The heading to both versions of this Bill says its purpose is "to provide that certain asbestos-related conditions are actionable personal injuries; and
for connected purposes".
The House of Lords ruled in Johnston v NEI International Combustion Ltd [2007] UKHL 39 published on 17th October 2007 (see notes at Rothwell v Chemical & Insulating Co Ltd CA 2006 ) that asymptomatic pleural plaques (an asbestos-related condition) do not give rise to a cause of action because they do not signify damage or injury that is sufficiently material to found a claim for damages in tort.
The Bill, if enacted, will effectively reverse this House of Lords judgment. It provides that someone suffering from pleural thickening or asbestosis would not have to prove that it was causing impairment of their physical condition to claim damages on the basis of personal injury.
Current progress of the Bill is noted on a regularly updated parliament website. It passed all stages in the House of Commons but failed to become law during the Parliament which ended in April 2010 but Andrew Dismore has said he will reintroduce it if he is reelected.
Seperately Andrew Dismore MP has introduced a private members Damages (Asbestos-Related Conditions) (No. 2) Bill in the House of Commons. It had its second reading in the House of Commons on 5th February 2010 (see Hansard HC, 5th Feb 2010 col 574). This was the same day as the Damages (Asbestos-Related Conditions) Bill noted above had (and passed) its second reading in the House of Lords. No doubt the two Bills will, in due course, be merged in some form.
Useful reference may be made to the Industrial Injuries Advisory Council Position Paper on Pleural Plaques, 30th June 2009 (and see notes at Social Security/employment related benefits/industrial injuries disablement benefit ).
See also notes at Acts of Parliament etc/0 Scottish Acts/Damages (Asbestos-related Conditions) (Scotland) Act 2009 which is designed to have this effect in Scotland and/or generally notes at Health and Safety at work/asbestos .