Category Archives: disability rights
Much ado about an OP nerve-agent: but hundreds of British farmers were poisoned – compelled by government to use OP dips
Senior ministers have been told that the nerve agent used to poison Sergei and Yulia Skripal in in Salisbury, on Sunday 4 March 2018 near Porton Down, has been identified by Porton Down experts as the organophosphate Novichock. Porton Down’s research focus has successively been known as Chemical Warfare, Chemical Defence, Chemical & Biological Defence and now Defence Science and Technology. Areas of concern are outlined here. Early British collaboration with American chemical warfare research (aka ‘field studies’) is acknowledged here.
In 2015 the Guardian reported that a cross-party MPs called for an inquiry into the compulsory use of dangerous chemicals called organophosphates (OPs), used to protect livestock from parasites. The Farmers Weekly reported that the Sheep Dip Sufferers Support Group repeated this call in 2016
The problem was first identified by Dr Goran Jamal, a Kurdish-born neurologist working in Glasgow, who later gave evidence of OP-related Gulf War Syndrome. Read Booker’s compelling account in Scared to Death: From BSE to Global Warming: Why Scares are Costing Us the Earth, or extracts from it here.
In his autobiography, BBC Countryfile presenter Adam Henson wrote: “the authorities realized that they were poisoning a lot of farmers”. In Countryfile Magazine (9.6.17) he wrote (snapshot of page, above right)
BBC Countryfile Magazine made the following points below:
- OPs were originally created as a nerve gas and were developed during the Second World War. In 1951 Lord Zuckerman, who would go on to become the government’s chief scientist, warned of the dangers of allowing farmers to use OPs. Zuckerman raised concerns that farmers could absorb the poison through skin or inhalation. Read the legal noticepublished by Minister of Agriculture and Fishery regarding the harmful effects of Ops in 1951. Read a report published by Tim Farron, MP, stating that Government knew about the harmful effects of OPs.
- Zuckerman called for farmers to be given detailed instructions for the use of OPs and for the substance to be labelled as deadly poison, although neither suggestion would be adopted until the 1980s.
- Dipping sheep became compulsory in the late 1970s, and the use of OPs specifically was mandated by the British government until 1992. Read abstract at Small Ruminant Research.
- In 1981 an advice leaflet was produced by the Health and Safety Executive (HSE) that warned against the dangers of using OPs, citing that the chemicals could be absorbed through the skin. A report from the HSE in 1990showed growing concerns over the use of the chemicals.
- UCL’s Dr Sarah MacKenzie Ross reviewed existing scientific evidence in 2013 and found that 13 out of 16 studies showed evidence of neurological problems following long-term, low-level exposure to Ops. Long-term health issues linked to OP poisoning also include multiple sclerosis and memory issues. (Ed; we add her work in Neurotoxicology and Teratology, Volume 32, Issue 4, 2010, abstract here.)
- In April 2014 MPs called for a ‘Hillsborough-style’ inquiry into the sheep-dip poisoning, with Shadow health secretary Andy Burnham called it a “major scandal”. Source: Agri Wales.
A saga of missing medical records
In the Telegraph, Booker pointed out that the health of thousands of farmers and their families had been destroyed by using highly toxic organo-phosphate (OP) chemicals to dip their sheep, as a protection against parasites. When the Health and Safety Executive (HSE) commissioned its own internal study into this disaster, its findings in 1991 were so devastating that they had to be ruthlessly suppressed. The survey, later released under a freedom of information request, said:
“Repeated absorption of small doses [can] have a cumulative effect and can result in progressive inhibition of nervous system cholinesterase.”
The Manchester Evening News published an early photograph of Littleborough farmer, the late Brenda Sutcliff with her husband Harold. She and three family members became ill after using a government-recommended sheep dip. No active, healthy old age for her – but her persistent campaigning was recognised and celebrated by many (below left).
