Stephen B Brown LLB, DlpLP Head of Legal and Adminlstratlve Sewlces E-mail stephen brown@west-dunbartongov uk

Our ref:cou28/1 UDL L$ks t If telephoning or calling please ask for U r t 011 s/iir-c) Dave Low (Tel 01389 737205) D R bo 2 1 December 200 1 Cou n cif Legal and Administrative Services Counci' Ofices Chief Executive Garshake Roacl Dumaron Argyll and Bute Council G82 3PU Kilmory castle Tel (01389) 737300 Loc hgilphead Fax (01389) 737870

Dear Chief Executive,

CLYDEBANK ACTION ON ASBESTOS GROUP - MOTION AGWED BY WEST DUNBARTONSHIRE COUNCIL ON 28 NOVEMBER 2001

At a meeting of West Dunbartonshire Council held on 28Ih November 2001, the Council considered a presentation by a representative of the Clydebank Action on Asbestos Group (CAAG).

The CAAG representative advised those present that in the current year, apart from the Chester Street judgement, the Fairfield judgement had been given and Turner and Newall had gone into voluntary administration allowing them to freeze all claims against the Company which would directly affect Clydebank Asbestos victims.

The Chester Street Insurance Holdings Ltd. campaign resulted in a significant victory for those affected by asbestos-related illness. Following the collapse of the company as a result of a number of claims for compensation from asbestos victims, a high profile campaign was launched culminating in HM Treasury confirming that claims for compensation lodged with Chester Street Insurance Holdings Ltd would be met by a the Government working in partnership with the insurance industry.

The Fairfield judgement relates to the Court of Appeal upholding a judgement in the English courts that compensation need not be paid to the widow of Arthur Fairchild. Mr. Fairchild died in 1996 of mesothelioma, an asbestos related disease. He worked with asbestos for years while employed by Leeds City Council in the 1960s but since he was also exposed while working for another company six years later the COURS ruled that his wife was unable to prove which company was responsible for the particular particle that killed him.

T&N (formerly Turner and Newall) was acquired by U.S. based company, Federal Mogul. Federal Mogul subsidiaries in the United Kingdom recently filed for voluntary administration as a direct result of the asbestos liabilities inherited' when companies such as Turner and Newall were acquired. By using this legal device, the subsidiary companies have been able to continue trading while claims for compensation have been 'frozen'. a 150

Following the presentation, the Council considered a Notice of Motion in the following terms:-

“This Council reaffirms our commitment to achieving justice for asbestos victims and their families.

Furthermore, this Council condemns the legal loopholes being utilised by Federal Mogul Corporation, the parent company of T&N in order to deny rightful compensation to those in our community who were by asbestos poisoning whilst in their employment.

In particular, Council notes that there may be former Turners Asbestos Cement, Dalmuir workers who fall within this category.

Council notes that it is less than 12 months since this Council supported a successful campaign during the Chester Street scandal. Council now agrees to repeat the actions we took at that time. This will include contacting every Council in the United Kingdom asking them to condemn the activities of Federal Mogul and ask that they express their concern to , Prime Minister, , Chancellor of the Exchequer; Helen Liddell, Secretary of State for ; and Jack McConnell, First Minister of the Scottish Parliament.

In addition to the above, this Council agrees full support, including financial if required, to the Clydebank Asbestos Group to assist their efforts in this campaign.”

The notice of motion gained the unanimous support of Council and accordingly I now write to you seeking your Council’s support in this matter.

I would also add that full support in the campaign for justice for sufferers of asbestos- related diseases has been forthcoming from the COSLA Working Group on Asbestos.

Please do not hesitate to contact me should you require any further information.

Yours sincerely

Dave Low Administrative Assistant