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

    Jean-Luc Mélenchon. Photo; Getty
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    How Jean-Luc Mélenchon built a resistance

    Like Jeremy Corbyn, France's leftist candidate for the presidency has been caricatured by the media. Nonetheless, he has succeeded in building a movement. 

    After months of indifference, the rise of Jean-Luc Mélenchon in the French presidential race has finally caught the attention of the British media. Still, it is frequently misrepresented and reduced to familiar categories: populism, Euroscepticism and spendthriftedness, with commentators quick to draw parallels with Jeremy Corbyn. However, to boil down the Mélenchon phenomenon to such clichés is to fundamentally misunderstand it. 

    The authors of this article propose taking a closer look at a highly innovative manifesto and campaign. Cambridge University lecturer Olivier Tonneau is involved with La France Insoumise (France Defiant) and co-authored the cartoon version of Mélenchon’s programme. He runs a blog dedicated to exposing its policies and addressing the many rumours and falsehoods floated about the candidate. Nick Jones is a student who was in Paris at the time of Nuit Debout, and experienced first-hand the energy and thirst for radical change in France.

    ***

    Given the deep wound that Brexit has inflicted upon British society, perhaps the most urgent clarification is that Mélenchon does not wish to leave the EU, although he does have a radical strategy to reform it. France and Britain have different relations to the EU. Whilst Britain’s austerity policies were self-inflicted, the same is not true of France. The French people voted “no” to the European constitution in 2005 only to see its vote overturned in Parliament by a coalition of the center-left and center-right parties. This event marked a tectonic shift in French politics, and incidentally determined Mélenchon’s break from the Socialist Party. In 2012, François Hollande was elected on the promise of renegotiating the Lisbon treaty, a promise he failed to hold, and proceeded to impose austerity measures in France (cutting down public spending and corporate taxes, flexibilising the labour market), constantly justifying these measures by the necessity to abide by European norms. He has thus fuelled a deep resentment against both the center-left and the EU. Meanwhile, Mélenchon has campaigned for a showdown with the EU: reform it or leave it (“plan A, plan B”).

    His strategy, designed by his chief economist Jacques Généreux, consists of unilaterally disobeying European Treatises: disregarding budgetary norms to implement a Keynesian stimulus package, creating a public investment bank, and ending privatisation policies. His prognosis is that the EU will not dare exclude France because such an exclusion would signal the end of the European project altogether. The EU will thus have to inscribe French exceptions to the treatises (just as it had done for UK). Such exceptions could prove highly desirable to other austerity-stricken countries such as the infamous PIIGS (Portugal, Ireland, Italy, Greece and Spain), with enormous pressure placed on the most intransigent promoters of austerity, the chief of which is Germany.

    Far from being anti-European, this strategy is aimed to save the European project which, according to Généreux, is doomed to implode if unreformed. Généreux had reached this conclusion as early as 2012: Brexit and the European-wide rise of the far-right has confirmed his diagnosis. Unencumbered by a reluctant party, Mélenchon has been able to forcefully defend a position that Corbyn was unable to hold, thus shattering the “in/out, good/bad” dichotomy of the Remain and Leave campaigns in the UK.

    Already, by 2012, Mélenchon’s Parti de Gauche (co-founded with the Green MP Martine Billard) had published an eco-socialist manifesto which advanced on the Left’s historical bend towards productivism. This time round, Mélenchon’s program is an environmentally focused Keynesian plan. Its aim is to turn France into using 100 per cent renewable energy by 2050 – ending the country’s heavy dependence on nuclear power – by implementing the “negawatt scenario” elaborated by a collective of scientists and engineers.

    Mélenchon is especially determined to make the most of France’s maritime territory – the second largest in the world. His program also addresses in detail matters of public health: for instance, schools should serve organically sourced products exclusively, securing a market for organic producers. The turn to organic production, for instance, is expected to create 300,000 jobs. Mélenchon’s environmental plans tie in neatly with forensic budgeting and a clear plan for job-growth, in line with the “One Million Climate Jobs Now” campaign in the UK.

    Another aspect of Mélenchon’s Keynesian plan is its redistributive policies. Low and middle wages are spent within the economy on essential goods such as food and clothing, whereas high wages are lost in the speculative bubble: by raising the minimum wage, pensions, and social benefits, Mélenchon intends to boost demand and help small and medium businesses prosper. He also acknowledges the need to reduce working time, without necessarily cutting the length of the working week. Instead, he wishes to return the retirement age to 60 – a measure that is acutely urgent given the high unemployment rate among senior citizens – and impose a strict adherence to the current, 35-hour week.

    Impossible to fund? Not at all. More than hundred economists from 17 countries – including Ha-Joon Chang – published a column supporting Mélenchon’s program. His policies were presented in details by economists and high-ranking public servants in a 5-hour budget program broadcasted on YouTube, whose last hour was a discussion with economic journalists from liberal news outlets. Ghilaine Ottenheimer from Challenge praised the broadcast as “modern” and “bold”; Hedwige Chevrillon (BFM Business) compared the approach to that of the ‘slow food movement’ and deemed it a rare opportunity to think things through; Marc Landré (Le Figaro) was impressed by the openness with which La France Insoumise was laying itself open to criticism.