Details of a sheep dipping survey were released by the Health and Safety Executive following a Freedom of Information Request by the Sheep Dip Sufferers Group. The HSE survey examined sheep dipping facilities and practices on a representative sample of 696 farmers across 16 different regions of Britain. See also: Minister pledges to re-examine OP sheep dip files
But in the same month as this report was published internally – May 1991 – the farming minister at the time, John Gummer, was demanding that local authorities clamp down on farmers who refused to use the chemical.
The report found 160 occasions where some form of ill-health occurred after dipping. It also criticised manufacturers for providing inadequate protective clothing and unclear instructions to farmers on how to use the chemicals: “If with all the resources available to them, a major chemical company proves unable to select appropriate protective equipment, what hope is there for an end-user?” Booker commented that ministers were only too aware that the government had forced the farmers to use these chemicals, which its own Veterinary Medicines Directorate had licensed as safe to use and ends:
“Although in 1992, the government quietly dropped the compulsory use of OPs for dipping, without explanation, a succession of Tory and Labour ministers refused to accept publicly that repeated exposure to them could cause irreparable damage – because, it seemed, any public admission that they were as dangerous as the HSE had found them to be might trigger off a major scandal resulting in tens of millions of pounds of compensation claims”.
A more high-profile victim (see illness), former sheep farmer Margaret Mar (right), a life peer in the House of Lords, has spent three decades campaigning in Westminster on the issue.
She said: “I know from private discussions with an advisor at the Department of Health that officials knew about the risks, but couldn’t publicly criticise OPs because they were a government-recommended dip at that time”.
An campaign by the Sheep Dip Sufferers’ Support Group, co-ordinated by Tom Rigby, organic dairy farmer and chair of NFU’s Organic Forum, has an exceptionally accurate and informative website, with a balanced approach, useful links and well-documented interviews and reports with the political establishment – recording reasonable interaction with MPs like Andy Burnham, George Eustice and Paul Tyler.
They deserve the last word:
“We are a group of volunteers campaigning for better diagnosis and treatment for all those affected by organophosphates used in agriculture. We have no membership subscription or outside funding and rely mostly on the collective experience of those who have been bravely battling against the devastating effects of these chemicals for decades.
“We hope 2018 will be the year when the farming community comes to realise the impact these insecticides have had on those involved in disease control and that they finally start to get the help and support they urgently need”.
Over 2400 of the people who were given contaminated blood have died and MP Diana Johnson (below, left) asked for an urgent Commons debate last year.
She had to get six leaders of opposition parties — including the DUP — to sign a letter to Ms May asking for an inquiry before Theresa May finally succumbed to pressure and announced a public inquiry into this 1970s and 80s scandal.
Last year it was recalled here that British haemophiliacs and other victims’ lives were blighted in the 1970s and 1980s by cheap imported US blood products, harvested from inmates and drug addicts. More than 5,000 were infected and went on unknowingly to infect family and friends. It is estimated that over 2.400 have died since then.
At a 1997 independent inquiry into the scandal, Lord Archer of Sandwell said: “By the mid 1970s it was known in medical and government circles that blood products carried a danger of infection… and that commercially manufactured products from the USA were particularly suspect… but the products continued to be imported and used, often with tragic consequences.”
It was decided that victims should die to avoid going over budget
Ministers believe the reforms (cutbacks) are necessary because more people are now considered likely to develop serious health issues – and be entitled to higher payouts – pushing the programme as much as £123m over budget.
In April, as he left the Commons, the former health secretary Andy Burnham declared there had been a “criminal cover-up on an industrial scale in the NHS” over contaminated blood and called for a Hillsborough-style inquiry.
Meanwhile the contaminated die apace as this inquiry gets under way, 30 years too late.
Work capability assessments, introduced under the last Labour government, were first carried out by Atos, which had a £100 million a year contract in 2012 – and later earned much more. The firm made a £42million profit in 2010 and paid its chief executive Keith Wilman £800,000, a 22% pay rise on the previous year. Since then other providers, including Capita and Maximus, have also been making these assessments. For several years there has been evidence from a wide range of sources that they are not being carried out efficiently. A few examples follow:
Doctors backed a motion at the annual BMA conference in 2012 stating that Atos’s assessments were “inadequate” and “have little regard to the nature or complexity of the needs of long-term sick and disabled persons.
