Justice for Asbestos Victims

Greater Asbestos Victims Support Group

Annual Report 2014

Introduction

This report covers Greater Manchester Asbestos Victims Support Group’s (GMAVSG) main work and campaigning activities throughout 2014:

1. Advice and support for asbestos victims. 2. Action Mesothelioma Day and campaigning work. 3. Support Group. 4. Meetings and events. 5. Acknowledgement of the generous financial support we received in 2014.

1. Advice and Support

Welfare Reform has continued apace throughout 2014, although most of our client group has been spared the worst effects of the piecemeal and uneven introduction of Universal Credit and Personal Independence Payment, the two major planks of the Government’s welfare reform agenda.

Whilst the administration of the key social security benefits payable to victims of asbestos-related diseases, Industrial Injuries Disablement Benefit and lump sum payments under the Pneumoconiosis etc (Worker’s Compensation) Act 1979, runs more smoothly than for other benefits, the standard of medical assessments for non- malignant asbestos-related diseases still falls short in too many cases.

ATOS, the private company which had most of the contracts for conducting medical assessments on behalf of the Department for Work and Pensions (DWP), announced they were terminating their contracts with the DWP (this followed widespread criticism from all quarters about their performance). In the winding down process following this decision, we seem to be seeing more assessments and decisions being made without the full facts being taken into account, and in particular, without x-rays and other radiological evidence which is often crucial to the decision making process. This means more claims being wrongly refused, more appeals and more delays for asbestos victims.

The number of new referrals to GMAVSG is very similar to last year. The proportion of mesothelioma cases is slightly up on last year, at around 50% of all referrals. While we still get referrals from outside the Greater Manchester area, most of these seem to be closer to home, usually from Lancashire. These referrals will often come from panel solicitors. Our most distant referral was from New Zealand but the client did use to live in Newton Heath!.

1 The overwhelming majority of our referrals still come directly from hospital consultants and Specialist Lung Cancer Nurses at the point of diagnosis. This relationship is vital for us and something we need to continue to nurture as it ensures asbestos victims get the advice and help they need at the earliest opportunity. In 2014, 4 new Lung Cancer Nurses from the Cecilia Unit at Hospital spent the day with us, and accompanied us on home visits, in order to get a clearer understanding of the work we do.

The table and chart below show the figures and breakdown by disease for all our referrals between 1 January 2014 and 31 December 2014.

GMAVSG new referrals in 2014 Disease Number % total % total GMR Mesothelioma 138 (124 GMR) 50.5% 49.8% Asbestosis 68 (60 GMR) 24.9% 24.1% Pleural Thickening 29 (27) 10.6% 10.9% Pleural Thickening + 10 3.7% 4.0% Asbestosis Lung Cancer + Asbestosis 7 2.6% 2.8% Lung Cancer – Asbestosis 17 6.2% 6.8% Lung cancer + Pleural 1 0.4% 0.4% Thickening Pleural Plaques/unknown 3 1.1% 1.2% Total All 273 100% 100% Total GMR 249

New Referrals to GMAVSG in 2014

Mesothelioma

Asbestosis

Pleural Thickening

Pleural Thickening + Asbestosis Lung Cancer + ARD

Pleural Plaques

2 2.a Action Mesothelioma Day 4th July 2014

The theme for Action Mesothelioma Day this year was medical research, and the ongoing battle to secure sustainable funding for research into better treatment and a cure for mesothelioma. It was fitting, therefore, that Lord Alton was the principal speaker at our public meeting. He has been a staunch supporter of asbestos victims in the House of Lords, and campaigned long and hard for funding for mesothelioma research. He had moved an amendment in the House of Lords to the Mesothelioma Bill (see below) which, if passed, would have seen a research supplement enshrined in law to fund research into mesothelioma. This amendment was lost by only 7 votes.

Our other speaker was Alessandro Pugno, from the Italian asbestos victims network AFEVA, whose own step-father died from mesothelioma. He spoke movingly of how the asbestos cement multinational Eternit had devastated his home town of Casale Monferrato in northern Italy, and how virtually every family in this small town had lost a loved one to an asbestos disease, and some more than one.

