THE NORWEGIAN SHAME

Dagbladet.no

The Norwegian shame.

Let 2009 become the year when the Storting gives the oil nations heroes, and all of us, the dignity back, writes Gunnar Ringheim.

 Gunnar Ringheim.

http://www.dagbladet.no/nyheter/2009/01/02/560378.html

IF IT IS TRUE that the divers made Norway rich, how come they are poor? asked the 10-year old of the household the other day. I didn’t have any answer. And felt really embarrassed.

Everybody agrees that the pioneer-divers effort was crucial in making Norway one of the richest countries in the world. However, the divers feel let down by politicians and the administration of justice alike. Why did it end up like this? 

According to a decision made by the Storting in June 2000, the government appointed an independent committee of investigation in winter 2001, led by presiding judge Petter A. Lossius. The mission was to evaluate all aspects related to diving connected to the oil-activity in the North Sea during the years 1965 - 1990. 

THE LOSSIUS COMMISSION handed over their investigational report on 31 December 2002. It documented substantial health-damages, fatal accidents and suicide. It concluded, saying that "the state has a legal responsibility and therefore should carry the economic responsibility for damages caused by diving in the North Sea, as well as damages that might develop at a later time. 

The investigation-report made the Storting establish an arrangement for compensation.

Injured divers and those left behind could apply for up to NOK 2,5 as compensation and NOK 200.000,- as satisfaction demand. Thus far 208 divers and 33 bereaved have been compensated. 

Summing up the case of the pioneer-divers, the Labour-department made it clear that the State has taken responsibility for the pioneer-divers` damages, morally and politically, however not judicially: "If one wants to determine the responsibility regarding legal compensation, this naturally is for the courts to decide on". 

CONSEQUENTLY, THE PIONEER-DIVERS took the case to court. In their opinion, damaged health and tens of years of lost income should be of higher value than 40G. Lots of divers were unable to continue working as early as in their thirties and forties. 

They had been among the most fit men in the country when the oil-adventure started. However, lack of security measures and exploitation caused loss of memory, disturbed vision, problems related to balance, anxiety and depressions. Quite a few ended up economically ruined. 

In August 2007 the first verdict was made. According to Oslo Tingrett, the State must, because of their connection to the diving, take responsibility for the diver’s damages. Three divers, incapable of paid employment, were granted a compensation worth of totally NOK 16 mill. The state appealed. 

19 OTHER DIVERS took a new case to court in 2008, claiming compensation to the value of NOK 276 mill. In the verdict, judge of the Tingrett, Arne Lyng disagreed with his colleague in the previous court. According to Lyng it was not justified by law to make the State legally and objectively responsible. 

He acquitted the State for the claim, pointing directly to the Supreme Court: "taking into account the human consideration, the objective responsibility for the compensations should be extended, giving those divers that have developed damages resulting from diving, a full compensation. A possible extension of the non legalized objective responsibility should be made the Supreme Court. 

THE CIRCLE IS COMPLETE: The politicians urged the divers to take the case to court. The court asks the divers to approach the politicians. This is not likely to end in the Supreme Court. The pioneer-divers chances are probably much better in Strasbourg. This will hardly make any good PR for Norway. 

Thus time is now due for the Storting. The elected politicians have the support of the Norwegian people in finding a solution, putting an end to the exhausting round-dance while the divers are still alive. Their fear is that they are merely bricks in a tactical play, in which the counterpart speculates in playing for time. Hoping they will eventually give up. 

The diver’s relation to the politicians is in a crisis of confidence, as the Storting’s lawyer in court had unlimited means and a wide authority to obstruct and pester. The divers themselves had to take up loans in order to pay for air-fair and train tickets to be present at their very own court hearing. They were sleeping on camping beds for all of the 13 weeks of the marathon court hearing, as their disablement benefit could not cover hotel accommodation. And because the principles of justice could not be extended to cover housing for those far travelling plaintiffs having traumatic health damages. 

IF THE STORTING decides on meeting the pioneer-divers claims for lost income once and for all, the cost will be the income of a couple of days pumping of oil.