In their evidence to the Fifth Independent Review of the Work Capability Assessment (2014), the BMA repeated its 2012 call for government to end it “with immediate effect and replace it with a rigorous and safe system that does not cause avoidable harm to the weakest and most vulnerable in our society”.
2015: An academic paper, published in the BMJ’s Journal of Epidemiology and Community Health in which examined 149 English council areas, found that nearly 600 suicides in England may be associated with the government’s “fit-for-work” tests.
Oxford and Liverpool researchers looked at three years’ data and also found the Work Capability Assessments could be linked to a rise in mental health problems. The BBC reported in 2015 that the study found the areas with most WCAs showed the sharpest increases.
2016: The UN Committee on the Rights of Persons with Disabilities found that UK welfare reforms have led to “grave and systematic violations” of disabled people’s rights.
Changes to benefits “disproportionately affected” disabled people, the UN Committee on the Rights of Persons with Disabilities (CRPD) found. The 2016 investigation was launched after receiving evidence from disability organisations about an “alleged adverse impact” of government reforms on disabled people. UN committee members visited London, Manchester, Birmingham, Cardiff, Edinburgh and Belfast in October 2015 to identify any gaps in human rights protection for disabled people. As part of its inquiry, the CRPD also looked at a range of recent welfare reforms and legislation including the Welfare Reform Act 2012, Care Act 2014, and Welfare Reform and Work Act 2016.
The BBC reported the UN inquiry’s conclusion that changes made to housing benefits and criteria for parts of the Personal Independence Payment, combined with a narrowing of social care criteria and the closure of the Independent Living Fund, “hindered disabled people’s right to live independently and be included in the community”.
Work and Pensions Secretary Damian Green rejected the UN report’s findings, but it has now been announced that after a high court ruling on 2017 regulations, introducing criteria which discriminated against those with impaired mental health, decisions on personal independence payments will be reviewed.
2017: Directors and other officers of the Department of Work and Pensions receive new year’s honours for services to ‘welfare reform’, as a reader draws attention to an undated article in the Dorset Eye, by Douglas James, listing 82 people who have died or committed suicide soon after dealings with agencies such as ATOS and the government’s Department of Work and Pensions. A search was made for news of the first five on the Dorset Eye list and links to fuller accounts were added. Most of the people were aged 30-40.
2018: Private Eye 1462 reported in January that despite long-drawn-out resistance from the DWP, Atos and Capita, the Information Commissioner’s Office has now ruled that the DWP must reveal monthly reports These include details of complaints against assessors, the length of time taken by t-assessments and how many fail – i.e. are overturned on appeal.
In December the Commons Work & Pensions Select Committee report revealed that:
- it had heard disturbing evidence,
- accounts of medical assessments range from frustrating to gruelling,
- there were remarkably high, if slowly improving, levels of unacceptable reports,
- not one doctor had been involved in the assessments and
- Capita’s own auditing found that at points in the contract almost 60% of its reports were “unacceptable”.
MP Tom Brake speaks out:
“Many constituents are in despair when they contact me after an inaccurate report. Reports of face-to-face assessments need to be unbiased, fair and above all accurate. It was important to flag up these discrepancies directly with ATOS. The Government need to ensure that assessments are recorded to prevent alarming inaccuracies. I will continue to put pressure on the Government to reform the current system. At the moment too many people have lost faith in the system.”
Last resort: after many disastrous years – like Windscale nuclear reactor station – in June Atos Healthcare announced changes to its name – but not its practice.
The following 2004 broadside was fired by Lord Steyn, described in his Times obituary as an “Outspoken law lord whose liberal views became a thorn in the side of the Blair government, especially over Iraq and Guantanamo Bay”, following Lord Hoffmann’s suggestion that the courts should not interfere with certain Government decisions.
