A group of committed and concerned citizens including doctors, scientists, and engineers throughout the United Kingdom have come together to bring a lawsuit against their government for its failure to protect the health of the country’s citizens, particularly children, from 5G and wireless. The Claimants filed their lawsuit, an application for Judicial Review Proceedings, in the UK’s High Court.
The organization they have formed, Legal Action Against 5G, claims that the government has refused to acknowledge, or even study, the potential harms of 5G infrastructure and allowed and promoted its deployment unlawfully. On their website they wrote:“Our case against the UK government is that due process is not being followed, that the risks are being entirely disregarded. This is a national public health issue.” Among other things, the group is calling for a moratorium on the rollout of 5G.
The defendants in the case are the UK Secretary of State for Health and Social Care; the Secretary of State for the Environment, Food and Rural Affairs; and the Secretary of State for Digital Culture Media and Sport. The named claimants (plaintiffs) in the case include Victoria Angell and Karen Churchill, who live or frequent areas where 5G has already been implemented and “whose health is put at risk by 5G.”
One of the UK’s most prominent barristers, Michael Mansfield QC., is leading the legal team representing the claimants. Mansfield is well known in the UK and has led many notable cases. He was named by the UK’s The Legal 500 (an organization which identifies and ranks top legal practitioners internationally) as “the king of human rights work.” He is joined in the case by Philip Rule and Lorna Hackett of Hackett & Dabbs
The Claimants’ lawsuit asserts that the government’s actions violate the European Convention on Human Rights and therefore is in violation of section 6 of the UK’s Human Rights Act 1998 which makes it unlawful for a public authority to violate a right guaranteed by a convention. The claimants quote violation of Article 2 of the Convention which protects the right to life, Article 3 which prohibits torture and Article 8 which protects the right for privacy.
The lawsuit emphasises the Defendants’ failure to protect the population, especially children. It claims that the UK government has failed to consider the best interests of children when considering formulating, updating or reviewing the appropriate approach to 5G policy and risk assessment for exposed children, or at least, have failed to make this a primary consideration.
The lawsuit also claims that the Defendants are in breach of the Public Sector Equality Duty (s149 Equality Act 2010) because the government failed to assess the risks posed by RF radiation and consider them in its decision regarding 5G deployment when it decided to adopt the International Commission on Non-Ionizing Radiation Protection (ICNIRP) recommended guidelines.
ICNIRP is a private organization that publishes recommendations for exposure levels to electromagnetic fields (EMFs) including for Radio Frequency (RF) Radiation which is the radiation emitted by wireless technology. ICNIRP’s recommended guidelines acknowledge only harms caused by thermal levels of RF radiation, and despite ample evidence, deny non-thermal harms. Since wireless technology emits for the most part non-thermal levels, according to ICNIRP, wireless is safe. There is a growing outcry worldwide against ICNIRP. Evidence shows that ICNIRP and its members have strong ties to the telecommunications industry and clear conflicts of interests, and therefore its guidelines are biased and false. Nevertheless, many governments, including the UK, have adopted these outmoded, unsafe levels.
According to the lawsuit, the adoption of ICNIRP guidelines is in breach of the government’s statutory duty under the National Health Service Act 2006. The adoption of ICNIRP guidelines is (a) [an] unlawful delegation or abdication of the statutory function to an external private organisation; and/or (b) irrationally failing to take appropriate steps under this power and/or failing to exercise a discretion in accordance with the statutory purpose.
The Claimants allege that the Defendants have failed to take into account, and give due and proper consideration to, all the evidence, information and concerns which the claimants raised with them. The Defendants have failed to provide adequate and sufficient reasons for the decision not to establish a process to investigate and establish the adverse health effects and risks of adverse health effects from 5G technology and/or for discounted the risks presented by the evidence available.
Before initiating the court action, in May of 2020, Hackett & Dabbs issued a Letter Before Action to Public Health England. The letter included a report about the problems surrounding UK health policy regarding RF Radiation and 5G written by Prof. Tom Butler, University College Cork in Ireland. (A Letter Before Action is the first step in seeking Judicial Review in the British court system).
The Letter claims that the government has “failed to take into account the evidence showing a high risk to human health from 5G; failed to bring about a full and independent assessment of the risks to human health; failed to put in safeguards to effectively protect the public from those risks; failed to provide effective information to the public about those risks.”
Prof. Butler’s report goes into significant detail on the inadequacy of ICNIRP’s standards, its conflicts of interest and the politics involved. He states: “The majority of independent scientists consider… ICNIRP… as ‘captured’… heavily influenced by industry-funded researchers and industry itself.” The Italian Supreme Court in 2012 and the appellate court of Turin in 2020, reached similar conclusions.
Prof. Butler’s involvement with the issue of wireless harms became known in 2020 following his complaint to the Irish Office of the Press Ombudsman for the Press Council of Ireland. The Ombudsman decided that the New Times article “The 5G Health Hazard That Isn’t written by William Broad (which was reprinted by the Irish Times as Are there any real links between wireless technology and health?), violated the truth and accuracy code of practice of the Press Council of Ireland.
The attorneys’ letter also enumerates the many harms shown to be caused by RFR, including increased risk of various cancers, DNA damage, neurodegenerative diseases, particular risks to children (including unborn children), Electroensitivity (Microwave Sickness) , and risks to plants and animals.
To redress these failings, the letter requested that the government: impose a moratorium on 5G pending research into its health risks; conduct a full assessment of the risks of the intended use of 5G; abolish the policy that 5G technology only need conform to ICNIRP’s (inadequate) standards; create new guidelines that will include safeguards to protect the public’s health; and publish information about the evidence of 5G harms and what steps the public can take to protect themselves.
Since the submission of the letter in May 2020 the Claimants have continued to provide the government with evidence of harm. The case has become personal for the attorneys, when one of the attorneys and her assistant went to visit the home of a woman in London who had become ill after antenna masts had been installed near her property. They spent approximately two and a half hours at the property, mainly in the garden, when the assistant’s skin on her neck and chest became red. These skin reactions have subsequently been identified as burns from antenna masts’ radiation. Since that day, the assistant has become electrosensitive and is now on an extended leave.
As a result of this development, in Dec of 2020, the legal team wrote that in the time that passed since their letter to the government: “We have qualitatively moved from the threat of risk without proper assessment to the discovery by the claimants of actual damage being caused with every minute that goes by and a blatant failure by Government to recognize or respond to this by word or deed.”
As a result of the government ministers’ continuous disregard of the evidence presented, on March 22, 2021 the lawsuit was filed. Legal Action Against 5G keeps the public apprised of developments in the case on its website.
While three people are named specifically in the lawsuit, Legal Action Against 5G acknowledges that their far-reaching case in essence represents everyone. “We represent all people in the United Kingdom because we have not been consulted, nor have we consented to the irradiation of our homes, our towns or our countryside… We are taking this action on behalf of citizens of the UK but also the global family.”