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 lost boys: how the white working class got left behind

    The gap between poor and middle-class white pupils is widening. What can we do about the educational plight of underprivileged white youngsters?

    One pleasant Thursday at 3.20pm, Carl Roberts, the principal of the Malling School in Kent, walks to the front gates. Along with several other members of staff, he makes the same journey every morning and afternoon, greeting pupils as they arrive and leave. “It’s all about modelling positive behaviour for young people from disadvantaged backgrounds,” he explains.

    Roberts is an admirable head teacher. Energetic and ambitious, he runs a school that marries warmth with a sense of order. Just outside the gates, he gently admonishes the only boy without his shirt tucked in. The child immediately apologises.

    The Malling has thrived during Roberts’s eight years as head. In 2015 it was rated “good” across all of the main areas assessed by Ofsted, the schools standards agency, and “outstanding” for its students’ personal development. In recent years, its overall progress has been in the top third of schools nationally and the attainment gap between disadvantaged and non-disadvantaged pupils is less than half the UK average.

    The school is nestled in East Malling, a town that at first glance seems to conform to an idealised view of 1950s England: abundant green spaces and farmland, several busy pubs and a couple of churches. There was an uproar last year when East Malling Cricket Club, which dated back to the 19th century, closed because of a shortage of funds and players – even though there remain three other clubs within four miles of the station. Tonbridge and Malling, the constituency that encompasses the town, is among the safest Conservative seats in the country and ranks above average judging by national indicators for employment, health and well-being.

    This is not an obvious place to find students struggling. Yet at the Malling School last year only 30 per cent of pupils got five good GCSEs including English and maths. Of the third of students eligible for free school meals (FSMs) – the national average is one in five – just 17 per cent get five good GCSEs, falling to 15 per cent for boys. Here, almost all of these pupils are white.

    These results are indicative of a wider trend. Across England, the white working class performs badly. Overall, just 28 per cent of white children on FSMs get five good GCSEs; the figure drops to 24 per cent when girls are excluded. A white working-class boy is less than half as likely to get five good GCSEs, including the core subjects, as the average student in England, and among white boys the gap between how poor and middle-class pupils do is wider than for any other ethnic background. As Theresa May noted in her first speech as Prime Minister, “If you’re a white, working-class boy, you’re less likely than anybody else in Britain to go to university.” More recently, she signalled her intention to address this and other shortcomings in education through sweeping reforms, including allowing grammar schools to expand. Britain, May said, should be the world’s “great meritocracy”.

    ***

    A few hundred metres away from the Malling School lies the East Malling estate known to local people as Clare Park. About one-third of the school’s 700 students live in tower blocks here. Roberts says that, all too often, these pupils “will be worried about their parents, they will be worried about where their next meal is coming from. And suddenly they are no longer worried about passing exams.”

    Roberts can relate to this. He grew up in the 1980s on a council estate in Tewkesbury, Gloucestershire, and his father was unemployed for many of his teenage years. Roberts attended the local comprehensive and, helped by his supportive parents, got the best GCSE grades in his year. He went on to study at the University of Bath.

    “My childhood shaped my values, which is why I now work with children from disadvantaged backgrounds, with a view to ensuring they can have the future I was lucky enough to have,” he says. Maximising pupil attendance is central to doing so. On the main school noticeboard, a sign reads: “365 days a year, 190 in school, 175 not in school”. This is designed to stress to pupils how important it is to attend class, but it also serves as an unwitting reminder of the limits of what any school can achieve.

    “Schools will see children for six hours a day,” Roberts says. “There’s a lot of other time when children are much more influenced. Until you sort out things like health for people from disadvantaged backgrounds, until you help them overcome the issues with crime, until you help them overcome the issues associated with poverty and lack of employment, schools are never going to be able to close that attainment gap by themselves.”

    When pupils arrive at the Malling School at the age of 11, their attainment is already 20 per cent below the national average. Here, as across England, much of the damage to deprived pupils’ prospects is done even before primary school begins. In his or her first years of life, a young child with two highly educated parents will receive 40 minutes a day more parental engagement in playing and reading – 240 hours more per year – than one with two low-educated parents. By the age of five, there is an average 19-month gap in school readiness between the most and least disadvantaged children.

    “This is a wider issue that’s actually nothing to do with schools,” Roberts tells me. “If you’re going to tackle [it], you need to do it between the ages of nought and two in the family home. It’s a social issue, not an education issue.” From their early years, poor white boys do particularly badly. At Key Stage 1, the exams taken when children are six or seven, white boys on FSMs already perform worse than any other ethnic group.

    The challenge facing disadvantaged students is exacerbated by politicians’ neglect of primary education. Primary-school teachers in the UK are the youngest in the Organisation for Economic Co-operation and Development area. In an OECD report in 2012, the UK and Estonia were the only two out of 30 countries surveyed in which class sizes at primary were larger than at secondary level.

    “There’s something fundamentally crackers about having a class size of 34 for children aged five and a class size of five for children aged 18,” says Phil Karnavas, the executive principal of the academy trust that runs Canterbury High, another school in Kent with a large proportion of underprivileged white pupils. The earlier in a child’s life money is invested, the further it goes.

