Asbestos: The lies that killed

Asbestos, now banned in the EU, kills up to 4,000 people a year in the UK alone. In this exclusive report, Ed Howker reveals how the industry hid the truth for decades and why the death toll will certainly continue to rise.

There are nearly one million documents on microfiche sitting in the office of the Manchester Metropolitan University Business School academic Geoffrey Tweedale. They expose a scandal that ranks among the biggest and costliest of our age: how the Lancashire manufacturing giant Turner & Newall (T&N), once the world's largest asbestos conglomerate, exposed millions to a lethal carcinogen in full knowledge of its dangers, using PR firms and politicians to hide a truth that it had secretly admitted to in 1961, namely that "the only really safe number of asbestos fibres in the works environment is nil".

Hidden in this massive archive are documents, revealed here for the first time, which tell the story of corporate recklessness that has led to the deaths of thousands of men and women in Britain who were once exposed to asbestos.

People living in the Spodden Valley area of Rochdale in the 1950s used to joke that they would get frost all year round. The local wood was nicknamed "the snow trees" and even the blackberries picked in late summer were covered with a fine white powder. But the "frost" was no joke - it was asbestos blown from extractor fans at the Turner & Newall factory in the heart of the valley.

Derek Philips never worked there, but for 19 years lived just yards from the site. He played bass in a band with T&N workers and recalls the factory as "the centre of the community". The guitars hang on the walls of his current home, a static caravan in the Pennine foothills where he waits to die of one of the asbestos-related diseases - meso thelioma, which appears decades after exposure to asbestos and which is killing more than 2,000 people every year in the UK.

His plight has been all too common in Rochdale. In the 1980s the New Statesman reported that on some roads near the factory every second household had lost a family member to asbestos diseases.

"I was diagnosed in October [2007]," says Philips. "A month later they drained three litres of fluid from my lungs. I couldn't even stand up properly. I've just no chance, have I? I didn't know about the risks."

In the coming months, how he was exposed to asbestos and who he was working for at that time will become vital issues as lawyers fight to win compensation for Derek.

The latest gambit of some insurers is to claim that their liabilities extend only to victims whose disease manifests (is triggered) when they are actually at work, not when they were negligently exposed, which can occur decades earlier. The union Unite is backing one of six test cases that have been presented on behalf of victims to Mr Justice Burton, who will rule in the high court this autumn. If he finds for the insurers, thousands of mesothelioma victims could find themselves without compensation for their suffering.

This long-running war between victims and insurers has an unlikely new player: Warren Buffett, the richest man in the world, who will watch the results of the "trigger issue" case with interest. Next year, National Indemnity Company, a division of the billionaire's Berkshire Hathaway, will take control of an office in the City of London that is unable to respond to telephone inquiries and has only one full-time employee. This skeleton of a business is called Equitas. It was worth $8.7bn in cash and securities when Buffett took it over in 2006. It had been created a decade earlier by Lloyd's of London to solve a multibillion-dollar crisis in insurance: the overextended liabilities of Lloyd's Names.

 

Who is liable?

 

By the 1980s, the burden of asbestos-related insurance claims underwritten by Lloyd's Names had become so great that the Names were threatened with bankruptcy. Equitas was established to manage the liabilities. Nearly half its reserves are dedicated to asbestos reinsurance claims predominantly from the United States. Some experts considered even Equitas's billions insufficient to cover the insurers. Buffett's deal augments the fund by a further $7bn to cover any shortfall and the Names will heave a collective sigh of relief when the transaction is approved formally by the high court next year.

So, what is in it for Buffett? When the Financial Times first interviewed him about the proposed deal in 2006, he admitted: "It will be long after I am dead before we know the final answers on how it all works out." Meanwhile, however, he will gain access to some of the most capable reinsurance analysts in the world.

Geoffrey Tweedale, author of Magic Mineral to Killer Dust, comments: "The deal will only be profitable if Berkshire Hathaway can limit their liabilities." In other words, Buffett would have to limit payments to the insurers that compensate victims. Alistair Darling's "bonfire of red tape" announced in the last Budget will help.