“Courts must never abdicate their duty to protect citizens from the abuse of power by governments . . .The United States government has already created a hellhole of utter lawlessness at Guantanamo Bay by committing such abuse.”
Lord Steyn was born and bred in Cape Town and was one of the few native Afrikaaners who fiercely opposed apartheid. He won a Rhodes scholarship to read English at University College, Oxford and after being called to the bar and sitting as senior counsel in South Africa’s supreme court emigrated to Britain in 1973 to start on the bottom rung of the legal ladder.
Though English was not his native language, his Afrikaans accent remained thick and his ‘delivery’ in court was hesitant, he was admired for his clear arguments and his skill in cross-examination. Having served as the presiding judge on the Northern Circuit, Steyn moved to the Court of Appeal in 1992. He was made a life peer in 1995.
A detainee from Afghanistan is carried on a stretcher before being interrogated by military officials at Camp X-Ray at the U.S. Naval Base in Guantanamo Bay, Cuba (Telegraph 2016)
In 2003 he accused the home secretary, David Blunkett, of using “weasel words” to justify his policy on asylum seekers. Five months later, Steyn branded the US regime at Guantanamo Bay “a monstrous failure of justice” and declared that the system of trial by military tribunal was no more than a “kangaroo court” that “makes a mockery of justice”.
The unkett then blocked his appointment to a House of Lords judicial committee
The senior law lord, Lord Bingham of Cornhill, was asked not to include Steyn on the nine-judge panel to decide on the legality of detaining foreign terror suspects without trial – the first time a government had ever sought and obtained an alteration in the composition of the House of Lords’ judicial committee.
His other achievements include:
- being one of the judges who ruled by a 3-2 majority that the former Chilean dictator Augusto Pinochet was not entitled to claim sovereign immunity from prosecution;
- reproving Lord Irvine of Lairg, the lord chancellor who sought ‘an unfettered right to impose rule changes on the legal profession; “He is a member of the executive carrying out the party political agenda of the Labour administration. He is a politician. To entrust to a cabinet minister the power to control the legal profession would be an exorbitant inroad on the constitutional principle of the separation of powers”;
- claiming, when Britain introduced executive detention without trial in 2001, that the UK opt-out from the European Convention on Human Rights was not justified “in the present circumstances”.
- arguing, as chairman of Justice, the human rights group, that the Iraq War was unlawful and said that, “in its search for a justification in law for war, the government was driven to scrape the bottom of the legal barrel”;
- dismissing Tony Blair’s suggestion, just months after the 7/7 bombings in London in 2005, that the war had not made London a more dangerous place as a “fairytale”.
A champion of the Human Rights Act 1998, he retired satisfied that it had already “transformed our country into a rights-based democracy”. Hmm . . .
Anthony Lester, QC, wrote: “He has woven the Human Rights Act into the fabric of our legal system. He has a terrier-like tenacity and the courage of a lion. He’s going to be extraordinarily difficult to replace.” Agreed.
The presenter of this BBC radio programme, Adrian Goldberg, grew up on the Druids Heath council estate in Birmingham, the home of the ‘municipalism’ pioneered by Joseph Chamberlain when he was Mayor of Birmingham – summarised by Walsall MP John McShane in the Commons in 1930:
“A young person today lives in a municipal house, and he washes himself … in municipal water. He rides on a municipal tram or omnibus, and I have no doubt that before long he will be riding in a municipal aeroplane. He walks on a municipal road; he is educated in a municipal school. He reads in a municipal library and he has his sport on a municipal recreation ground. When he is ill he is doctored and nursed in a municipal hospital and when he dies he is buried in a municipal cemetery.”
Adrian is described as being an ideal candidate to judge the changing nature of the local council, because when he and his family moved there the local authority:
- built properties and
- collected the rent.
- Adrian took a council-subsidised bus service to
- the secondary school run by his local education authority.
