In my answer of 29 October 2007, Official Report, column 798W, to the hon. Member for Paisley and Renfrewshire, North (Jim Sheridan), I indicated that the Government had decided that it would not be appropriate to legislate on this issue. That remains the Government’s view.
The House of Lords reached a unanimous decision that pleural plaques do not constitute actionable or compensatable damage. The decision is based on fundamental principles of the law of negligence—first that compensation can only be payable where there is actual damage, and secondly that compensation is not payable simply for the risk or the worry that something might happen in the future.
Overturning these fundamental principles in the case of pleural plaques would create uncertainty in the law and could raise the possibility of claims being made much more widely for the risk of an illness occurring or for worry that something might happen. This would considerably increase the level of litigation and the possibility of weak or spurious claims, and could have damaging effects on business and the economy.