Publications

Evidence on Damages (Asbestos-related Conditions) Bill

The Commission submitted evidence to the Northern Ireland Assembly Committee for Finance and Personnel.
The purpose of the Bill is to legislate to allow an asbestos-related condition (symptomless pleural plaques) to be considered a personal injury for the purposes of allowing compensation claims against employers. In relation to a number of English test cases# the House of Lords in 2007 interpreted the law as not providing for such claims. The Bill is intended to remove the legal barrier to claims.
The Commission drew the Committee’s attention to the compatibility of the Bill to the European Convention on Human Rights (ECHR) and in particular to -

• the right to property (ECHR Article 1 Protocol 1)
• no punishment without law (ECHR Article 7)
• fair trial (ECHR Article 6)

evidence-on-damages-asbestos-related-conditions-bill-january-2011.pdf