- On the way home he’d drop into his council-run library to pick up some books
- or take a swim in the council run pool.
He comments, “Today the situation is much more complex”
Adrian considered the effect of austerity on the role of councils today. Birmingham council has almost halved its staff since 2008, from around 24,000 to 12,500. Last year another £28m was cut from Birmingham’s adult care budget of £230m. 2017/18 – the seventh year of cuts – is predicted to be the toughest year yet with expected reductions of £113m to the council’s overall budget, on top of £650m already cut since 2010.
Local government grants and powers have been greatly reduced in several areas, including education and housing. Read more about the following cases here.
- The fate of the formerly successful council-run Baverstock Secondary School in Druids Heath
- The group of residents who set up the Friends of Walkers Heath Park in November 2011
- The volunteers who are helping to run the library
- Druids Heath’s handsome and historic Bells Farm community centre (below), with its food bank and other services, also kept going by local volunteers.
The link also leads to news of high-rise tower blocks in the area; dilapidation, damp and fire hazards go unremedied, the splendid concierge system was abandoned and full time neighbourhood office advice centres, closed in 2006, were replaced by a private call service which was expensive, often not answering, with staff unable to supply the information needed.
In Birmingham there was a move under John Clancy’s leadership to take back ‘in-house’ the services currently undertaken by profit-making private companies, deciding not to renew one Capita contract and considering the future of refuse collection in the city. This, because the ‘market place’ economy which has developed, privatising refuse collection, road maintenance and ‘back office’ functions in Birmingham, has proved to be more expensive and often less efficient. This hope is fading as Richard Hatcher reports on the new regime: Birmingham Council Children’s Services contracted out, Children’s Centres closed.
The health and safety of council tenants is evidently not a government priority
Inside Housing reports the housing minister’s description of sprinkler systems for high rise blocks as “additional rather than essential” and refusing a council’s request for funding promised after the Grenfell Tower tragedy.
Strangely, the conservative Prime Minister expresses admiration for Joseph Chamberlain
Mayor of Birmingham in 1873, city MP in 1876, Joseph Chamberlain directed the construction of good housing for the poorest, libraries, municipal swimming pools and schools. Unlike Ms May and colleagues, he was not in favour of a market economy, arguing for tariffs on goods from countries outside the British Empire. He was also an ‘economic interventionist’ (see Lewis Goodall, Newsnight), described as a “gas and water socialist”. He took profit-making private enterprises into public hands, declaring that “profit was irrelevant”.
Ms May’s government continues to implement a series of cuts affecting the lives of the country’s poorest and most disabled with might and main.
Ironically the contemporary politician sharing Chamberlain’s principles is the opposition leader, Jeremy Corbyn, whose policies she echoes but does not implement.
The Education Secretary Justine Greening has now ordered a major review of council policies about school transport provision for disabled children. In particular she has received concerns that some parents were receiving misleading advice.
Councils are being forced to make hard choices in the face of ‘sustained financial challenges’. As the Economist reports since 2010 the budget deficit has been reduced from 10% to 4% of GDP; by 2020 it is forecast to be almost eliminated: “To achieve this, the government has slashed spending. Hardest hit has been the Department for Communities and Local Government, which provides councils with most of their funding”.
One example is that of Christine Anderson who had to leave her job to make a 60-mile round trip to school with her 15-year-old son Christopher, who has physical and learning disabilities including spina bifida and hydrocephalus.
Jonathan Carr-West of the Local Government Information Unit, says “it is clear that some councils may soon be unable to meet their statutory duties of caring for the most vulnerable”.
