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EECC SUBMISSION NEWS

THE GOVERNMENT DECLINED TO REMEDY THEIR MULTIPLE FAILURES WITHOUT LEGAL PROCEEDINGS, SO A JUDICIAL REVIEW IS UNDERWAY

The government did not provide a substantial response to the EECC submission filed on December 13th September 2023, so the Judicial Review application was crafted and filed with the Administrative Court on December 21st.

After the two potential defendants, Secretary of State for Health & Social Care (SofSHSC) and the Secretary for State for Levelling Up Housing & Communities (SofSLUHC), negotiated an extended deadline for replying to the 13th September submission, both failed to comment or counter the claims asserted in the submission.

Instead, they questioned whether they were the correct defendants, and suggested that it was possibly the Department of Science, Innovation and Technology (DSIT) who are responsible.

This position if it was true, should have been asserted when the submission was initially filed.

Their own particular obligations are clearly the subject-matter of the submission and their legal representatives formally acknowledged receipt of the submission and negotiated and extension in order to respond to it, so it is unacceptable that they then chose not to respond.

Certain elements of the submission were re-iterated with a reminder that the EECC submission had been sent to DSIT earlier in October. SofSLUHC and SofSHSC declined to respond to this final two-day opportunity to provide clarity.

This left Neil and Karen no other option other than to become claimants and pursue a Judicial Review against the both the SofSLUHC and SoSHSC, so they crafted and filed an application with the Administrative Court who sealed it on December 20th.

The Christmas and New year bank holidays gave them defendants reason to apply for another extension to respond to the sealed order, so a response is now expected by January 25th.

This case is citizen led i.e. there are no lawyers involved, Neil McDougall and Karen Churchill are representing themselves.

Please support them via the gofundme page as they now need cover their costs to continue with this vital challenge. 

Contact them via query@rfinfo.co.uk if you would like more information. Updates on the case will be posted on the gofundme page, on rfinfo.co.uk, and on actionagainst5g.org, https://safetechinternational.org/5g-emf-rf-uk-eecc-challenge-escalated-to-judicial-review/

Printable Flyer to share:

Keep on reading afterwards.

Further detail:

Many dedicated campaigners have exposed inconsistencies and procedural failures across different Councils, all precisely documented within the submission. This is an important aspect of this challenge because the courts can address procedural failure in relation to risk reconciliation whereas they are slow to engage with the science about the risk itself, as was seen in the Actionagainst5G case.

Currently, regulation is a scam. The ICNIRP guidelines are just guidance, as confirmed by Public Health England solicitors in August 2019, and yet they are being treated as a standard by local authorities. Risk reconciliation, which should be happening at the local level, is not happening.

The government states that involuntary exposure to wireless radiation is regulated by planning policy. Current planning policy effectively restricts the local authorities to not from performing any active risk assessment even though that function is directly assigned to them within the EECC. The government should have empowered and obligated the local authorities to perform risk reconciliation when the EECC was transposed into UK law in December 2020.

Even though the health implications of the transposition were raised by the AA5G legal team at the time, it is only now that Neil and Karen have collated enough evidence of multiple failures and are now in a strong position to make this challenge.

The Mendip Planning Board’s refusal of a 5G mast on health grounds is important evidence within the submission as it demonstrates that there is a reason and a legal pathway to refuse 5G masts on health grounds.

It demonstrates how the NPPF policy 118 can be superseded

The  Mendip Council’s planning case officer’s assumption that if the Planning Board solely apply government policy their EECC legal obligations would be fulfilled, was wrong. Case Officers across the country are making this wrong assumption.

The submission asserts that Telecoms’ specific environmental impact statements are necessary so that the local authorities can perform their EECC directly assigned risk reconciliation function meaningfully. Planning policy needs to be updated to acknowledge that requirement.

The power of this case is the emphasis on procedure and the government’s multiple failures to clarify the local authorities’ jurisdictional obligations;  the consequence of not doing so should be apparent to the judge.

Neil has carefully researched the 2018 EU Brexit Law to file this unique judicial review, as this law provided a three year window to make a challenge to restore rights from improperly enacted EU directives.