    Yet deprivation alone cannot explain the struggles of poor white children. Equally disadvantaged pupils from other ethnic groups perform far better. Thirty years ago, researchers divided children in Kingston, Jamaica, into three groups. One group received nutritional supplements; the parents of another group received hour-long weekly coaching sessions in parenting techniques and were encouraged to play with their children and to read and sing to them; the control group received nothing. Those whose parents were encouraged to play with them thrived both at school and in later life and now earn 25 per cent more, on average, than the other sets of children.

    Parenting seems to explain some of the differences in results between white children and those of other ethnic groups on FSMs. Studies suggest that ethnic-minority parents often have higher aspirations for their children and are more involved with their education. This leads their children to engage more at school, says Simon Burgess, an economics professor at Bristol University whose speciality is education. More engaged parents can transform a child’s educational prospects. In July, a trial involving 16,000 pupils conducted in England by the Education Endowment Foundation found that children in secondary schools perform better and are absent less often when their parents receive regular text messages alerting them about forthcoming tests.

    ***

    Demographics also work against poor white children. According to the Social Market Foundation, where a child grows up now has a greater impact on his or her results in school than in previous generations. Only about 10 per cent of England’s white population lives in London, against 45 per cent of the ethnic minorities. Schools in London have been transformed over two decades with intensive investment and focus from politicians; they are also more likely to have thriving after-school clubs, which are crucial in ensuring that children from disadvantaged areas do not fall behind. There is little selection among state schools in London but, instead, an emphasis on demanding higher standards from all students.

    Disadvantaged white children perform better when they are in London but they are more often educated in small towns or rural areas where they can be “invisible”, as Michael Wilshaw, the head of Ofsted, warned in June. They can also suffer because they have longer commuting times than children in big cities, making it harder for them to take part in after-school or homework clubs, if their school offers them at all. Meanwhile, local services such as libraries are more difficult to find, especially since the cuts imposed under the government’s austerity programme. And in places such as Kent, the allure of London, which is nearby, can make it even more of a struggle for schools to attract the best teachers.

    “As each year goes on, the quality of teachers gets better and better but it becomes harder to recruit teachers,” Roberts says. He is desperate to introduce a homework club after school but lacks the funding.

    Throughout the Western world, boys now work less hard at school than girls and get worse results. Across 64 countries that the OECD surveyed last year, boys were less likely than girls to do homework and to read for enjoyment, but were more likely to play computer games and surf the internet, as well as have negative attitudes towards school and turn up late. Girls aged 15 were, on average, a year ahead of their male peers in reading aptitude.

    Yet the gender gap is particularly high among the white working class in England. Just 9 per cent of white males on FSMs aged 18 go to university. For every two disadvantaged white boys who go to university, three disadvantaged white girls do: the highest gap between boys and girls on FSMs in any ethnic group.

    White working-class boys suffer from a paucity of positive role models. The decreasing numbers of well-educated, working-class men in public life makes poor white boys less willing to work hard at school. “It’s not cool for boys to do well. They have stereotypes to live up to,” a girl at Canterbury High School tells me.

    Another factor working against young boys is that most teachers in the UK are female and middle class, says Anna Wright, an educational psychologist. Less than 15 per cent of primary-school teachers in England are male (the figure rises to 37 per cent in secondary school). And poor children are more likely than advantaged children to grow up with only one parent. In nine cases out of ten, children from broken families live mostly with their mother rather than their father, and so have no male role model.

    White boys suffer in particular because of the legacy of deindustrialisation and the collapse of secure jobs for life. “The culture of white, Anglo-Saxon, working-class boys is one which has historically led them from the terraces to the factory, the fields or the farm. That doesn’t exist any more,” says Karnavas, of the Canterbury Academy. “If you’re at the bottom end of generational unemployment – not just first-generation, but in some cases second- and third-generation – your assumption will be that you are not going to be employed.”

    Karnavas says that when GCSEs come around, teachers are left “firefighting”, attempting to salvage a few decent results from boys facing stiff challenges from birth. This is nothing new: he argues that we could have been having a similar discussion 40 years ago. However, in a globalised world, the consequences of failure at school have become “more dramatic than they may have been in the past”, as a House of Commons education committee report warned two years ago. There is more competition for jobs than ever before. This bodes ill for white working-class boys, who now rank bottom for educational attainment in England. Their position relative both to girls and to other ethnic groups has never been lower. In the job market, poor white boys are left standing at the back of the queue.

    The position of white working-class boys is falling. Ethnic minorities continue to soar: since 2005, the GCSE results of black children on FSMs have improved 50 per cent more than those of white children on FSMs. A white British boy on FSMs is now less than half as likely to get five good GCSEs as a Bangladeshi British boy on FSMs.

    The gender gap, too, continues to grow. On current trends, a girl born in 2016 will be 75 per cent more likely than a boy to proceed to higher education. For the first time in history, it will become the norm for women to date and marry men with fewer educational qualifications than they have.

    Back at the Malling School, Roberts is content as he lingers by the gates. “They’ve all left incredibly happy, having had a very positive day,” he says. Then he pauses, and regrets that many of the children “may not have their own bedroom or their own workspace. They may not even have books in their house.” By the time they return to school tomorrow, many boys at the Malling may have fallen even further behind. 

    Tim Wigmore is a contributing writer to the New Statesman and the author of Second XI: Cricket In Its Outposts.

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