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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    Fight to the death in Mosul

    The street-by-street battle against Islamic State for control of Iraq’s second city.

    The men of Iraq’s special forces map their victories over Islamic State (IS) by tracing the scars on their bodies. “These four bullets were from a sniper in Ramadi,” said one soldier, lifting his shirt to show a pockmarked torso. A gap-toothed gunner called Ahmad turned a wrist and revealed his wound, a souvenir from Fallujah. Their commander’s close-cropped hair has deep furrows, the result of a rocket-propelled grenade (RPG) attack in the same city.

    Both Ramadi and Fallujah were retaken from IS this year, which restored the confidence of the Iraqi military after its humiliating retreat from the terror group. Two years ago, the Iraqi army ran from Mosul and a caliphate was declared. Now, the soldiers’ task is to build on their recent gains and liberate the country’s second-largest city.

    At the tip of the spear in Mosul is the Iraqi Special Operations Forces’ 1st Brigade, also known as the Golden Division. It is commanded by Major Salam al-Abeidi, the man who survived the RPG attack in Fallujah and led the offensive against IS in Ramadi. He is a compact figure, a black streak of ­motion in his special forces uniform, never at rest. (“He would exhaust 20 soldiers,” said one of his men.) He prefers to be on the offensive. “It’s when we are in defensive positions that we take the most casualties,” he told me.

    Al-Abeidi does not smile much, but he enjoys a joke. In his hands is always one of three things: a walkie-talkie, a can of Red Bull, or a cigarette. His seven-month-old German shepherd, named Caesar, has recently joined him at the special forces headquarters. Most of his men, fearless when fighting IS, are terrified of the puppy.

    The major leads from the front. In the morning, he is on patrol; in the afternoon, he is on the roof guiding air strikes. One evening, I found him climbing into a tank, heading out to defend a road. “Do you ever sleep?” I asked.

    “Sleep? I drink 20 cans of this a day,” he joked, holding up the energy drink.

    The Golden Division is making slow but steady progress through the eastern residential neighbourhoods of Mosul. This city is different from the ones in his previous campaigns, the major told me.

    “Most of the areas we fought in while in Ramadi were nearly empty of residents,” he said. “Here, it’s heavily populated, making the security forces very cautious while advancing, so as to avoid civilian casualties. The enemy uses a lot of car bombs.”

    The Zahra (formerly known as Saddam) and Qadisiya 1 districts of eastern Mosul are the battlegrounds of the moment. IS has blocked the streets with concrete barriers to impede the Iraqi military advance, and the Iraqi army has constructed earthen berms with the aim of slowing down the IS car bombers. The gunfire is constant; so, too, are the boom and thud of suicide attacks and coalition air strikes.

    “Here come the French,” said al-Abeidi, as fighter aircraft roared overhead while another explosion shook the eucalyptus and citrus trees of the neighbourhood’s gardens.

    On the front line, a four-lane road separates the Golden Division’s Bravo Company from IS. On the lookout in an abandoned house, a young sniper named Abbas pointed out a dead IS fighter lying a few hundred metres away. “Over the last four days, I killed three Da’esh [the Arabic acronym for IS]. But my buddy, he killed four or five,” he said.

    A car bomb detonated nearby, the shock wave blowing out what was left of the room’s windows. A French photographer accompanying us, who had refused to wear a helmet, almost dropped his cigarette.

    Abbas fired into IS territory, a precaution in case the car bomb was followed by attackers on foot. He continued: “Here, the difficult thing for us is that IS fighters carry babies in their arms, and all of them look the same – they have beards.”

    Outside, it looked and smelled like a war zone. Shops had been destroyed and I saw a burnt-out suicide truck that had crashed into a storefront. The street was littered with the remnants of another car bomb.

    Car bombs are the IS equivalent of cruise missiles. The militants have no aircraft, so they rig up and deploy these heavily armoured high explosives on wheels instead. The unit I was with had at least two a day aimed at it. They move fast and are often hidden, lying in wait. Only when the military think that a neighbourhood is clear do they appear, driven at speed and often with deadly precision.

