British Nuclear Test Veterans Association
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Committee News
Paper given at The Nuclear Veterans Test Conference in Paris (18 to 22 January 2002) Delivered by Sheila Gray
Our Association began in May 1983 initially, to discover how many of the ex-servicemen, who had witnessed nuclear explosions during Britain's Nuclear Tests Programme in the 1950s, were now ill or dead. This came about because various men had heard of comrades, that they had served with, who were now suffering serious illnesses and in many cases, had died. We had not thought further than that. However, because we kept coming up against obstacles, made by our Ministry of Defence, it made us even more determined but for nearly two years, we were getting nowhere.
It was then that we discovered that all servicemen, when first enlisting in the Armed Forces, had to sign a document called 'The Crown Proceedings Act, 1947'. Section 10 of this document states that no serviceman can sue the Government for any harm caused them whilst in the Services. For example, if a civilian and a serviceman on duty, were walking side by side through a Dockyard and were run over by a military vehicle - the civilian could go to court and sue the Government for an untold amount, the servicemen would have no redress whatsoever!
Therefore, in 1985 we were instrumental in forming a group called STAG (Section Ten Abolition Group) with the aim to have this Act cancelled. After all, it had been brought into force after the Second World War so that service personnel could not place claims for damage caused them during the war - we thought it most unfair and wanted it abolished.
We were successful BUT in their wisdom, although the Government repealedthe Act, it did not make the repeal retrospective. The Government also stipulated that the repeal would not count in times of war and it would only apply, as from 1985, for damage caused a service person, not of their own making. This meant, whatever had occurred before 1985, would not count - The British Nuclear Weapons Tests Programme covered the period 1952 - 1958. Therefore we still had no chance of seeking war pensions or even compensation for our men's sick health.
We had also told our Government of the genetic sickness in many of our children and were told that we had to prove the fathers were damaged, before we could try to prove our children had been harmed, by their fathers involvement in the Test Programme.
During these two years the Government had instructed the NRPB (National Radiological Protection Board) to conduct a study on the nuclear veterans. However, it was only a statistical study on cancer deaths only and no veteran, his family or doctor was approached for information. The data used was only that supplied by the MOD and the cancer death register which did not come into force until 1972. Even with that limited information, however, when the study results were published in Jan 1988, they showed that the nuclear veterans had 25% more leukaemias and 100% more multiple myelomas, than in the control group that our men were matched against. When I queried this 100% I was told 'It is unfortunate that we chose a Control Group that did not have any multiple myeloma'. I thought that was the object of the exercise - to compare!
We were told that this meant, men suffering from those two cancers, would be eligible for war pensions. We were also informed that the study showed enough concern to warrant it to be continued for a further ten years, with an interim report after five years. However, in 1993, when we were given, what we thought was the Interim Report, we were told that the study was now closed and that multiple myeloma was no longer an issue, the previous figures had been incorrect - no more pensions!
We did not hear anything further for a few years so we kept on looking for information that would help us prove our illnesses. I then heard on the grapevine, we were not told direct, that the study was going to be down loaded from electronic to paper format and placed in an office in the MOD. I wrote to the NRPB and asked if we could have the study transferred to a University for further research. At first the NRPB seemed agreeable but then they too started putting obstacles in the way - the Ethics Committee - the Data Protection Act and there was 'nobody able to carry out the research'. I met every requirement that they placed before me, including the offer of Dundee University Medical School (DUMS) to carry out the further study. The NRPB was not happy with this so it came up with a final obstacle -'we could not afford it'!
I approached one of our leading authors. Dame Catherine Cookson and she gave me £50,000 and the Jospeh Rowntree Charitable Trust Foundation gave me a further £8,750. Now the NRPB had no reason to refuse my request - but they did! They refused to hand over the data! Therefore, DUMS, under the auspices of Sue Rabbitt Roff, began its own database. This was collected over the next two years and the results were published in 1999.
Because of this, the Ministry of Defence then decided they would continue the NRPB Study after all, especially as the Governments in New Zealand and Fiji had begun to give their veterans war pensions. It was finally agreed between the NRPB and DUMS to hold a double blind study. The results of this should be available in 2002. However, although I served as the BNTVA Observer to this Study, I am not confident that our concerns were taken into account.
We now have the opportunity to conduct a further study on a new blood and saliva test, which can prove, as far back as forty/fifty years, whether or not a man was irradiated. I have repeatedly asked our Government if they will fund this study but they refuse. If the Government is so sure it is correct and we are wrong, wouldn't it be to its advantage to be proven right? We are ready to take the chance!
