The Scottish
Parliament's Justice Committee has welcomed measures to
ensure that people diagnosed with pleural plaques will continue to
be able to claim damages. Publishing its report this morning, the
committee recommended support for the Damages (Asbestos-related
Conditions) (Scotland) Bill. However, the committee also expressed
concern about the potential financial implications of the bill and
questioned the adequacy of its Financial Memorandum.
Committee Convener Bill Aitken MSP said:
"Given that people with pleural plaques have been
negligently exposed to asbestos and given that for the last twenty
years they have been awarded damages, it is appropriate that
damages should continue to be awarded.
"However, the committee is concerned that the figures
provided by the Scottish Government in the Financial Memorandum
might not accurately reflect the full costs of the bill. Equally
worrying to the committee is the potential impact on the Scottish
budget if UK Government Departments, such as the Ministry of
Defence, pass their liability onto the Scottish Government.
"It is essential that these specific matters are resolved
prior to the bill being approved by the Parliament as a whole at
Stage 3."
Background
The Damages (Asbestos-related Conditions) (Scotland) Bill was
introduced in the Scottish Parliament on 23 June 2008 and referred
to the Justice Committee. The Justice Committee received written
and oral evidence from a number of sources all of which can be
found on the Committee web page.
The Scottish Parliament: - Committees - Justice - Damages
(Asbestos-related Conditions) (Scotland) Bill Homepage
The
Stage 1 debate on the Bill is scheduled to take place in November.
The stages of a bill
The parliamentary process of a bill depends on the type of bill,
but usually consists of three stages:
Stage 1: The appropriate parliamentary committee(s) takes
evidence on the bill and produces a report on the bill's
general principles. A meeting of the Parliament then considers the
report and debates whether to agree to the bill's general
principles. If the Parliament agrees, the bill goes on to Stage 2.
If the Parliament does not agree, the bill falls.
Stage 2: The bill is considered in detail, by a committee or,
occasionally, by a Committee of the Whole Parliament. Changes,
known as amendments to the bill, can be made at this stage.
Stage 3: The bill is again considered at a meeting of the
Parliament. Further amendments can be made and the Parliament then
debates and decides whether to pass the bill in its final form.
Once a bill has been passed, there is a four-week period during
which it may be challenged by the Law Officers if they believe
that it is outside the law-making powers of the Scottish
Parliament. If it is not challenged, it is then submitted by the
Presiding Officer to the Queen for royal assent.
On receiving royal assent, a bill becomes an Act of the Scottish
Parliament. Some Acts, or sections of an Act, come into force as
soon as royal assent is granted. However, the Scottish Government
often sets a date or dates on which the Act, or parts of it, will
come into force.
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