Asbestos-related Lung Cancer: Compensation Act 2006

Warinder Juss Excerpts

Monday 16th March 2026 Commons Chamber

[Douglas McAllister (West Dunbartonshire) (Lab)]

I have called this Adjournment debate on the subject of the Compensation Act 2006 and asbestos-related lung cancer because I wish to bring to the attention of this House an injustice in the way the law treats victims of asbestos-related disease, and to urge the Government to review the operation of section 3 of the Compensation Act 2006 to ensure that it supports sufferers of asbestos-related lung cancer. A simple change in the law will ensure that all victims of lung cancer caused by exposure to asbestos at work are treated equally to those suffering from mesothelioma.

Although asbestos has been banned in the United Kingdom for more than 25 years, its deadly legacy continues. Each year, around 5,000 people in Great Britain die from cancers caused by asbestos exposure at work. It remains the single biggest workplace killer in the country. In my constituency of West Dunbartonshire, this issue is particularly prevalent. My constituency is among Europe’s worst hotspots for deaths linked to a cancer caused by exposure to asbestos at work, with more than 340 deaths since 1980. I have lived in Clydebank all my life and have seen at first hand the devastating effects of asbestos. This issue is deeply personal to the community I represent. For a number of years I have worked closely with the Clydebank Asbestos Group, an organisation that does so much to fight for truth and justice for sufferers of asbestos-related illness.

Towns like Clydebank, Dumbarton and the surrounding villages were built on heavy industry and, above all, the proud tradition of shipbuilding along the River Clyde. Generations of local men and women worked in the great yards, such as John Brown & Company, and in the engineering works, factories and power stations that supported them. Those industries built ships that sailed the world and powered Britain’s economy, but they also exposed thousands of workers to asbestos without adequate protection. They trusted their employers to keep them safe and, in too many cases, that trust was betrayed.

To give a bit of background, the origins of section 3 of the Compensation Act 2006 lie in a series of court decisions that exposed a serious problem in the law for victims of mesothelioma caused by exposure to asbestos. In the case of Fairchild v. Glenhaven Funeral Services, the House of Lords recognised the unique position that these victims face. Asbestos diseases can develop decades after exposure, and because it is impossible to identify which particular fibre caused the illness, the court accepted that it should be enough for a claimant to show that an employer had materially increased the risk of the disease. However, a later ruling in Barker v. Corus UK created a new difficulty by deciding that employers should be liable only for their share of the risk. In practice, that meant victims could lose a large part of their compensation if some employers or their insurers could no longer be traced.

Parliament recognised that this outcome was deeply unfair and rightly acted quickly to unanimously pass the Compensation Act 2006, ensuring that people suffering from mesothelioma could recover full compensation from any one negligent employer. Section 3 of the Act therefore created a crucial protection. It allows victims of mesothelioma to recover full compensation from any one negligent employer, even if other former employers or their insurers cannot be traced. That reform was passed with unanimous support because Members recognised that people diagnosed with a terminal asbestos-related cancer should not be forced to pursue complex claims against multiple employers while facing an extremely limited life expectancy.

[Warinder Juss (Wolverhampton West) (Lab)]

My hon. Friend is making a powerful argument. Does he agree that the whole reasoning of section 3 of the Compensation Act was because of the difficulty in identifying employers who exposed claimants to the particular fibres that caused mesothelioma, and that it is a huge anomaly that the section should apply to mesothelioma cases caused by asbestos but not to cases where people have developed lung cancer due to asbestos? This injustice should be remedied as soon as possible.

[Douglas McAllister]

My hon. Friend is correct, and I recognise his obvious expertise in this matter. I believe that he practised law, and in particular personal injury law, prior to being elected to this House. I thank him for his intervention and for all he does for his constituents in Wolverhampton West.