Justice 2 Committee, 12 Dec 2001

Meeting date: Wednesday, December 12, 2001

Official Report 233KB pdf

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Petition

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Asbestos (PE336)

Members will be aware that we need to replace Mary Mulligan as our reporter on PE336, which deals with asbestosis, as she has now been appointed as a minister. The committee's position is that we want to pursue fully many of the issues mentioned in the petition, particularly those about delays in the civil court system and the way in which asbestosis victims have been treated. We are now compiling information so that we can see what Lord Coulsfield's report, which deals with some of those aspects, provides in terms of the petitioner's wishes and where there might be a gap between that report and the petition. We have not had a chance to consider that yet.

We need someone to co-ordinate the activity so that, when we have a slot next year, we can call the Lord President of the Court of Session and the petitioner to speak to the committee and progress some of the work. Do we have a volunteer to become a reporter? I would be happy to assist but I think that we need a main reporter.

Before the committee makes a decision, I indicate that, although I assisted Mary Mulligan in the initial stages of the issue and worked with Fiona Groves, it seems unlikely that I will continue to be a member of the committee after the Christmas recess. Therefore, although I am interested in the subject and would have been willing to take on the task, it would be wrong of me to do so, given the importance of the subject to the petitioners and the committee. We were unanimous in how strongly we felt about the issue.

Thank you. I should have said that you were assisting Mary Mulligan. I expected that we would appoint you as the reporter because you had done all that good work on our behalf. We are grateful for your work on the issue and for advising us that you may not be on the committee in future. I am sorry to hear that you may be leaving us. I know that otherwise you would have stepped in and continued the work.

I am happy to assist anyone who is willing to take on the job. I could defer the decision until the next meeting but I feel strongly that we must progress the work.

Until I am aware of who my political colleague might be, and as I am a member of the Rural Development Committee as well as the Justice 2 Committee, which adds to my work load, it would be difficult for me to do justice to the concerns of Frank Maguire and the asbestosis group. I share the view expressed around the table that we want to pursue the issue.

We have all been concerned about the way in which the civil justice system has responded to the problems of asbestosis victims. We all have constituency interests in the issue. I suggest, with regret, that we postpone making a decision for two further business weeks, or until the first week of the new year. I would like to think that the membership of the committee will then be known and perhaps others could also consider that.

Thank you. That is helpful.

I propose to maintain continuity on the issue, subject to our appointing a reporter. I would like to give as much of a commitment as possible, for the record, so that the petitioners see that I will ensure that, as far as possible, there is no delay in our progress. However, appointing a reporter would allow us to drive the work on. I will do that work in the next few weeks and we will return to the issue once things are clearer in the new year.

I will help you for the next few weeks until I hear my fate.

Thank you. That will be helpful.

Item 6 is the Land Reform (Scotland) Bill. As agreed, we will meet in private to discuss the evidence that the committee would like to take in relation to the bill.

Meeting continued in private until 12:55.