7 MPs from the Greater Manchester area spoke before the dove release in Albert Square, including Andy Burnham (Shadow Secretary of State for Health) and Kate Green (Shadow Minister for Disabled People).

A poignant absentee was, of course, Paul Goggins, former MP for Wythenshawe and Sale East, who had been a good friend to GMAVSG, and to asbestos victims, in the Commons, and who had worked closely with his friend Lord Alton in defending compensation for mesothelioma victims and fighting for funding for mesothelioma research, in Parliament. Paul sadly died in January 2014. His successor in that constituency, (left), was one of the local MPs who spoke at the event, and rightly acknowledged Paul’s massive contribution on behalf of asbestos victims in Parliament.

The MPs who spoke in Albert Square were: Andy Burnham (Leigh); Kate Green (Stretford and Urmston); Mike Kane (Wythenshawe and Sale East); Simon Danczuk (Rochdale); Debbie Abrahams (Oldham East and Saddleworth); Lisa Nandy (); Lucy Powell (Manchester Central).

The doves, in memory of all those who had lost their lives to mesothelioma, were released by Maureen Ogden and Mavis Tong, who have both lost their husbands to mesothelioma, and Santia Hazelhurst, who lost her Grand-dad Gordon Marriott, also to mesothelioma.

2.b. The Mesothelioma Act 2014/Diffuse Mesothelioma Payments Scheme

In 2013, GMAVSG, along with other groups from the Asbestos Victims Support Groups Forum UK (the Forum), campaigned hard for improvements to the Mesothelioma Bill that had been introduced in Parliament. This legislation was the culmination of long negotiations, starting under the previous Government, to set up a statutory scheme, funded by the insurance industry, to compensate asbestos victims who could not pursue a civil claim

3 for compensation because the firm where they had been exposed to asbestos was no longer trading, and their insurers at the time the exposure occurred, could not be traced.

The initial hopes and expectations of victims had been that any scheme would compensate all asbestos victims, at a rate comparable to the compensation they might have secured in a civil claim. The provisions in the Mesothelioma Bill however, meant that only people diagnosed with mesothelioma (and no other asbestos diseases) after 25 July 2012 would be able to apply for compensation. And compensation would be restricted to 75% of the average awards made in civil claims.

The Mesothelioma Bill became the Mesothelioma Act 2014 in January and the Diffuse Mesothelioma Payments Scheme (DMPS) came into existence with effect from April 2014. Largely due to effective lobbying from the Forum, in which members of GMAVSG played a significant part, and intense debate in Parliament, payments under the scheme had been increased to 80% by the time the regulations setting up the DMPS were passed.

The DMPS is a huge improvement on the previous situation, where asbestos victims were left with no prospect of compensation if no employer or insurer could be found to sue. But GMAVSG, along with the Forum, will continue to campaign for further improvements, including a guarantee of 100% compensation, all asbestos diseases to be eligible, and a levy to be imposed on insurers, by law, to ensure the DMPS has sufficient funding to provide for this. As of 10 February 2015, compensation awards have been increased to 100% but there is no guarantee they will remain at this level in the future.

2.c. LASPO exemption

In 2012 Parliament agreed to exempt mesothelioma victims from one of the clauses, introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, that meant most claimants winning personal injury civil claims could see any damages they won in court being reduced by their lawyers deducting costs that had previously been paid by the defendants.

This exemption was contingent on a future review that the Government agreed to conduct, which would assess the likely impact on mesothelioma claimants before any decision was made to lift the exemption. In 2014 the Government stated they were going to remove this exemption without having conducted any proper review.

The Forum, represented by Tony Whitston, lodged a Judicial Review in the High Court, arguing that the Government had not complied with the terms of its commitment, and therefore the decision to lift the exemption was unlawful. In October 2014, the High Court found in favour of the Forum, stopping Government plans to impose extra costs on mesothelioma victims in their tracks, for the time being at least.

2.d. Delegation to Eternit Trial in Italy

At Manchester’s Action Mesothelioma Day event in July, our guest Alessandro Pugno vividly outlined the impact that the multinational asbestos company Eternit had had on his home town of Casale Monferrato in Italy. Very few families had avoided losing a family member to mesothelioma or another asbestos-related disease. Many of those who had died had never worked for Eternit, but had been exposed to asbestos from a family member’s work-clothes, or through the asbestos waste and dust that was in the environment.

