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

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    The war within wars

    Why the Western-backed assault on Islamic State in Iraq and Syria is failing.

    The first signs of a Western-backed attempt to recapture Raqqa, ­Islamic State’s de facto capital in Syria, came a fortnight ago when fighter jets dropped leaflets over the city telling residents to leave. “The time has come,” the warnings read, alongside an illustration of residents evacuating the city as incoming forces overran IS fighters.

    Although up to half of Raqqa’s residents fled when IS first took control of the city in 2014, the militants have made it ­increasingly difficult for the people who stayed behind to leave. Following the US-led coalition’s warnings of an impending attack, however, the jihadis relaxed their restrictions on movement. Citizens were allowed to disperse into the nearby countryside. The idea was to spare them whatever onslaught was planned against Raqqa while keeping them within IS territory.

    Ever since the latest offensive against IS began in Syria and Iraq in late May, it has become clear that the group will not concede territory easily around Raqqa – or elsewhere. It might lose small villages from time to time, but all of its major urban centres remain well fortified. Few observers expect them to fall any day soon. IS has too much invested in Raqqa, as well as Mosul in Iraq. Occupying the cities fuels the group’s prestige by projecting the impression of ­viable statehood and by allowing it to house fighters and military equipment.

    Raqqa is the nerve centre of IS operations. Several training camps are located on its outskirts, including those used to plan attacks against the West. IS has long anti­cipated a revanchist campaign against its Syrian base and has fortified the city by surrounding it with trenches and landmines to thwart any hostile advance.

    What makes the fight against IS even more challenging is that its fighters are not easily disheartened. Before this latest campaign, I spoke by Skype to a British fighter from High Wycombe, Buckinghamshire, about how the group perceives territorial losses. He responded with the kind of fatalistic indifference that only the faithful enjoy. Their obligation, he told me, was simply to try their best. The challenge for them was to fight with all they have. Results come from Allah, so, if defeat and setbacks follow, then it is the will of God.

    There are two possible interpretations, in their reasoning, for why God might not deliver success for them – because He is punishing or testing them. Either way, the conclusion is the same: to double down on their commitment. In that spirit, they are resolved to fight until victory or martyrdom – and both outcomes represent success. This reasoning shows just how hard it can be to erode the morale of IS’s most doctrinaire fighters (though not all are so zealous in their commitment).

    ***

    The ground push for Raqqa has been overseen by the Syrian Democratic Forces (SDF), which are led principally by the YPG, an ethnically Kurdish unit of fighters concentrated in north-eastern Syria. Although the SDF officially claims to be an umbrella movement for more than 20 different fighting groups – some of which are Arab – its heavily Kurdish composition has made it a reluctant and unsuitable partner in the push to liberate Raqqa.

    To understand the reasons why, it is necessary to parse the conflict into its constituent parts. We often hear about the sectarian dimensions of the Syrian civil war, yet this is just one aspect of a much broader tapestry. Syria is a series of wars within a war. Just as there are sectarian components, there are strong ethnic dimensions, too. These are especially pronounced in the northern regions where the Kurds, with their cultural and linguistic distinctiveness, stand apart from their Arab neighbours.

    The Kurds have usually formed defensive fighting units in the Syrian conflict, preferring to safeguard and administer their own areas rather than acquire new territory such as Raqqa. Another issue is that Arab ­civilians are reluctant to have non-Arabs push into their cities. The anti-IS activist group Raqqa Is Being Slaughtered Silently (RBSS) says that residents worry about ethnic retribution against an Arab population that is seen as having historically oppressed the Kurds. Many reason that it is better to keep IS and deal with the devil they know.

    Those fears are not unfounded. With the horrors of IS and the Syrian army so magnified, it is easy to forget that every fighting group in this conflict has violated human rights and continues to do so. The Kurds are no exception; in October, Amnesty ­International accused Kurdish fighters of war crimes after they razed Arab villages in al-Hasakah and al-Raqqa Governorates. All of this adds to the intractability of the war, forcing people to seek security within their communal, sectarian or ethnic circles. Syrians are hardly unique in this respect; they are merely repeating a pattern of countless conflicts around the world.

    This makes it extremely difficult for the West, which is reliant on local forces to do the fighting. The US is supporting al-Hashd al-Shaabi (meaning “popular mobilisation committee”), a nominally Iraqi force leading the assault against IS in Fallujah. Iraq’s prime minister, Haider al-Abadi, has made two main claims about al-Hashd al-Shaabi: that it is a non-sectarian movement of ordinary Iraqis from all sections of society who want to drive IS from the country, and that its leadership reports to him personally.

    Neither of these claims is accurate. It is true that some divisions of al-Hashd al-Shaabi comprise Sunni fighters, but it is overwhelmingly dominated by Shias. Its military campaigns are directed not from Baghdad, but Tehran. These efforts are overseen by Qasem Soleimani, a celebrated Iranian major general in the elite Quds Force, who is perhaps the most important military official with a battlefield presence in Syria and Iraq. He previously orchestrated several successful campaigns for President Bashar al-Assad and the al-Abadi force.

    Though the ongoing assaults on Raqqa and Fallujah have put IS under pressure on two fronts, anyone hoping this might signal a turning point in the conflict is likely to be disappointed. For every push that shunts IS backwards – often only marginally – many new recruits are spawned.

    Videos released on social media from the latest assault on Fallujah appear to show how incoming Shia fighters have beaten and tortured Sunni civilians. The pictures of abuse are overlaid with sectarian slurs, often invoking sensitive points of disputed Sunni/Shia theology. These resound across the region and arguably do even more damage than the images of abuse.