In July, the Treasury amended the Employers' Liability Regulations to revoke the requirement for businesses to keep insurance records for 40 years. But, in asbestos-related cases, decades can pass between exposure and the development of the disease. Without records, victims may be unable to establish who is liable. Tony Whitston, who runs the Asbestos Victims Support Groups Forum UK, says: "It's a body blow to our groups who have to pick up the pieces when victims are unable to obtain justice."

The people of Rochdale have long experience of that.

Samuel Turner was a pioneer, spinning fireproof and corrosion-resistant textiles from Canadian asbestos on secondhand cotton machinery in the 1870s. From meagre beginnings, T&N grew to be the biggest asbestos conglomerate in the world, as well as a popular local factory.

Brian Penty worked at the site from 1963 until 1996: "There was a bowling green and Christmas parties for the kids," he explains. "It was a family thing. People never really took on board what was being said about asbestos."

Beneath the rosy tale of northern endeavour lurked a darker story. As early as 1898, government factory inspectors were warning that asbestos "easily demonstrated danger to the health of the workers". The T&N files first refer to asbestos cancer in Rochdale in the 1930s.

By 1947, the national factory inspector's report emphasised the incidence of lung cancer among asbestos workers but, astonishingly, no detailed research was undertaken by the government. Only in 1955 did Richard Doll, then a junior academic (and later famous for establishing the connection between tobacco-smoking and cancer), complete an epidemiological study in Rochdale which established the link between asbestos and cancer. He had been approached by T&N but the company initially refused to allow him to publish the findings. Later T&N persuaded its own scientist, Dr John Knox, to draft a paper discrediting Doll's work. Knox encouraged academic scepticism about asbestos diseases but clearly knew there was a problem. He regularly X-rayed employees and when the results showed them developing signs of disease moved them to less dusty jobs. They were not told why.

The signed witness statement of a worker who later died states: "They did not say in 1974 that I had asbestosis but I expect there was something on my X-ray which made them think it was time I came out."

And Brian Penty remembers a so-called "blood pressure survey" in 1982: "They actually drew blood. A couple of years later I was at my GP's surgery - he'd been sent the results. Apparently they were testing for asbestos in my bloodstream."

In public, T&N strove to be portrayed as a responsible employer. In 1944, a manager of the plant wrote to factory inspectors: "In a number of cases we make ex-gratia payments in addition to the statutory compensation. Where an employee has no standing for some technicality we pay compensation, as it appears desirable to deal with the problem on broad lines, and not to rely on some legal point in our favour."

Yet, when the first official asbestosis victim, Nellie Kershaw, died in 1924, the firm wrangled about paying compensation to her bereaved family. Finally they decided not even to contribute towards funeral expenses since, as one company manager warned, it "would create a precedent and admit responsibility". She was buried in an unmarked grave.

 

The T&N archives are full of death certificates of former employees, placed with internal correspondence never disclosed to grieving families. The official cause of death attributed to Edna Penham, a 64-year-old asbestos stripper at T&N, for example, was peritonitis. The company's personnel manager noted that his records showed she was "40 per cent disabled due to asbestosis", though there was no reference to this on her death certificate. It appears the coroner did not know. There was no inquest.

 

Keeping quiet

 

Eventually T&N employed the insurance giant Commercial Union to administer a fund for diseased employees. Geoffrey Tweedale found examples of former employees being placed under surveillance by the firm - desperate not to be held liable. Company policy appeared to be to mislead coroners' inquests, pay compensation only if forced and avoid payouts that might create precedents.

In 1964, T&N solicitors warned the directors: "We have, over the years, been able to talk our way out of claims but we have always recognised that at some stage solicitors of experience . . . would, with the advance in medical knowledge and the development of the law . . . recognise there is no real defence to these claims and take us to trial."

The company found government representatives only too pliant. One medical adviser is recorded as advising T&N to keep quiet about the cancer dangers of their product. In correspondence between two directors of the plant, the opinion of Professor Archie Cochrane, director of epidemiology at the Medical Research Council, was noted: "In tackling a problem of this nature [mesothelioma] one should either be completely frank with everyone or maintain complete secrecy - it is the latter that he feels is best at the moment."