    None of the forces fighting IS – the Iraqi army, the Kurdish peshmerga, the Shia militias – releases casualty numbers. If any ever does, these will show that many of their men were killed by car bombs.

    To avoid the militants’ RPGs and sniper fire, Bravo Company created rat runs through homes and backyards. My guide to the front line was called Sergeant Haider. Rooms and upturned domestic life flashed past us. The sergeant’s Frank Zappa moustache and wraparound shades were complemented by a grey knitted beanie. He looked like he should have been snowboarding, not touring a front line.

    “There are many more Da’esh here than in Anbar,” he said, referring to the province where Fallujah and Ramadi are situated. “Because this area has been under its control for two and a half years, Da’esh has really taken control. This looks like just the beginning of [retaking] Mosul.”

    Iraq’s prime minister, Haider al-Abadi, wants Mosul “liberated” by the end of the year. That is unlikely to happen. It will take a month at least, perhaps more, to make it to the banks of the Tigris, which runs through the city. And IS is concentrated in the west. Across the river, there is worse to come.

    ***

    The scar that Rana Ibrahim Hamad carries is not visible. It is a memory of the baby she lost shortly after giving birth during IS rule. “I lost the baby because doctors were not available. The baby had a brain haemorrhage and died,” she told me, standing on the street. We could hear the sounds of a gun battle nearby but Rana didn’t blink – she had grown used to it.

    It was the first time that she, her husband, Amer, and their three-year-old daughter, Azel, had left their home in five days. Until then, the fighting around them had been too fierce.

    Rana was pregnant again and ready to give birth any day. After detailed questioning by the military, the family would be allowed to leave for a hospital in Erbil. An armoured Humvee would be their ambulance.

    She told me that she hoped that having the new child would help her forget her loss. “Life is difficult,” she said. “We all live in fear. Pain is coming from fear. I pray it gets better.”

    In October, I flew over Mosul with the Iraqi air force. It was not on a combat run, but on a propaganda mission. Under a bomber’s moon – full and bright – the planes dropped leaflets by the million, sometimes still in their cardboard boxes, from the side doors of a C-130 cargo plane. Below, the land was lit up, roads and buildings illuminated and stretching for miles in the dark. From 17,000 feet, Mosul didn’t look like a city under occupation. It looked alive.

    Later, in its industrial suburbs, I found a few of the leaflets in the dirt. Some, at least, had found their target.

    “Nineveh, we are coming,” they proclaimed, a promise to Mosul and the surrounding province. They encouraged people to stay away from IS buildings. And the Iraqi government told people not to flee. It feared that there would be a humanitarian crisis if the city, which has more than a million residents, were to empty.

    As Mosul’s fight enters its second month, however, services are still largely absent. “The army brought us food and lentils but there’s no government,” said Bushra, a woman from the city of Tikrit who is now trapped in Mosul. “We are living, but [we have] no water or electricity. We sleep at eight. We don’t have any services. I didn’t get my husband’s salary this month. We live off his pension.”

    As the men of the Golden Division move through houses and parts of the city, they find more than just IS dead, weapons and supplies. They also discover records of rule. Although the group is cruel and murderous, it keeps tidy books and distributes welfare. We found dozens of the militants’ ledgers, recording payments made to widows, the poor and the sick.

    ***

    Across Iraq, senior military and police commanders complain that Baghdad is not moving fast enough to fill the gaps left by the fighting, and that although they distribute water, food and medicine to local people, their men must come first.

    In the war against IS, no city has been bombed more than Mosul. The coalition air strikes come day and night. The only let-up is during bad weather, which also results in ground operations being paused.

    According to some monitoring groups, as many as 1,300 civilians have been killed in coalition air strikes so far. Yet it is Islamic State that is doing most of the killing, through executions and sniper and mortar attacks. The militants have murdered and continue to murder hundreds of people inside the city each week.

