confirmed that it will be looked at, because it is grossly unfair to expect people who are diagnosed with pleural plaques to know that they have only a short timeframe to raise proceedings, given that not everyone goes on to develop a more serious health condition.

Although fewer people are now being diagnosed with asbestos-related diseases thanks to improvements in health and safety for workers, new industrial diseases will no doubt arise in the future as ways of working and industries change. That is why law reform in the area remains important if we are to further improve working conditions for everyone across Scotland, irrespective of the job that they do.

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

14:29  

Richard Leonard (Central Scotland) (Lab)

I remind members of my entry in the register of members’ interests.

I, too, thank Marie McNair for lodging the motion in Parliament. It comes at a time when working people are continuing to contend with a deregulated labour market, the dilution of labour law and an onslaught on their trade unions. I raise that because a strong and vibrant trade union movement is a precondition of a free and democratic society. It is also a prerequisite for justice for the victims of occupational diseases such as mesothelioma.

For many years now, there have been domestic laws and international bans on exposure to asbestos in the workplace, but at the same time there have been precious few convictions, even when we know that fatal exposure to these deadly fibres is still prevalent. That is why we should restore the civil liability for breach of health and safety regulations; it is why we should significantly increase the number of inspections that are carried out by HSE and local government inspectors; and it is why we should bolster trade union rights as part of a wider, transformative shift in power in favour of workers, democracy and equality.

Today, as well as to the trade union movement, we pay tribute to organisations such as Action on Asbestos and the widely respected Clydebank Asbestos Group. Both provide not just practical help and not simply monetary advice, but compassion and emotional support. They offer mutual aid and collective solidarity, but they also campaign for justice and truth.

Friday 7 July is a time of remembrance. On that day, I will shed a tear for my dear old comrade Alex Falconer. In my life, I have grieved for and said an early farewell to too many workers who, in this crucible of the industrial revolution, from the dockyards and the shipyards to the factories and the construction sites, have paid with their lives, their families robbed of treasured years together. It is for them that we keep fighting, and it is because of them that we shall never give up.

Today, we also think of fearless campaigners such as Bob Dickie, Joan Baird and Tommy Gorman, who gave evidence to the Public Petitions Committee of this Parliament on the need for urgent action on mesothelioma. We think of the greatly missed Frank Maguire and those who made the unanswerable case to this Parliament for legal reform, and we think of MSPs such as Bill Butler and Des McNulty, whose pioneering work led to the enactment of legislation that made the lives of the people we are here to serve a little better.

The Scottish Parliament has a proud record on this question, and it is right that we hold this debate again this year, but we need to do more than simply debate it. We need action. We need more investment in health and care, in new research and in new treatments for a start, but we also need action now to tackle some of the outstanding legal matters.

A year ago, I called on the Government to reform the so-called single action rule. Under this rule, a failure to lodge a claim for pleural plaques within a three-year time limit prevents any subsequent claim for a more serious condition such as mesothelioma being pursued even though both were caused by the same negligence by the same employer.

The Scottish Law Commission published a comprehensive and compelling case for reform back in February 2022, and the consultation closed in mid-June 2022. Over a year later, the Scottish Government has still not responded. It has not uttered a single word, never mind proffering a remedy. I am bound to finish by warning that such inaction, such inertia and such indifference is not good enough—not good enough for a Government, not good enough for this Parliament, and certainly not good enough for all those working-class families that have been denied justice.

This afternoon, a year on, I hope that those families will finally get an answer from this Government. They are entitled to nothing less. They deserve the truth, they deserve answers, and they deserve justice. [Applause.]

The Deputy Presiding Officer

I know that emotions run high on such issues, but I ask those in the public gallery to refrain from participating, which includes applauding.

I now invite the minister, Jenni Minto, to respond to the debate.

14:34  

The Minister for Public Health and Women’s Health (Jenni Minto)

I, too, thank Marie McNair for raising this important subject in the chamber again. Her comment on the importance of cross-party work is also incredibly important. I also note what Richard Leonard and Stuart McMillan said. I am pleased to say that Scottish Government buildings will be lit blue on 7 July to recognise the importance of the day. The idea of its being a moment to remember is incredibly important.

I welcome the opportunity to close this debate on mesothelioma, and I welcome the Clydebank Asbestos Group to Parliament.

The Scottish Government is fully aware of the distressing impact that the disease can have on individuals and their families. That is especially true of this cancer because of its latency, as many members have already pointed out, and because of how widespread asbestos exposure was in the past without the knowledge of its long-term impact. It can be particularly distressing because of the limitation of treatment options. However, research into the condition continues, and there is hope that progress will be made in the coming years.

