Introduction: Informed, Proactive Governance on EMR
Please find enclosed a detailed legal briefing prepared by solicitor Jessica Learmond-Criqui on the potential health risks associated with electromagnetic radiation (EMR) emitted from mobile phone masts, antennae, small cells, and related infrastructure.
This is not about fear it’s about informed, proactive governance. As elected representatives, councillors have a duty to protect the health and wellbeing of residents. By asking the right questions, applying sound judgment, and seeking out balanced, evidence-based advice, you help safeguard your community, your council, and your own legal standing.
Moving Forward Responsibly
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Listen to residents’ concerns and take seriously any reports of harm or adverse effects.
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Encourage open, informed discussion of EMR science in planning and health committee meetings.
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Engage with independent experts and request clarification when guidance appears inconsistent or inadequate.
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Ensure that officers provide clear, accurate legal and scientific advice—especially where public health, safety, or vulnerable individuals (e.g. those with medical implants) may be affected.
Councillors are also expected to uphold the Nolan Principles of Public Life, including accountability, integrity, and acting in the public interest.
The briefing below, authored by solicitor Jessica Learmond-Criqui, summarises the key legal points, duties, and potential liabilities that councillors should be aware of when assessing their responsibilities in relation to EMR-emitting infrastructure.
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4 Sept 2020
From: Jessica Learmond-Criqui
There are essentially two ways in which personal liability to you could arise if you disregard and do not act on this:
(a) You sit on committees and one of them has been: (i) planning matters permitting masts and antennae to be approved; or (ii) making decisions about health, safety and wellbeing matters;
(b) misfeasance or misconduct in public office which is a criminal offence.
Before commenting briefly on these, it may be helpful to note that whereas normally councillors would be indemnified by the local authority in relation to their acts, the following are relevant circumstances where an indemnity cannot be provided to a member:
- Criminal acts (of which misfeasance in public office is one)
- Recklessness. A. Sitting on committees
- All councillors sit on committees and you may have been involved with planning or health committees in your time as a councillor. Potential liabilities from knowledge of harm to health which are ignored include: (
- a) Prosecution for gross negligence manslaughter;
(b) Corporate manslaughter.
2. These are explained in brief below continue reading
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