UK High Court knows about "conflict of interest"
-------- Original Message --------
Subject: UK High Court knows what "conflict of interest" is...
Date: Tue, 30 Jan 2001 00:48:02 -0600
From: Roy Beavers <email@example.com>
Organization: EMF-L List
Well ... well ... well!!! The law in the U.K. knows how to deal with 'conflict of interest.' At least it knows when it is prompted by our friend solicitor Alan Meyer....!!
The Sunday Times is reporting below about a recent High Court decision which will impose some discipline upon the siting of cell phone masts ("towers" in U.S.)..... The phone companies are crying all the way to the bank; but their "good and true friend" -- the Blair Government -- promises to come to their rescue.....
Mr Blair -- like his idol, Mr. Clinton -- forgets who elected him......
"The Secretary of State was neither independent nor impartial as he is both policy-maker and decision-taker...." said the court.....!!! (Would such a judgment ever be handed down in the U.S. against the FCC......!!!???)
Well done, friend Meyer...!!! Well done, indeed......
Roy Beavers (EMFguru)
It is better to light a single candle than to curse the darkness.....
People are more important than profit$$
Sunday Times, London
January 28 2001
Fears for 3G masts after court ruling
THE erection of 28,000 new phone masts, needed for the £30 billion 3G mobile network, is threatened by a ground-breaking legal ruling that potentially undermines the British planning system.
Experts believe the need to submit mast applications to a full review could delay the building programme needed for the next generation of phones. The news casts further gloom over the planned 60 billion euro float of Orange, Europe's second-biggest mobile operator.
The recently enacted Human Rights Act requires planning authorities to give a fair and impartial hearing to objections to anything that poses a threat to private and family life.
Last month, the High Court ruled it was unlawful for John Prescott's Department of the Environment, Transport and the Regions to decide planning appeals. It said the Secretary of State was neither independent nor impartial as he is both policy-maker and decision-taker. The government is appealing to the House of Lords.
Alan Meyer, the solicitor acting for Mast Action UK, the most prominent of the anti-mast lobbying groups, said the government's planning inspectorate had tended to rule in favour of the mobile-phone industry, even overturning the objections of local planning authorities.
Meyer also accused the government of ignoring the "precautionary approach" urged by Sir William Stewart's report last year on mobile phones and health. Last June, Nick Raynsford, the minister for housing and planning, advised council leaders that, if planned masts met safety guidelines, "it should not be necessary for a planning authority to consider the health effects further".
Meyer believes this is a mis-interpretation of the Stewart report, which concluded "it is not possible at present to say that exposure to radio-frequency radiation, even at levels below national guidelines, is totally without potentially adverse health effects". He said a precautionary approach demanded that masts should not be sited near schools, hospitals and residential areas.
In advance of the Orange float, mast protesters are planning demonstrations across the country. Tracy Gaffney of Darras Hall in Northumberland, where Orange wants to erect a mast close to a local primary school, said the opposition "will have a material effect on their expansion programme and ultimately their share price".
Critics accuse the government of taking a soft line on the industry because of the £22.5 billion it received from the licence auction last April.
Richard Branson's Virgin mobile is close to tying up a deal with a new partner for a $1 billion assault on the American telecoms market.
It is understood to have spent most of last week in talks with AT&T, Nextel and Sprint. Virgin is expected to decide within a couple of weeks which one it will form a joint venture with.
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