Dr. ThomasTo ask the Secretary of State for Defence if he will make a statement as to what action the Government propose to take in the light of the recent592W House of Lords judgment on the applicability of section 10 of the Crown Proceedings Act 1947 in the context of radiation exposure and its somatic and genetic effects on soldiers participant in United Kingdom atmospheric nuclear weapons tests conducted by the United Kingdom Atomic Energy Authority.
§ Mr. Sainsbury[holding answer 23 May 1988]: The recent House of Lords judgment in the case of Mr. Melvyn Bruce Pearce was sought to resolve an important, but preliminary, legal point, and was to the effect that section 10 of the Crown Proceedings Act 1947 does not constitute a bar to an action for personal injury damages in the particular circumstances of the case under consideration. Mr. Pearce is therefore free to proceed with a claim for damages through the courts. The decision whether or not to proceed with such an action is for Mr. Pearce to take in consultation with his own legal advisers. The Government, in the meantime, remain of the view that the radiological protection measures adopted during the United Kingdom's overseas nuclear weapons test and experimental programmes were effective.