In 1968, T&N circulated a confidential five-point plan entitled "Putting the Case for Asbestos". Drafted by the international PR firm Hill & Knowlton and designed to enable staff to field questions about asbestos cancer, it began, in capital letters: "Never be the first to raise the health question."

When government departments did raise questions about the safety of asbestos, the Board of Trade intervened, arguing that any suggestion that asbestos presented a danger would damage British jobs. So, the sale of asbestos products continued to grow in the UK throughout the 1960s and 1970s.

T&N also relied on the assistance of Cyril Smith, the larger-than-life Rochdale MP and parliamentary pioneer of the Saturday-night television chat-show sofa. During the summer recess of 1981, Smith wrote to Sydney Marks, the head of personnel, informing him that the House would debate EEC regulations on asbestos in the next parliamentary session.

The letter asks simply: "Could you please, within the next eight weeks, let me have the speech you would like to make (were you able to!), in that debate?"

T&N's draft is almost identical to the speech delivered by the Rochdale MP, stressing the need for less regulation and arguing that substitutes for asbestos should be approached "with caution". "The public at large are not at risk," said Smith. "It is necessary to say that time and time again."

Writing in the local paper, he claimed to have "worked very hard on the speech and have spent hours, both in reading and in being at the works, trying to master the facts about safety in asbestos".

A year later he declared 1,300 shares in the company. Six months after that J B Heron, the chairman of T&N, wrote to Smith again, thanking him for his assistance with the Commons select committee meetings which followed Alice, a Fight for Life, the Yorkshire Television documentary that highlighted the plight of T&N employees.

When last month the New Statesman approached Smith for a comment, he said: "If you've got the documents, it is all true."

 

Some may receive nothing

 

By 1999, the game was up for T&N when the European Union banned the import and production of asbestos throughout the EU. But with the factory's demise came the greatest in justice of all. In the UK, neither T&N nor its insurers faced substantial product liability claims or decontamination costs. Instead, the company was purchased by Federal-Mogul, a US company which later declared Chapter 11 bankruptcy - a status that ring-fenced its compensation liabilities.

With the company protected from its creditors, a UK-based T&N asbestos compensation scheme of just £100m was established by Federal-Mogul's UK administrators.

Those who, like Derek Philips, may have been victims of environmental exposure at T&N's factories may end up receiving little or nothing.

"The hardest thing," says David Cass, a solicitor specialising in compensation for mesothelioma victims, "is having to tell people who walk into my office, 'I won't get you an apology.'"

Who is left to provide one? T&N is now a shell. The civil servants and politicians who failed to regulate the industry are no longer in post; the insurers who took on the liabilities are long retired. They cannot account for their decisions now. But we will live, and many will die, with the consequences.

 

 

 

Asbestos: the killer facts

 

 

 

1

asbestos is the single greatest cause of work-related death in the UK

4,000

number of asbestos-related deaths in the UK in 2005

79

number of teachers who died from mesothelioma between 1991 and 2000

13,000

schools in Britain may have been built using asbestos materials

60

number of years after exposure to fibres it may take for an asbestos-related disease to manifest itself

25%

of victims of mesothelioma work in the building or maintenance industry

2.2 million

tonnes of asbestos were mined worldwide in 2005

Research: Adam Lewitt

 

     

    This article first appeared in the 01 September 2008 issue of the New Statesman, The truth about GM food

    DAVID YOUNG FOR NEW STATESMAN
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    An English tragedy: how Boris, Dave and Brexit were formed by Eton college

    It's said that the Battle of Waterloo was won on the playing fields of Eton. Was Britain's relationship with Europe wrecked there?

    The brief window in which it was cool to be an Etonian has closed. That period was marked not just by Etonian success and visibility – in politics, on the stage, in the media, even on the balcony of Buckingham Palace – but also by a new-found unabashedness in expressing pride at having attended King Henry VI’s Thames-side ­college, founded for 70 poor scholars in 1440. David Cameron summed it up when he said he was “not embarrassed” that he had gone to “a fantastic school . . . because I had a great education and I know what a great education means”.

    All this was quite strange and ­perturbing to me, as an alumnus of an older era, the 1970s, when being an Etonian seemed decidedly uncool. When asked which school we had attended, my contemporaries and I muttered that we had been to a comprehensive near Slough. It was perturbing because I always had my doubts about Etonian confidence, or arrogance.