I first heard about mesothelioma when my husband was making a documentary for “Frontline Scotland” in 2000. That really brought home to me the impact that it had on many communities across Scotland. Paul Sweeney’s comments set the historical context, but it is important to recognise the fact that it is also rolling forward into the here and now.

Mark Griffin talked about the impact of mesothelioma on women. My next meeting is with the women’s health champion, so I will drop a pebble into her mind about that, women’s healthcare and the gender disparities of which we have to be aware. I believe that the Scottish Government is aware of them.

I give special thanks to those people who are working across the NHS as well as those who are working in social care and our third sector partners. I have already thanked Clydebank Asbestos Group, but I thank it again for its continuing work. Its support for individuals’ physical needs and emotional and mental wellbeing is immensely important, and the health sector could not do without it.

The work of our various partners in the community is absolutely crucial in supporting those who are affected. Bill Kidd asked about the Scottish Mesothelioma Network. It continues to be a valuable resource across Scotland. It ensures that best practice, information and access to clinical trials are shared across the country. It has helped to ensure access to trials for people throughout Scotland, which is important when treatment options are otherwise limited. The network allows access to clinical nurse specialists, who support patients and their families. Patients also have access to specialist clinicians, who can give them the dedicated and expert treatment and care that they need and deserve.

I am sure that members will be aware that the Scottish Government recently published its 10-year cancer strategy along with a three-year cancer action plan. Over the next 10 years, our strategic aim is to improve cancer survival and provide excellent and equitably accessible care. The strategy and plan take a comprehensive approach to improving patient pathways from prevention and diagnosis through to treatment and post-treatment care. Our overall vision is that

“More cancers are prevented, and our compassionate and consistent cancer service provides excellent treatment and support throughout the cancer journey, and improves outcomes and survival for people with cancer.”

We will be able to support those individuals who are facing a mesothelioma diagnosis today as well as possible throughout their care.

We are continuing to fund our single point-of-contact initiative, which will help cancer patients, including those with mesothelioma, to discuss any questions or anxieties that are related to their clinical care with a dedicated individual, and will help them to self-manage some aspects of their condition and progress through their cancer journey.

As we have heard, up to nine out of 10 people with the disease are directly linked to exposure to asbestos. I recognise Paul Sweeney’s comments about schools. I remember having an asbestos square in my science lab for our Bunsen burner to sit on—I see that Richard Leonard is nodding his head. The issue has got into many people’s consciousness.

Paul Sweeney

It was interesting to hear reference being made in the debate to the Scottish Law Commission’s project on damages for personal injury. I understand that that is due to report by mid-2024 on the current timetable. Can the minister do anything at all to work with her colleagues across Government to expedite that and examine with the Scottish Law Commission a way in which extra resource could be provided to analyse the responses to the consultation and try to speed up the policy consideration? Getting enhanced legislation is really important.

Minister, I can give you the time back.

Jenni Minto

Thank you.

Yes, I am happy to discuss that matter with colleagues.

The use of asbestos in the UK has, of course, been banned since 1999. Where existing asbestos remains, licences and the use of strict control measures, including personal protective equipment such as respirators, are required to work with it.

As well as seeking to prevent exposure to asbestos and provide appropriate medical care for those who have been affected by it, we have worked hard to ensure appropriate rights to compensation. The Scottish Government and the Scottish Parliament have a strong record of supporting people who have been negligently exposed to asbestos. Significant changes regarding the law on damages for personal injuries have been made, including, most recently, in the Damages (Scotland) Act 2011.

Although those preventative policies are welcome, the reality is that many more individuals will continue to present with mesothelioma due to the often long periods before symptoms present. In conjunction with that, mesothelioma can, unfortunately, be very difficult to treat. Nearly all treatment is aimed at controlling the disease for as long as possible and keeping symptoms under control. However, doctors and researchers are working to improve treatment all the time.

The Scottish Government encourages clinicians to ensure that as many patients as possible are included in relevant and appropriate clinical trials. There is significant evidence that outcomes are improved for patients who are treated in environments in which research is the norm and for patients who are involved in cancer trials.

I offer my sincere thanks to all members for their contributions to the debate. It has reinforced the commitment that everyone here has to making a difference for people with mesothelioma and their families. Progress has been made in cancer diagnosis and treatment, but we know that there is much more work to be done. I hope that we can work together to improve the situation.

That concludes the debate.