We are pleased the New Zealand Government is honouring its duty of care by funding a pilot blood and saliva study on its nuclear veterans but it makes us wonder why our Government will not fund ours. After all, it was the British Nuclear Test Programme but we British are being left out in the cold!
Over the eighteen years that we have been seeking justice for our veterans from the UK Government, we have tried many ways of approaching them. We even went to the European Courts with our case but as it was fought on technical points of law, we were unsuccessful. It is very difficult to fight the people making the laws, about their 'laws'!
The UK MOD continues to state that the men were given adequate protection. The only protection they were given was being told to 'turn your back and cover your eyes'. Or in the case of the first British Test in 1952, at Monte Bello Island, off the N W Coast of Australia, these men only had the shelter of an eight-foot atoll, whilst in their open landing crafts, barely two/four miles from the explosion. If this is classed as 'adequate protection', then why did the tests have to be carried out so far from the British shores, why not closer to home?
One major problem that we met in the early days was with the medical fraternity. Radiation-related illnesses are still a new subject and there are still not many doctors trained in this field. Therefore, when a veteran went to his doctor and mentioned that he was involved in the nuclear test programme and could this be the cause of his illness, he was treated as a hypochondriac or dismissed out of hand with the words 'of course not'. To me a good doctor is one who admits that he does not know but 'will find out' and then does so!
We have so many men and their children, suffering the same accumulation of illnesses. They all live in different parts of the country and in some cases, other countries. They all have different life styles, different jobs - that is the lucky ones who are still able to hold down a job - the only thing they have in common is radiation. This is not coincidence, it is a fact! To have one or even two major illnesses, at the same time, does occur but to have four or five at the same time is not normal but our veterans suffer in this way.
Why is it that our children who were conceived before their father became involved in the nuclear testing programme were born healthy and in the main remained that way? However, many of our children, conceived AFTER the fathers involvement, have been born with genetic disorders or have become ill later in life - another coincidence, I think not!
When it comes to our men making a claim for a War Pension, each veteran has to prove his case. It does not even matter that his comrade, who served alongside him, at the same test, is suffering the same illness - one could be awarded a pension and the other refused. No principle of precedence is allowed!
Over the years I have made some facetious remarks - where Tribunals are concerned. One being that it makes me wonder if the outcome relies upon whether or not the Judge had an argument with his wife that morning because it is such a 'hit and miss affair' where winning and losing is concerned!
Also, according to our Government, 'our radiation' is different to the USA radiation! They must be correct because, the radiation that has emanated from our Nuclear Testing, has not harmed our veterans - that is according to our Government! Therefore, the British Nuclear Veterans must have an invisible Hag on their heads, which states they are British and only radiation can read this and so leaves them alone! Now if anyone can think of a more reasonable explanation as to why only the British cannot be harmed by radiation, then I would very much like to know what it is!
We have also been informed that we should apply for pensions using Rule 6 of the War Pensions Agency. That would be alright - IF ANYONE KNEW WHAT IT WAS! We have even asked some of our Members of Parliament and they do not know of it. We are also told, should we want to know about it, we should give full details, including in which office it is held! How do we do that when even the officials do not know!
I am pleased to say that the last two years have seen some change in our success in winning war pensions. This is due to increasing archival evidence emerging from the UK and Australian archives and also DUMS medical evidence. We also now have an effective lawyer, lan Greenhaigh, who does not take 'no' for an answer and stands his ground, much to our delight and I am sure, despair, of the Pensions people!
Over the last two years lan Greenhaigh and Sue Rabbitt Roff, have won over twenty cases. The cancer conditions that were accepted in these cases included -cancer of the pharynx; prostrate; thyroid; stomach; pancreas; brain, as well as Non-Hodgkins disease, polycythaemia and multiple myeloma.
The successful non-cancer conditions include cataracts and anxiety disorders.
However, as I have already stated, just because one veteran or his widow was successful, does not mean that another family, with the same illness, will also automatically be successful!
- To end with, in 1988 we drew up ten 'Aims of our Association', they were
l. Recognition
2. Health Study
3. Medical
4. Genetics
5. Pensions
6. Parity with US Veterans
7. Parity with Australian Veterans
8. Compensation
9. Answers
10. A Nuclear Veterans Day
Thank you.
Sheila Gray
BNTVA