    The closing of this window can be dated precisely to the early hours of the morning of 24 June. At that moment, it became clear that David Cameron had taken an insouciant, arrogant and disastrous gamble, in the interests of maintaining Conservative Party unity, by calling an unnecessary referendum on Britain’s membership of the European Union that he believed he was sure to
    win. The window closed even more tightly a week later, when Boris Johnson, having helped to lead the Leave campaign, suddenly declared that he was no longer standing for the Tory leadership – the glittering prize for which he had apparently abandoned his principles and betrayed his friends.

    If the Battle of Waterloo had been won on the playing fields of Eton, it now appeared that Britain’s relationship with Europe, and even its continued integrity as a nation, had been wrecked there. It was no surprise that there should be a turning against Eton, with gleeful opinion pieces from the left-leaning commentariat mocking everything from Tom Hiddleston’s backside to the commitment to public service of one of our ablest MPs, Jesse Norman.

    I find this reaction as shallow as the ­excessive pride that preceded it. Maybe that is not surprising, as I both love and feel dissatisfied, even disappointed, by the school where I spent five years of my boyhood and then two and a half years teaching English literature as a young adult. The feeling of let-down is more than personal. Eton has something to answer for, at a national level. A few years ago, I wrote these words: “I’ve often wondered whether this famous Eton confidence could be skin-deep: certainly people such as Boris Johnson and David Cameron do not lack chutzpah, but the confidence to believe you deserve the high position does not necessarily mean you possess the other talents – humility, for instance, and the ability to listen to others – needed to honour it.” Now the 11 Eton pupils who managed to secure an interview with Vladimir Putin have trumped even Cameron and Johnson
    in the chutzpah department, but not necessarily added lustre to their alma mater.

    I had a chance to reassess the ambivalence I feel about Eton, and to reflect on the role that this ancient and eccentric place has played in our national crisis, when I attended a reunion at my old school just three days after the dark night of 23 June.

    This was not a reunion of old boys but a celebration of the 50th anniversary of the Eton English department, an institution for which I feel affection and profound gratitude. As a boy, I was inspired not only to read voraciously and widely – the novels of Thomas Hardy, Henry James, Dickens, William Faulkner; the poetry of Coleridge, Wordsworth, Emily Dickinson, T S Eliot, Charles Causley, Louis MacNeice, Henry Vaughan; Shakespeare at his most intense – but also to analyse, think and feel simultaneously. Alan Paton’s Cry, the Beloved Country and Dickens’s Hard Times opened my eyes to conditions as far from my comfortable Home Counties upbringing as you could imagine, to the realities of racial segregation and working-class ­deprivation; opened my heart, too, I hope.
    I was being challenged to reflect on my privilege, even be discomfited by it – not just blindly perpetuate it.

    For those reasons, I was honoured to be invited back to teach, initially for just a year, in the department that had given me so much mind-and-soul nourishment. I was not the most confident or organised of teachers, but pupils I bumped into years later said they had enjoyed and gained something from classes in which discipline was not always the tightest. A debate I set up to discuss the miners’ strike turned into a riot. Above all, I enjoyed directing motivated and talented boys in productions of Journey’s End and Death of a Salesman which moved audiences.

    ***

    Inspiration, warmth and a streak of anarchy are, perhaps, not the qualities you associate with Eton. But they were present in the English department, which started as a sort of anti-establishment challenge to the hegemony of classics. Angus Graham-Campbell, my laconic head of department, summed up the department’s signature virtues as scholarship, exuberance and irreverence.

    The English department was not exactly typical of Eton as a whole. It was, I suppose, the haven for sensitive and artistic souls, for subversives and mavericks. Eton had other, for me less attractive, sides. I particularly disliked Pop, the self-elected club of prefects who strutted their stuff and lorded it over underlings in brightly embroidered waistcoats – the club to which Boris Johnson (but not David Cameron) belonged. This was more Game of Thrones than “The Love Song of J Alfred Prufrock”.