    The broadcast has already been viewed more than half a million times. On every aspect of its program, from the environment to counter-terrorism via culture and international relations, La France Insoumise has taken the same care to involve experts. Who, then, are the ‘Insoumis’? How did such an extraordinary campaign get off the ground? This question takes us back to 2012.

    ***

    After Mélenchon’s remarkable 2012 campaign, the Front de Gauche fell apart because of strategic disagreements: the Communist Party wanted to maintain alliances with the Socialist Party whereas Mélenchon was convinced that any association with the now hugely-unpopular party of Hollande could only drag them with its fall. When Mélenchon claimed in 2015 that he did not aim to ‘unite the left’ but to ‘federate the people’, it was widely perceived as the desperate gambit of an isolated figure. And yet the gambit paid off: there was indeed a people to answer his call. With the massive demonstrations against Macron’s labour laws and the grassroots movement Nuit Debout, the writing was on the wall. Mélenchon was careful not to lay claims to these movements which were profoundly suspicious of established politicians and parties, but he has nevertheless been able to tap into their energy by creating La France Insoumise, a loose structure within which everybody contributes freely.

    The Insoumis have shown ebullient creativity: some created a board game, others a computer game (Fiscal Kombat), and one of the authors of the present article wrote a comic book adaptation of the manifesto. Alongside quirky stunts such as appearing at meetings via hologram, the Insoumis have brought a vitally seductive and energetic edge to Mélenchon’s campaign. Crucially, they have brought to fruition another aspect of Mélenchon’s strategy: his struggle against the press.

    In 2012, Mélenchon often claimed that the media was the “second skin of the system”. The only way to break the neoliberal hegemony was to subvert its own logic: that of audience and profit. Thus was created the colourful figure who claimed to incarnate “the sound and the fury of his time”. Yet, having become a celebrity, Mélenchon had to avoid being pigeon-holed into a caricature. The media, he claims, are “not a mirror but an arena”, so he adopted a confrontational strategy aimed at exposing the biases of journalists and interviewers.

    Yet there is only so much one can say in the constraining format of TV and radio interviews; all one could achieve was to fire “bullet words” that would open cracks in the listeners’ preconceptions. In response, listeners had to be provided with alternative sources of information. In 2012, Mélenchon’s blog was the most read of any French politician; in 2013, a galaxy of “6th Republic blogs” was created; in 2016 Mélenchon’s extremely successful YouTube channel was launched; it has so far has over 22 million views. The book detailing his manifesto, L’Avenir en commun (A Shared Future) has found its way into bestseller lists, shifting well over 250,000 copies. If such independently-made material is inaccessible to non-French speakers, international viewers should not be tricked into seeing it as Trump-style, anti-system fake news. For example, a host of global NGOs including Oxfam and ActionAid have backed key aspects of Mélenchon’s campaign, with Amnesty and Greenpeace ranking him highest overall in their breakdown of all the candidate’s policies. Leading economists have also signed a pledge backing his candidacy will be published this week.

    The communication machine of Defiant France is firing on all cylinders. It is remarkable that the fear-mongering of the mainstream media has failed to halt Mélenchon’s surge in the polls – remarkable, but not surprising given that his latest meeting, in Toulouse, was attended by 70,000 people, and had attracted 320,000 views on YouTube in under 24 hours. 

    ***

    Do not be mistaken: something astonishing is happening. This is about much more than meeting attendance. To be sure, Mélenchon is not simply preaching to the choir: bucking all recent trends, recent polls have shown that he is denting Marine Le Pen’s share of the working-class vote, and has overtaken her as the most favoured candidate of the youth. People are flocking from all across the political spectrum: recently, an entrepreneur from the Silicon Valley published a piece titled If Mélenchon is elected, I return to France.

    He is not an isolated case, and a petition of the entrepreneurs with Mélenchon has just been launched. Even the ‘Gaullists’, disillusioned with the Fillon scandals, are now seduced by Mélenchon’s cultural style, his integrity, and his vision of France’s place in the world which is in line with the tradition of the General himself. What seemed like a fanciful vision is thus coming true: the French people is being transformed. One of the most striking signs of the campaign’s success is the change in people’s priorities: whilst employment had always ranked first, it has now been displaced by institutional reform. This, of course, is intrinsically tied to the centrepiece of Mélenchon’s program, which aims to accomplish no less than a Révolution citoyenne: creating the 6th Republic by means of a Constituent Assembly.

    Under the Nazi Occupation of France, resistance networks sought not only to liberate the country, but also to bring about a better world. At great peril, they formed the National Resistance Council and drafted a program which was circulated under the cover of a novel titled Les Jours Heureux. It is no coincidence that the crowds at Mélenchon’s meetings do not chant his name but the word “resistance”, and that Melenchon himself synthetizes his aim with the phrase “let us bring forth the happy days”. The perils are undoubtedly lesser but with a deeply dysfunctional economic system preventing us from addressing climate change and fuelling the rise of the far-right, the stakes may be even higher.

    Olivier Tonneau is lecturer in Modern and Medieval Languages at Homerton College, Cambridge. He participates in La France Insoumise, the movement supporting Jean-Luc mélenchon's presidential campaign. He writes a blog on French politics. Nick Jones is in the final year of his undergraduate degree studying French at Homerton. During his year abroad in Paris, he was a participant in, and keen observer of, the grassroots movement Nuit Debout. 

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