    The rapid deterioration in sectarian relations that followed the 2003 invasion of Iraq explains how IS was able to capture Sunni areas of Iraq with such ease. Ordinary residents do not necessarily agree with the authoritarian strictures of its regime, but they mostly understand them. These latest outrages from incoming al-Hashd al-Shaabi fighters will only fuel the belief among Sunnis that they are best served by Sunni administrations – however brutal.

    Islamic State has repeatedly invoked the vulnerability of the Sunnis across the Levant to justify its violence. This is the constituency in whose name it claims to act and whose interests it claims to defend.

    Shortly after IS first captured Mosul, in June 2014, the group released a video, aimed at Iraqi Sunnis, explaining how both the West and Iraqi Shias had conspired against them in 2003. The result had been a decline in Sunni fortunes and increased insecurity as Shia death squads sought revenge after decades of repression and abuse.

    This resonated strongly with Sunnis such as the Albu Mahal and al-Qa’im tribes, which had supported the US-led “awakening”, a military strategy initiated in 2005 to encourage Sunni Iraqi tribes to fight against the insurgency initiated by al-Qaeda. IS captured the heads of those tribes and forgave them for fighting alongside the West against al-Qaeda in Iraq. We are not accustomed to seeing videos of IS pardoning captives, but this was as careful and calculated as any of its ultra-violent theatre. The exercise was designed to project the group as a bastion of Sunni honour and security.

    That is the story behind so much of IS’s strength today: the fears of the vulnerable Sunni poor over whom militants govern. Remove that constituency, and the group would collapse. But the Obama administration has done little to allay Sunni fears. Rather, it has exacerbated them by launching air strikes against IS targets in Fallujah, fuelling a perception that it is working hand-in-glove with Shia militias loyal to Iran.

    ***

    The latest attempt to seize IS terri­tory points towards a more pressing question: what, actually, is Islamic State? During a recent meeting at the Foreign and Commonwealth Office, one analyst brilliantly described the mercurial nature of the group. To residents of Raqqa, it appears as a proto-state, replete with all the nomenclature of statehood: an executive, judiciary, police force and civil administration. To rebel groups in the north and for President Assad in Syria, it is more of an aggressive insurgent movement with which there are periodic battles for control of land. For the French and Belgians, it feels more like a conventional terrorist group that deploys suicide bombers and gunmen to kill as many civilians as possible.

    Such is the kaleidoscopic nature of IS that there is no reason why it cannot assume multiple forms at the same time, or why it can’t move from one to the other. If the territory in which it operates is overrun, it will revert to being a conventional terrorist movement that unleashes waves of attacks against the West and others. IS has already demonstrated both its willingness and ability to strike in Europe, Egypt, Lebanon, Saudi Arabia, Tunisia and Turkey.

    It now also appears an American man, Omar Mateen, self-identified with Islamic State and affiliated himself to the group in order to carry out the most deadly act of US domestic terrorism since the 11 September 2001 attacks. Mateen killed 49 revellers, and injured more than another 50, at a gay bar in Orlando, Florida, on 12 June. The ability of individuals to align themselves with IS despite having no tangible links to it underscores the difficulties of acting decisively against the group. Indeed, this is precisely what IS has advocated. A few days ago, its official spokesman, Abu Muhammad al-Adnani, repeated his call for individuals to launch attacks in the West on the group’s behalf. Following the Orlando massacre, supporters have already suggested copycat attacks in Paris, London and Washington.

    By way of comparison, let’s consider what al-Qaeda looked like on the day after the 9/11 attacks. What the West faced was a small group – of perhaps 500 key individuals, if we’re generous – committed to its programme of global jihad. By contrast, even conservative estimates today place ­Islamic State’s manpower somewhere in excess of 20,000. And no one has yet convincingly addressed how to mitigate the threats that will emerge from the region should IS suffer a sudden loss of territory.

    IS’s control of large parts of Syria and Iraq will not end quickly. Not only is the group embedded and emboldened, but it enjoys the strategic advantage that comes with being able to operate across two (however nominally) sovereign states. In that respect, the Syrian and Iraqi crises embody all the difficulties of the last hyphenated conflict of the past decade, the so-called challenge of “Af-Pak” (Afghanistan and Pakistan). There, the US found that whenever it pushed against Taliban fighters in Afghanistan, they disappeared over the border. When Pakistan did the same, insurgents moved the other way.

    Many of the same issues undermine Western-backed attempts to eradicate IS today. When it allowed civilians to move from Raqqa into the countryside, its own families, fighters and supporters were moved
    as well. It has also begun moving critical personnel and heavy arms out of Raqqa, repositioning them near the Iraqi border. In the unlikely event that its operations in Syria are severely compromised, it will fall back into its Iraqi hideouts, and vice versa.

    Pressuring IS, therefore, is like squeezing the air in a balloon: push on one area and it moves to another place. In Syria, even as IS militants fight to defend their territory in Raqqa, they have made gains in the ­Aleppo Governorate, moving ever closer to the strategic town of Azaz. Whoever controls Azaz also controls the nearby Bab al-Salam border crossing with Turkey, an important source of revenue and influence. IS previously occupied Azaz but abandoned it in 2014 to consolidate its control in Raqqa. That the group is close to recapturing Azaz at a time when the Obama administration wants to suggest that IS faces an existential crisis shows just how fissiparous and ­intractable this conflict remains.

    Shiraz Maher is an NS contributing writer and the deputy director of the International Centre for the Study of Radicalisation at King’s College London. His book, “Salafi-Jihadism: the History of an Idea”, is newly published by C Hurst & Co

    Shiraz Maher is a contributing writer for the New Statesman and a senior research fellow at King’s College London’s International Centre for the Study of Radicalisation.

    This article first appeared in the 16 June 2016 issue of the New Statesman, Britain on the brink