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Asbestos NHS costs laws overruled by Supreme Court Asbestos NHS costs laws overruled by Supreme Court
(about 1 hour later)
Firms in Wales whose staff are treated for asbestos-related illnesses will not be ordered to reimburse the NHS.Firms in Wales whose staff are treated for asbestos-related illnesses will not be ordered to reimburse the NHS.
The Supreme Court was asked to settle the matter after the insurance industry challenged the assembly's right to pass legislation on the issue in 2013. The Supreme Court agreed with insurers who claimed an assembly law passed in 2013 was outside its competence.
On Monday the court said it agreed with insurers who claimed the legislation was outside the assembly's competence. The court said Welsh ministers had no right to impose charges to fund the NHS, and insurers should not be given extra liabilities for asbestos exposure which long predated the bill.
Pontypridd Labour AM Mick Antoniw, who first proposed the law, said it could raise £1m a year for the NHS. The Association of British Insurers (ABI) welcomed the judgement.
The Association of British Insurers (ABI) had claimed extra costs would outweigh any benefits to the public. "The Welsh Bill would have seen increased insurance premiums for Welsh businesses but no extra compensation for mesothelioma sufferers," said a spokesperson.
"The insurance industry remains committed to doing all it can to help the victims of this terrible disease and would be happy to work constructively with the Welsh Government on this issue, as it does on other public policy."
Pontypridd AM Mick Antoniw, who first proposed the bill, had predicted it would raise £1m a year for the NHS in Wales.
The bill had been referred to the Supreme Court by the Welsh government's Counsel General Theodore Huckle following objections from the insurance industry.
The Supreme Court has previously ruled in favour of the assembly on changes to local government by-laws and the re-establishment of the Agricultural Wages Board which had been abolished by the UK government.