Such a challenge is only possible if there is an “Of a kind” legal case already having taken place. Neil identified such a case [comma taken out]and has carefully researched the meaning of “Of a kind”. This term is being hotly debated by esteemed barristers, such as Jack Williams, and is a matter of interpretation.

Pursuing this case is our last chance to force the government to fully implement local risk reconciliation and to restore our right to have our objections fully taken into account.

If successful, local authorities will be obligated to evaluate and fully account for evidence of risks of harm to the public and environment, so the case creates the opportunity to put non-thermal effects back on the table when decisions about 5G infrastructure are made.

Neil and Karen have worked voluntarily for four years, with some very welcome support from some close friends and campaigner colleagues. They now need wider support, as they need to ‘up their game’ with some of their expenses being met from campaigner donations.

Please use the gofundme page to offer them a donation.

News March 2024

Judicial Review, London. The EECC submission AC-2023-LON-003728 is waiting for a judge to be appointed. Meanwhile do watch this interview with one of the Claimants Karen Churchill, about her journey raising awareness about 5G. She was also one of the claimants on the Action against 5G case with Michael Mansfield.

Please support them via the gofundme page as they now need cover their costs to continue with this vital challenge.

My 5G journey with Karen Churchill

Judicial Review, High Court Cardiff. 09.30 Thursday 11th April. This case could set a precedent for how councils process prior approval applications including in relation to how local authorities  assess the impacts of the proximity of the masts to residential buildings. 

Meanwhile do keep objecting to mast applications; see general template letter, with EECC action, link.

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Mast Applications

•Take action steps on RFinfo: UPDATED Template Letter Step2: rfinfo.co.uk/mast-objection/

new portal for seeing the latest Planning Applications to comment on

Mitcham residents win battle against EE phone mast as council says it would destroy area’s character

There were 4 reasons for refusal, 2 of them we could learn from and apply if appropriate in the future :

“…by reason of the absence of a flood risk assessment and its siting in an area identified to be at risk of ground water flooding, has failed to demonstrate that flood risk is not increased elsewhere and that the development accords with the requirements of the NPPF para 167. The proposal is thereby considered to be contrary to, in particular, the NPPF and Merton Sites and Policies Plan Policy DM F1.”

” The proposal, by reason of its siting, proximity to trees and in the absence of sufficient arboricultural information, has failed to demonstrate that the scheme would safeguard the health and longevity of all adjacent trees to the detriment of biodiversity, the visual amenity of the locality and thus fail to preserve or enhance the setting, character and appearance of the conservation area. The scheme is thereby contrary to the NPPF and, in particular policies DM O2, DM D1, DM D2, DM D4 and DM D6 of the Merton Sites and Policies Plan 2014 and policies G6 and G7 of the London Plan.

Letter 3 here puts notice to councils when non existent Telco companies are listed on ICNIRP certificates, thereby invalidating the application.

Environment

Cellphone Taskforce: Newsletters. February: rainbow Lorikeets falling from the sky.

There is plenty to be added to the comments on this very welcome column from the Stroud MP on Smart Phone use by children, particularly regarding health effects.

Health and Research

Plenty of concerns over phone tech – rebuttal of article in South Wales Evening Post.

Florida Passes Law Banning Children Under 16 From Using Social Media

Dr. Nicholas Kardaras, Addiction Expert, Discusses Risks to Children from Screen Time and Tech Overuse

Jonathan Haidt: Smartphones vs. Smart Kids. 52mins. Bestselling author and social psychologist Jonathan Haidt shares research findings from his upcoming book, The Anxious Generation: How the Great Rewiring of Childhood is Causing an Epidemic of Mental Illness.

Scroll down here to the Podcast “Zach Bush on Water and Hydration”, he notes how EMFs are harmful to the tight junctions in our cells.

Real-life 5G case studies (Hardell, Nilsson). Published REAL-LIFE 5G Case Studies, which demonstrate the real-life effect of 5G on human health. All studies are by oncologist and researcher Lennart Hardell from the Research Founda=on for Environment & Cancer and Mona Nilsson from the Radiation Protection Foundation.