    Eton, above all, was intensely male, intensely hierarchical and intensely competitive. Like Boris, I was a King’s Scholar; successors of the original 70 poor scholars, we lived apart from other Etonians in ancient quarters close to the 15th-century chapel, wore gowns and competed more for academic honours than for social kudos. Like Boris, I won the Newcastle Scholarship in classics and divinity, a strange 19th-century leftover that involved composing verses in Greek iambics, reading the Gospel of Matthew and the Acts of the Apostles in Greek and answering a paper on the doctrine of the Atonement – all in the term before A-levels.

    I was proud of my academic achievements. But having had a chance to reflect on the Etonian male culture of competition from the outside, and then seeing it from a different angle when I went back to teach there, I began to doubt how healthy it was. I realised that coming top of the form and winning prizes had mattered far too much to me. It had even affected my choice of A-levels; I was good at classics and felt fairly confident of being the biggest fish in that smallish pond, rather than swimming in the broader waters of history and modern languages. Surely what mattered was finding yourself, your passion and your vocation?

    I was artistically minded and Eton provided wonderful opportunities in drama (the groundwork was being laid for the flowering of acting talent we have seen recently) and music; but “creative writing” and painting, encouraged up to the age of 14, were suddenly put away as childish things when you reached adolescence (this, mind you, is not unique to Eton). From the age of 15, I never even considered choosing to go to music, art or drama school rather than taking the well-worn path to an Oxbridge scholarship. Achieving that seemed to be the pinnacle of Etonian success, and the only thing my worldly housemaster ever cared about.

    Certainly no one talked much about happiness or emotional health. Eton’s pastoral care seemed close to non-existent. I kept my unhappiness to myself, with unhelpful consequences. For four of my contemporaries in college, who committed suicide in their late teens or twenties, the consequen­ces were more dire.

    This may be sounding too much like a personal lament, or a reprise of Cyril Connolly’s theory of permanent adolescence in Enemies of Promise. I found my way eventually to what I wanted to be and do (it involved a lot of psychotherapy and a wonderfully liberating year in Barcelona). But I think my criticisms of Eton have a bearing on our national tragedy.

    The atmosphere at the Eton English department celebration a few weeks ago did not lack the appropriate exuberance and irreverence, and the setting in the provost’s garden, surrounded with sculptures by Rodin, Jacob Epstein and Henry Moore, was exquisitely beautiful. Yet I could not help sensing the unquiet ghosts of Dave and Boris stalking the corridors behind us. I imagined them locked in an immature male rivalry that has ended up inflicting incalculable damage on a nation. Now Dave has decided to quit the political stage, leaving rather little in the way of legacy behind him.

    Perhaps Boris, the King’s Scholar, could not forgive Dave for winning the ultimate prize. However, in taking revenge, he found himself hoist with his own petard, before somehow managing to emerge with a lesser prize, which some see as a ­poisoned chalice.

    It all made me think of that supremely pointless sport, the Eton wall game. I played once or twice before giving up, repelled by the sheer unpleasantness of being ground into either brick or mud, and the tedium of a game in which the last goal had been scored in 1909. As a Colleger, though, I supported our team of brainboxes, drawn from the 70 scholars to play against the brawn of the Oppidans (the rest of the school, 1,200 of them). No doubting that it was antler-to-antler stuff, or like the contests of male musk oxen that knock each other senseless.

    Eton remains archaic in its attitude towards women. It is still a boys-only boarding school (though a small number of girls, mainly the daughters of teachers, have been pupils there), and the staff are overwhelmingly male. Being largely cut off from women and girls for much of your boyhood and adolescence does not seem to me an ideal recipe for emotional health, or for regarding women as equals.

    The school that has educated 19 prime ministers may provide a brilliant academic education and countless other opportunities, but it can leave its pupils emotionally floundering behind a façade of polish and charm. The effects of that emotional impoverishment can be far-reaching indeed. I am encouraged that the new headmaster, Simon Henderson, has signalled a change of tone at Eton, with more stress on “emotional intelligence” and “mental health”. That change is long overdue.

    Harry Eyres is the author of “Horace and Me: Life Lessons from an Ancient Poet”, published by Bloomsbury

    This article first appeared in the 15 September 2016 issue of the New Statesman, The fall of the golden generation