4

The Italian Courts had sentenced the Chief Executive of Eternit, Stephan Schmidheiny, to 18 years imprisonment for causing an ‘environmental catastrophe’, and the decision whether to ratify or overturn this verdict would be made by Italy’s highest court in November 2014. GMAVSG, along with some other groups from the Forum, decided to send delegations to attend the court hearing in Rome in solidarity with the families from Alessandro’s home town.

Jeff Eaman, Pauline Ward and Jean Doyle represented GMAVSG and full details of the visit can be read in Jeff’s report on our website. The conviction was overturned, unfortunately, on technical grounds. However, the warmth shown to our delegation by the families in Casale, and their determination to continue fighting for justice, had a profound impact on our delegation. And the presence of the GMAVSG delegation, alongside other groups from the UK, gave some comfort to the families in Italy at a time of great disappointment for them. Hopefully these links can be strengthened and help to build a stronger international campaign for justice on behalf of all asbestos victims.

2.e. Oral History Project

In the latter half of 2014, our Trustees agreed to initiate a pilot oral history project, under the direction of Nigel Ingham, to record the experiences and feelings of members of our group, and people with mesothelioma. 8 interviews have been conducted and work is still ongoing to decide how best to use the material that has been recorded. All participants have received a full text and audio recording of their interview.

3. Mesothelioma Support Group

The group continues to provide social support to existing and new members, organises social activities and provides the backbone of our campaigning work.

The summer outing this year was a barge cruise around Castlefield Basin, with a stop- off in Quays. We were very pleased that we were able to return to port with very nearly as many people as we had set off with. Our scheduled Christmas Party had to be rearranged at the last minute as Lancashire Cricket Club cancelled our booking but thanks to Vera Rigby’s hard work and organisation an alternative venue was found.

Members of the group have also been prominent in promoting Action Mesothelioma Day and other asbestos coverage in the local press with their personal testimonies, as well as contributing messages and media interviews which were used in the HSE’s Beware Asbestos campaign. Group members have also spoken at public events, for example organised by the TUC and HSE, advocating better safeguards for those at risk of exposure to asbestos and more just compensation for asbestos victims. They have also lobbied MPs in support of our campaigning, over the 100% Justice campaign and the lobby of the Labour Party conference in Manchester on the 22nd September.

5 Action Mesothelioma Day would not function without all the hard work of our members in the lead up to the event, and on the day itself. We had an excellent attendance again in 2014, despite the inclement weather.

Just as importantly, the group provides a warm and welcoming environment for new members and solid support for the paid staff of GMAVSG, for which we thank you.

4. Meetings and events

Activities/Meetings (* denotes GMAVSG speaker)

15 January Mesothelioma Support Group, Manchester 4 February Asbestos Victims Support Group Forum meeting, Manchester 19 March Mesothelioma Support Group, Manchester 28 April Workers Memorial Day, Manchester 30 April Asbestos Victims Support Group Forum meeting, Birmingham 14 May Mesothelioma Support Group, Manchester 20 May Asbestos Victims Support Group Forum meeting, Manchester 6 June Talk for Rochdale Rotary Club* 18 June AGM + Mesothelioma Support Group, Manchester 4 July Action Mesothelioma Day, Manchester 9 July Asbestos and the Law conference, Sheffield 16 July Asbestos Seminar, House of Commons 13 August Summer Outing, Castlefield Canal Cruise 19 August Asbestos Victims Support Group Forum meeting, Manchester 12 September Gordon Marriott Memorial Golf Day, Denton Golf Club 16 September Asbestos Victims Support Group Forum AGM, Manchester 17 September Mesothelioma Support Group, Manchester 22 September Lobby of Labour Party conference, Manchester 10 October Asbestos and the Law Conference, Liverpool 22 October HSE safety talk, Heath Charnock* 23 October Lung Cancer Support Group, Wigan Hospital* 5 November All Party Asbestos Sub-Committee meeting, House of Commons 12 November Mesothelioma Support Group, Manchester 18-23 November Delegation to Eternit trial, Italy 25 November HSE safety talk, Salford* 2 December Asbestos Victims Support Group Forum meeting, Birmingham 19 December Mesothelioma Support Group Xmas party, Manchester