Technical

Who Controls the off Switch ? Smart meters

LED lights factsheet. The major issue is not the LEDs themselves necessarily but how they have been/are being deployed and used.  To a significant extent it’s a problem that is caused by strange product specification decisions rather than the tech itself. It’s a head-scratcher that unpleasant more harmful cold light temperature LEDs covered by poor diffusers are being used in all our roads.  The slides from the presentation are attached

Legal and Resistance

The 5 main points in the UK EECC Judicial Review are strictly procedural:

  1. The right to challenge exists
  2. This challenge meets the formal requirements and has been submitted within time
  3. The challenge contains advocated remedies which are within our rights and embedded in law
  4. LPAs have to be equipped to fully independently carry out their duty as EECC competent authorities
  5. This duty, and all it entails, has to be made clear to LPAs so they can be effective and transparent.

New York’s Digital Meter Opt-Out Bills S5632-A & A9148A – New York State now has a bill pending in the legislature that would set the model for the country. The bill guarantees that any utility customer can opt-out of a digital utility meter and keep their analog meter without penalty or cost. 

5G Concerns & unanswered questions – Colchester Full Council Feb 21 (Round 11 pt2). Carinna, Brian, Sir Bob Russell & Simon Collis voiced their concerns and asked some awkward questions at full council. 5G videos with Ian Jarvis 

Evidence of Government Fraud.  Former policeman, Gary Waterman, joins Richard Vobes to expose a huge government fraud surround illegal practices at Company House and the registration process, and how this makes the tax system unlawful.  (including the 5G mast certificate fraud)

A short video made after the Radiation Health 2019 International Conference. Ignore ICNIRP, 2019. 7mins.

COVER-UP: Phone Radiation Research Cancelled After Safety Risks Uncovered.

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As we wait to hear the outcome of our EECC application to force the UK government to enact public health protections in accordance with its obligations under the European Electronic Communications Code: We are ‘Fighting Clean’ !

‘Fighting Dirty’ have been granted a judicial review hearing. Britain is becoming a toxic chemical dumping ground – yet another benefit of Brexit

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This Hansard debate is raising some issues. “That this House has considered the impact of 5G mast installations on communities in Greater Manchester.” The debate covers the powers given to telecommunication companies to instal infrastructure on and around a public highway in residential areas, and covers the roll-out of 5G and wireless broadband through masts, cabinets and telegraph poles across Greater Manchester. For Oldham, that includes installations primarily by IX Wireless, BT and Vodafone.

‘Historic Day’: Judge Hears Arguments in CHD Lawsuit Challenging Fast-tracking of 5G Infrastructure in Los Angeles A Los Angeles County Superior Court judge this week heard oral arguments in a lawsuit brought by Children’s Health Defense and a coalition of community and environmental groups that allege the county’s plan to fast-track wireless infrastructure violates state law.

News February 2024

 2023 AC-2023-LON-003728 JUDICIAL REVIEW UPDATE CASE UPDATE

Case Number AC-2023-LON-003728 

IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ADMINISTRATIVE COURT

(1) NEIL MCDOUGALL (2) KAREN CHURCHILL Claimants

and

(1) SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE

(2) SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES Defendants and

SECRETARY OF STATE FOR SCIENCE, INNOVATION AND TECHNOLOGY Interested Party

Initial challenge submission filed as Letter Before Action

JR application (redacted)

21 remedies being requested

We have received the defence form both the Department of Health and the Department of Levelling up. Both are seeking the Judge to refuse permission for the Judicial Review to be heard. We have analysed their reasons and can counter them comprehensively based on Jack Williams and Wade’s analysis of the EUWA 2018 Exit Law and our evidence of the government’s ongoing failure to clarify and remedy the extent of the Local Authorities and Local Planning Authorities risk reconciliation role under the European Electronics Communications Code (EECC).

Please support them via the gofundme page as they now need cover their costs to continue with this vital challenge.

Meanwhile do keep objecting to mast applications; general template letter, with EECC action, link.

