Explanatory Memorandum

Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011

2011 CHAPTER 28

25 July 2011

Consultation

8.On 13 October 2008 DFP issued a consultation paper which considered the impact of the decision in the Johnston case and sought views on a range of options, from increased support, help and information for people with pleural plaques to the introduction of amending legislation to “reinstate” civil claims in negligence for asymptomatic pleural plaques. The consultation period concluded on 12 January 2009 and, ultimately, the option of legislative change commanded the most support. However, there was also general support for awareness-raising and information gathering/sharing, provided such activities were undertaken in a careful and sensitive way.

9.From 9 July 2010 to 6 September 2010 the Department consulted on the terms of the Bill which would become the Act. Twelve responses were received. Most of the responses came from the insurance industry, which restated its opposition to legislative change.