6 5. Donations

a. Donations in support of mesothelioma research on AMD 2014

Mr Allen Mr & Mrs Allen Mr & Mrs Allman Mr Appleton Mr Askham Mrs Bailey Mrs Baker Mr Barber Mr Barlow Ms Barnard Mr Barnes Mr Beeden Mr Bell Mr & Mrs Bennell Mrs Birtles Mr Blackwell Mr Boland Mrs Borrell Dr Bragg Mr Brett Mrs Brockman Mrs Buck Mrs Burgess Mr Burgess Mrs Burns Mrs Carline Mrs Cheetham Mr & Mrs Chidgey Mrs Clarke Mr Claxton Mrs Collins Ms Coombs Ms Cooper Ms Corner Mr Corrie Mr Crawshaw Ms Crisp Mrs Critchley Mr Cullen Miss Curley Mr Curmi Mrs Cuthbert Mrs Davenport Mrs Devine Mr Dodd Mr Donoghue Mrs Doughty Mr Duffy Mr Edge Mr Elliott Mrs Etchells Mrs Evans Mrs Fielding Ms Fos Mrs Foster Mr Foxall Mrs Foxcroft Mrs Fricker Mrs Galbraith Mr Gallagher Mr Ganley Mrs Goldworthy Mr Goodwin Mrs Gough Mrs Greenwood Mrs Gregory Mr & Mrs Hackney Mrs Harrison Mrs Harrop Mrs Hartley Mr Haslam Mrs Heery Mrs Hird Mr Holmes Mr & Mrs Hough Mrs Hughes Mr Hughes Mrs Hughes Mr & Mrs Ingham Mr Jackson Miss Jackson Mrs James Mrs Jennings Mr Johnson Mr Kearsley Mrs Kelsall Mrs Kenny Mrs Knight Mr Knight Mrs Knowlton Mrs Krolikowski Mrs Lark Mr Leach Mr Lee Mr Leigh Mrs Lilley Mrs Llewellyn Mrs Lomax Ms Lucas Mrs Mabbott Mr MacKay Mrs Mannion Ms Mason-Cave Mr Mayes Mrs McCree Mr McEwen Mrs McKenzie Mrs McManus Mr Medd Mr Megson Mrs Mills Mr Mills Mr Millward Mrs Moran Mrs Morris Ms Morrison Mr Nash Mr Nedderman Mrs Newton Mrs Nicholls Mrs Nickol Mr Nolan Mr & Mrs Occleshaw Mrs O’Neill Mr Owen Mrs Parker Mr Parkinson Mrs Parry Mrs Pennington Mrs Pentz Mrs Pinder Mrs Pointon Ms Poole Mr Potts Mrs Quinn Mrs Rayner Mrs Reilly Mr Reilly Mrs Rigby Mr Riley Mrs Robinson Mr Robinson Mr Robinson Mrs Rothwell Mr Rowbotham Mrs Rowlinson Mrs Royle Mrs Rusk Mr & Mrs Shaw Mr Shaw Mr Simpson Mr & Mrs Swann Mr & Mrs Taylor Mr Taylor Mr Thomas Mrs Thorpe Mr Todd Mrs Tong Mr Tonge Mrs Wadley Mr Wash Ms Walsh Mrs Ward Mrs Wheatley Mrs White Mrs Wilkinson Mr & Mrs Williamson Mr Winstanley Mr Winwood Mr Withington Mr Wood Mr Worthington Mr Wright UNITE Total raised (including cash collected on the day) £13,000

7 b. Donations in support of GMAVSG (direct)