ANOTHER Judicial Review: see bottom of page under ‘Legal and Resistance’

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Mast Applications

•Take action steps on RFinfo: https://rfinfo.co.uk/masts/

•Take action masts forum: https://ukstop5g.freeforums.net/board/3/post-object

Call from Edinburgh: I need as many people as possible to click and read a bit of this article because journalists track the ‘read count’ per article. So this needs to be high to encourage more articles on 5G. This is the first news article published before the deadline for comments in Edinburgh and also significantly the article contains a hyper link which takes readers straight to the application on the planning portal. So, I need as many people as possible to click on the hyperlink even though the deadline for objections is passed.

Letter 3 here puts notice to councils when non existent Telco companies are listed on ICNIRP certificates, thereby invalidating the application.

Environment

Cellphone Taskforce: Newsletters. February: rainbow Lorikeets falling from the sky.

Low 5G uptake in Europe will stagger AI development, Commission official warns

Our electronics are threatening marine life – the Oxygen project

Ian Jarvis with Richard Vobes 1hr. The 5G operators that don’t exist! 5G radiation is a health worry from the equipment …

Outrage over approval of 5G. Ofcom turns Britain into ‘giant airport scanner’. The Lightpaper p.7

The development of gigafactories, labs and 5G infrastructure would be fast-tracked under the party’s plans to ‘get Britain building again’. This could result in 5G masts going up a lot faster.

https://www.standard.co.uk/business/business-news/labour-would-speed-up-planning-for-major-infrastructure-reeves-to-say-b1112154.html

At the Labour Party Conference in October Rachel Reeves Shadow Chancellor said:

“So today, I am announcing our plans to get Britain building. A once-in-a-generation set of reforms to accelerate the building of critical infrastructure for energy, transport and technology. To fast-track battery factories, life sciences and 5G infrastructure and to tackle the litigation which devours time and money before we ever see shovels in the ground.”

Health and Research

Are We Taking the Risks of 5G Seriously Enough? Gillian Jamieson, Daily Sceptic

Wireless technologies, non-ionizing electromagnetic fields and children: Identifying and reducing health risks. D.Davis et al. 2023

Teen Dangers and EMF – CHD

Florida Passes Law Banning Children Under 16 From Using Social Media

The International Declaration on the Human Rights of Children in the Digital Age

Dr. Nicholas Kardaras, Addiction Expert, Discusses Risks to Children from Screen Time and Tech Overuse

Ambitious wireless project in Northern Ireland sees Education Authority rollout the largest Wi-Fi installation in Europe

FOI: what risk assessments have the education board taken, regarding health and safety before deciding on the installation of 24,000 new wifi access points in Northern Irelands schools

Jonathan Haidt: Smartphones vs. Smart Kids. 52mins. Bestselling author and social psychologist Jonathan Haidt shares research findings from his upcoming book, The Anxious Generation: How the Great Rewiring of Childhood is Causing an Epidemic of Mental Illness.

Why did NIH abruptly halt research on the harms of cell phone radiation? Debra Davis.

Scroll down here to the Podcast “Zach Bush on Water and Hydration”, he notes how EMFs are harmful to the tight junctions in our cells.

Technical

NEW Samsung Bespoke AI Family Hub Refrigerator 4mins – for a bit of desperate fun …

5G LED Incapacitator Lights are being installed in the UK

REPORTS ON THE INCREASING ENERGY  CONSUMPTION OF WIRELESS SYSTEMS AND DIGITAL ECOSYSTEM EHTrust

A public high school shielding classrooms from cell tower radiation. EHTrust

EU Policy. Low 5G uptake in Europe will stagger AI development, Commission official warns. EuroNews

Legal and Resistance

My 5G Journey With Karen Churchill – interview 1hr.

Judicial Review Hearing April 2024

This case could set a precedent for how councils process prior approval applications including in relation to how local authorities  assess the impacts of the proximity of the masts to residential buildings. Examining public exclusion zone diagrams should be a very first step in the risk reconciliation process which is a function assigned to them directly in the 2018 EU Directive, the EECC  European Electronics Communications Code.

Come and support Steven on the case and it could well be a shared release of immense frustration being felt across the UK about the health and environmental impacts being ignored.

Letter 3 here puts notice to councils when non existent Telco companies are listed on ICNIRP certificates, thereby invalidating the application.

@smartphonefreechildhood | Linktree The grassroots parents movement for a Smartphone Free Childhood

Paphos primary school children strike over 5G tower. Cyprus News