261 complaints about school transport decisions were made to England’s local government ombudsman in 2015-16. The figure is a marked increase, says the ombudsman, Michael King. Only Disability United – outperforming all other media articles – gave a link to his report, All on Board, Navigating School Transport Issues, which recommends that councils should:
- consult parents and schools on changes to individual pupils’ transport arrangements
- provide clear and accessible information on eligibility for free transport
- consider individual pupils’ transport needs “carefully and judiciously”
- consider wider health and safety issues as well as mobility for special needs pupils
There have been campaigns about cuts to transport for children with disabilities over the years in many areas
Demo organised by Eleanor Lisney, a Coventry campaigner and member of Disabled People Against Cuts (DPAC)
The Coventry Telegraph, reporting on these cuts, pointed out that local authorities are required to provide travel assistance for all children who cannot reasonably be expected to walk to school because of their mobility problems or because of associated health and safety issues related to their special educational needs or disability.
Austerity 1: next year, UK ministers required to report progress on reinstating rights of people with disabilities
Equal Lives chief executive Mark Harrison said: “In a very short space of time we have gone from having some of the best rights in the world to a crisis situation where people are dying because of the barriers and discrimination caused by austerity.”
In 2015, a team of United Nations investigators began a two-week visit to the UK as part of an inquiry into allegations of “systematic and grave” violations of disabled people’s human rights.
Stephen Naysmith Social Affairs Correspondent of the Herald has reported that the UN Committee on the Rights of Disabled People has issued a 17 page report on the UK which contained more recommendations for improvement than for any other country in the committee’s 10 year history.
UK rapporteur to the committee Mr Stig Langvad, said the review had been “the most challenging exercise in the history of the Committee”, and criticised the government for failing to heed a 2016 inquiry which had found “grave and systematic violations of disabled people’s human rights.
He said Britain was “going backwards” in terms of meeting its obligations under the Convention on the Rights of Persons with Disabilities, particularly by failing to enable disabled people to have the same choice and control in their lives as people without disabilities.
Key among its concerns was the disproportionate impact of austerity-led cuts on disabled people, with the report claiming disabled people had been left in poverty
- by cuts to benefits and support,
- the closure of the Independent Living Fund,
- the introduction of Universal Credit and
- the change from Disability Living Allowance to Personal Independence Payments.
The Scottish Government was praised for consulting disabled people over its plans for introducing a new social security system, under devolved powers.
UK ministers are required to report back on progress to the committee within 12 months.
Were these judges aware of the United Nations condemnation of current violations of disabled people’s human rights?
A severely disabled man has lost his battle in the Court of Appeal over cuts by a local authority to his care funding. Luke Davey, was seeking to overturn Oxfordshire County Council’s decision to reduce by 42% his weekly personal budget, which provided a 24-hour care package. He is registered blind, uses a wheelchair and requires help with all of his personal care needs.
Luke with his mother, who is 76
The council proposed to reduce funding for his care package in June 2015 when the Independent Living Fund (ILF) was closed by the government
Mr Davey, who has quadriplegic cerebral palsy and is registered blind, argued it threatened his well-being and breached the Care Act
The judges were told at a recent one-day hearing that Mr Davey and others like him have been seriously adversely affected by Government changes to the care funding system.
Critics of the Government say Mr Davey’s case illustrates how disabled people are suffering because ministers axed the independent living fund (ILF) in 2015 but failed to ring-fence sufficient money for the disabled under the new Care Act 2014, which makes cash-strapped local authorities responsible for funding all care needs.
Mr Davey attempted to overturn a ruling by High Court judge Mr Justice Morris which went against him. Three appeal judges ruled the council had not acted unlawfully. Lord Justice McFarlane, sitting with Lord Justice Bean and Lady Justice Thirlwall, rejected the bid, saying: “Like (Mr Justice Morris), I have great respect for the manner in which the claimant, his family and his team of carers cope with his difficult situation. But that is not the same thing as saying that the council’s actions have been unlawful.”
Mr Davey and his lawyers were given until September 18 to consider whether they wish to apply to the Supreme Court for permission to make a further appeal.
A spokesman for Oxfordshire County Council said it would continue to work with Mr Davey and his family to ensure he gets the essential services he needs . . . All local authorities who provide adult social care services against a background of financial constraints in the public sector are having to make difficult decisions.”
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