Mrs Norcross Mr Barton Mrs Maidment Mrs Fairclough Mr & Mrs Berisford Mrs Griffiths Mrs Parten Mr Massey Mrs Lea Mr Taeijon Mr Boland Mr O’Hagan Mrs Newton Mrs Kennedy Mr Ryan Ms Cooper Ms Ashcroft Mrs Rigby Mrs Hilton Mr Smith Mr & Mrs Silvester Mr Batty Mrs Tierney Mr Coyne Mrs Anderson Blemain Finance Mr Fairhurst Mrs Lewis Mr & Mrs Young Mr Green Mrs Walker Mrs Jackson Mr & Mrs Milton Mr Wilde Mrs Marshall Mr Doggett Mr & Mrs Norton Mr Christmas Mrs Walsh Mrs Price Mrs Pointon Mrs Daly Mrs Weightman Mr Walker Mr Lancaster Mr Medd Mrs Eason Mr Hamilton Mrs Wyatt Mrs Edge Ms Newman Mr Hughes Mrs Goode Clickety Click Ms Williams Mrs Gough Mr & Mrs Jarvis Mrs Braithwaite Ashton Trinity Pannone

c. Donations in support of GMAVSG (online)

Mrs Babs Mrs C Alderson Mr M Alderson Ms P Annon Ms S Appleyard Mrs J Arlidge Mr T Arlidge Ms A Bajer Ms R Barnett Mrs A Barton Mr C Barton Mrs D Barton Mr H Barton Mr J Barton Mrs M Barton Mr M Barton Mr M E Barton Mrs V Barton Mrs L Barton Wright Ms M Baxter Ms M Barton Hunt Mrs K Beeley Ms D Belsten Mr T Bennell Ms D Benton Mr P Blackburn Mr D Bowman Mrs S Bold Ms L Bowman Ms S Bradley Mr C Brailsford Mrs D Brennan Mr H Brown Mr Huw Brown Ms R Bryan Miss J Burch Miss V Buchanan Mr K Burgess Mr P Cameron Mr S Cadge Mrs E Cairns Ms J Carey Mr S Chapman Mr C Carr Mrs L Carr Mr P Chesney Mr B Christian Mr D Clarke Ms E Cockburn Mr S Coleman Mr B Cook Mrs L Cook Ms R Cook Mrs L Coop Mr G Corbett Ms A Crimes A Costello Ms R Critchley Mr M Critchlow Mr T Cross Ms J Crompton Ms K Currie Miss J Cunningham Mr S Davey Mr S Davies Mr E De Haan Ms A Dickens Mrs E Dickens Ms P Dickinson Mr N Dignam Mr P Dignam Ms E Dodge Mr G Dimelow Miss L Edwards Mr N Ellison Ms C Emms Mr M Evans Mrs P Facey Ms S Fairhurst Mrs M Fayle Ms S Farrelly Mr M Fisher Mr M Farrimond Ms J Flynn Mr S Foster Mr D Gardner Mrs A Gillard Mr K Gibson Mr G Gillard Ms L Gourley Ms J Gray Mrs S Gore Ms D Green Mr S Green Miss A Groves Ms K Guest Mrs S Guest Mr R Guest Mr S Hannah Mr J Hartley Mrs D Hathaway Miss J Hardman Mrs V Heathcote Mr B Hayes Mr G Hendry Mrs C Henshall Mr S Hibbert Ms H Heyes Mr N Higson Mr G Hobson Mr N Hodgkiss Mr S Hill Ms K Hodgson Mr M Hodson Mr C Holden Mrs E Holden Mrs P Hooton Mr C Howard Miss M Howard Mr R Howarth Mr N Howe Ms E Huelin Miss E Hughes Mr Hughes Mr N Hutton Mrs P Hylins Ms E Isles Mr C Jack Mrs J Jennings Ms M Jolley Mrs K Jones Ms S Kay