    During one patrol, an IS sniper pinned down the unit I was with inside a house. One by one, the soldiers ran to their armoured vehicles – me among them – and to safety. The bangs sounded especially loud. We soon discovered why. The marksman was firing armour-piercing bullets. One managed to penetrate the turret of a Humvee and the gunner inside it was wounded.

    Mosul, the beautiful, once-cosmopolitan centre of northern Iraq, became a mystery under IS. The fighters cut off its contact with the outside world. At the edge of the city, I walked through a former IS workshop. There, between 20 and 30 men had cast and milled mortar shells every day. Thousands of the steel casts remained in piles, waiting to be finished. The roof of the foundry had been peppered with shrapnel. IS had tried to conceal the factory from passing aircraft by burning oil fires through the roof.

    It struck me then that the militants had spent their two years in Mosul with one priority in mind: preparing for this battle. Who knew how many mortar shells, filled with explosives, were now inside the city, ready to be fired? This was weapons production on an industrial scale.

    “Isis was scared shitless of the Iraqi soldiers. Believe me, we saw. They pissed their pants,” said Alaa, an English teacher who lives near the front line. White flags were hanging from homes along the street. He described to me the past few days of fighting and how the Iraqi special forces had ­arrived in his neighbourhood.

    “Now I feel safe, because they are here,” he said. “And if they need any support, all these people will be with them. Even the people who were influenced by the Isis talk, now they are not, because they endured two years of suffering, two years of depravation, two years of killing, mass killing.”

    At the mosque across the street from Alaa’s house, males over the age of 13 were being lined up for security screening, to see if they were IS supporters. The soldiers kept their distance, fearful of suicide bombers. The local people carried their identification papers. Some had shaved off their beards but others had not. They did not share Alaa’s optimism, and said they were afraid that IS could return.

    ***

    Safar Khalil’s wound had no time to heal and become a scar. The bright red hole in his chest came from an IS sniper round, his brothers said. A medic tried to plug it with his finger and stabilise him but the damage inside was too great. Safar’s lungs were gone.

    He spewed out dark, thick blood. His face was covered in it. And there, in front of me, he died.

    Two of his brothers – one a small boy, the other a young man – stood screaming nearby. They had left their home only a few moments earlier to sell eggs. An army sleeping bag was brought to cover Safar’s face. At first, I thought he was a teenager, because the blood and gore made it difficult to tell how old he was. On his right hand, he wore a heavy ring with an amber stone. Afterwards, I learned that he was 26.

    They took his body on a cart back to his home. From inside the house, grief exploded. The women, his relatives, tried to run out, fear and rage written on their faces. But it seemed that the sniper was still nearby, so they were pushed back inside and a family member pulled hard on the metal door to keep them contained.

    The women’s voices filled the neigh­bourhood. In the middle of the street, looking horribly alone, Safar’s body lay on the cart. It was not yet safe enough to take him to the cemetery.

    There are other fronts in the war to retake Mosul: the federal police and army are moving in from the south and may soon retake what is left of the city’s airport. To the west, the Shia militias of Iraq’s Popular Mobilisation Forces have cut off escape routes to Raqqa in Syria and are on top of the IS stronghold of Tal Afar. In the north, several towns and villages have been taken by the Iraqi army’s 16th Division and the Kurdish peshmerga.

    But it is in the east that Mosul proper is being cleared of IS militants. Major al-Abeidi’s convoy was hit again the other day. He sent me pictures of his badly damaged Humvee and complained that he had lost the car and spilled his energy drink.

    “We’ll be at the river in weeks,” he said confidently. Until then, eastern Mosul and its people will remain in the maelstrom – surviving not in a city, but on a battlefield.

    Quentin Sommerville is the BBC’s Middle East correspondent

    This article first appeared in the 24 November 2016 issue of the New Statesman, Blair: out of exile