8 Mr D Keiller Mr C Kelly Mrs C Kelly Ms J Kenyon Miss A Kerry Mr S Khan Mr M Kinch Mrs S Kinch Mrs J King Miss L Kneale Mrs N Kneale Mrs S Kneale Ms H Knight J Kozera Mr B Lancaster Mrs R Leather Mrs A Lever J Lindsay Mr P Lisgo Mrs E Lloyd Ms M Lock Mr J Loughrey Mrs M Lowe Mrs J Lupton Mrs K Lyon Mr S Maharaul Ms P Mallon Mr Mangnall Ms S Marsland Mr I McDonald Mr L McDonald Mr D McGee Ms M McIntyre Mr S McMinn Mrs W McMinn Mr S Megrath Mr K McSweeney Mr S Mellor Mr S Middleton Mr J Minister Mr P Minister Ms K Mitchell Ms L Monroe Ms K Morgan Mrs P Morgan Ms S Morrison Ms A Munro Mrs C Murphy Mrs L Murphy Mr D Murray Mrs J Murray Mr M Murray Ms S Newman Ms P Nickson Mr S Noden Mr P Norris Mrs N Norvall Mr M O’Keeffe Mr S O’Sullivan Mr S O’Neill Miss C Owen Ms D Page Mr J Pagett Mr C Parr Mrs N Patterson Ms C Pealing Ms G Phillips Mr A Pieterse Mr N Pike P Prescott Mr S Pretlove Miss C Quick Mr R Quick Mrs Z Rahman J Rees Mr N Reeve Miss C Regan Mr T Rexstraw Ms M Richmond Mr D Ritchie Ms J Rowlands Ms E Sagar Mr S Fairweather Mrs M Sharpe Miss D Sheldon Miss A Shipley Mr N Simmons Mr S Shortt Mr D Skellorn Mrs C Smith Mr C Smith Mrs P Smith Mr P Smith Mrs L Spencer Ms L Stafford Ms L Steele Ms E Stephens Mr Stephenson Ms A Storey Dr H Storey Mr A Taylor Miss H Taylor Mrs J Taylor Mr M Taylor Ms J Thurston Ms W Tinsley Mr D Todd Nicholls Mr J Toft Mr R Trombettoni Ms N Tucker Mrs J Turner Miss N Turner Mr B Walker Ms K Walker Mr M Walker Mr I Walters Mr D Warburton Mrs J Warburton Mrs R Warburton Mrs J Watson Mr K Wesley Mr G Westwell Mr F Whittaker Mrs M White Mrs K Whittle Ms J Wilkinson Ms M Williams Mr S Williams Mr M Wilson Mr Winstanley Mrs M Winstanley San Wong Mr D Wood Miss Woodcock Mrs H Wynne Ms C Zanni

d. Individual fundraisers

Chris and Natalie Hazelhurst. The Gordon Marriott Memorial Golf Day raised a fantastic £20,000 for GMAVSG in September. Chris and Natalie followed this up by organising a Christmas Gala which raised a further £3,000. We would like to express our sincere thanks to Chris and Natalie for all their fundraising on our behalf.

9 We would also like to thank Mrs Maureen Lewis. A charity cricket day at Royton Cricket Club raised over £3,000 for GMAVSG and the same amount for Mesothelioma UK. Unfortunately her husband Trevor passed away shortly before the day of the match but the family agreed that the event should still proceed in his memory.

Trevor had been a top-class semi-professional cricketer, once featuring in the Sun newspaper after hitting six 6s in one over.

We would also like to express our thanks and appreciation to the following individuals who also raised a great deal of money for us in sponsored runs and similar events:

 Lawrence McDonald  Wendy Rayner  Mark Alderson  Jon Horton  Mike Barton and family  Angela Ashcroft  Lesley Cook  Suzi Cooper  Jen Burch  Elly Cordwell  GM Police  Tom Wyatt  Annette Fairclough  Emily Dugan and Oly Duff  Ben Cook  Paul Blackburn

6. Solicitors Panel We would like to thank the members of our Panel who have supported us so well throughout 2014: Thompsons Solicitors; Irwin Mitchell Solicitors; McCool Patterson & Hemsi; Pannone (part of Slater & Gordon); John Pickering & Partners (part of Slater & Gordon Lawyers)

7. Website We would like to thank Mervyn Payne for maintaining our website throughout the year and John Harte for initiating and funding the web site.

8. Trustees Trustees who have so ably supported and directed GMAVSG’s work: Caroline Bedale; Anthony Coombs; Barbara Eason; Ann Oldham; Vera Rigby; Geoffrey Tweedale.; Tony Whitston

Graham Dring, Jeff Eaman and Rob Rayner GMAVSG 24 June 2015

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