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Chamber

Plenary, 27 Mar 2008

27 Mar 2008 · S3 · Plenary
Item of business
Fatal Accident Inquiries
Don, Nigel SNP North East Scotland Watch on SPTV
I will address my remarks—as usual, very late in the debate—to one particular issue that is expected to be considered during the review: the status of recommendations made by a sheriff. I looked at the Government website and was interested to find statistics for 2005 that suggest that there were only 40 fatal accident inquiries in that year—I do not know whether they were all reported on that site—of which only five had recommendations that were reported on the site. If those statistics reflect reality—or, indeed, even if they are indicative—the number of specific recommendations that are made is not huge and, therefore, they could be dealt with through a system without huge expense or great difficulty. We should consider what that system might be.

I am sure that fatal accident inquiries are like every other inquiry that we make in life. We discover that there is a specific issue that relates to the particular event that we are investigating. As sensible human beings, we decide quickly that the event was one of a set of other, wider events and we consider whether a general conclusion can be drawn. It should not be beyond the wit of Government to make it somebody's responsibility to look though the cases—of which there is not a huge number—and decide where there are specific recommendations. They might be recommendations to an industry or even recommendations to a specific business, in the case of a death at work. They might be recommendations to a local roads authority to do something simple such as changing its signage.

It might also be possible for the person to draw a general conclusion, which might be sent to the appropriate industry bodies and circulated to every local authority for consideration by—for example—its roads department. Given the relatively small number of inquiries and recommendations, it should not be terribly difficult to do that. My suggestion does not address the status of recommendations, but it is a simple method of dealing with them in such a way that there is a pretty good chance that they will reach the right people.

As the Solicitor General said, Lord Cullen led the Piper Alpha inquiry, which was held as far back as 1988. I was surprised to discover how long ago it was. The Piper Alpha disaster was a dreadful event in the chemical industry. I guess that I have to declare an interest as I represent the area. One hundred and sixty-seven people died. There were numerous recommendations, one of which was that responsibility for safety should be moved from the Department of Energy, which was clearly underresourced, to the Health and Safety Executive. I have no doubt that that kind of recommendation is entirely appropriate.

I pay tribute to the industry body Oil and Gas UK, which recently arranged presentations to about 180 young technicians to repeat the lessons that were learned from the Piper Alpha disaster. The body understands the important point that corporate memory fades fast. I remember, in the days when I was a chemical engineer, reading an article by Professor Trevor Kletz, who worked for ICI, as it was in those days, and wrote for our institution's magazine. He pointed out that corporate memory turns over in about 10 years. By and large, the people who are there when something goes bang have moved on 10 years later.

We need to find ways to enshrine the lessons that have been learned from things such as Piper Alpha in such a way that they transcend the failures of corporate memory. I do not have a particular suggestion as to how that might be done, and I acknowledge that it is not easy, but it is one of the big issues. To avoid the major problems that occur in certain areas of industry, we need to ensure that things get into the collective memory, education and conscience. That is important, because otherwise things such as Piper Alpha will be repeated in each generation.

In the same item of business

The Presiding Officer (Alex Fergusson): NPA
The next item of business is a debate on S3M-1638, in the name of Frank Mulholland, on fatal accident inquiries. Members might wish to note that a revised se...
The Solicitor General for Scotland (Frank Mulholland):
I welcome the opportunity to open today's debate. On 7 March, the Cabinet Secretary for Justice announced that he and the Lord Advocate had agreed that there...
Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD): LD
The Solicitor General for Scotland is opening the debate on the Government's behalf, so will he answer my question on the Government's behalf? What is the Go...
The Solicitor General for Scotland:
I thank the member for his question, which raises an important point. The matter is reserved, because defence is reserved, so it needs to be considered and w...
Margaret Smith (Edinburgh West) (LD): LD
I welcome the debate and Lord Cullen's forthcoming review, which will be the first proper review of the legislation on fatal accident inquiries in more than ...
Keith Brown (Ochil) (SNP): SNP
I seek clarification. Margaret Smith has mentioned Scottish soldiers a couple of times, and her amendment mentions both"personnel, normally domiciled in Scot...
Margaret Smith: LD
Yes. I included the phrase "normally domiciled in Scotland" to clarify that.Families who have lost loved ones through service for our country deserve our sup...
Pauline McNeill (Glasgow Kelvin) (Lab): Lab
I begin by welcoming the review of the legislation governing fatal accident inquiries in Scotland. I particularly welcome the choice of Lord Cullen of Whitek...
Bill Aitken (Glasgow) (Con): Con
This is a useful debate. As members of the Justice Committee will be aware, I was minded to recommend that, as a result of a petition from Norman Dunning on ...
Keith Brown (Ochil) (SNP): SNP
The motion welcomes an independent review by a figure of the highest reputation and legal standing to resolve a set of problems that I hope we all agree exis...
Michael McMahon (Hamilton North and Bellshill) (Lab): Lab
When I had the privilege of being convener of the Public Petitions Committee, two of the most harrowing petitions that I encountered, from Enable and from th...
Christine Grahame (South of Scotland) (SNP): SNP
I welcome this extremely interesting debate. The Solicitor General and the Cabinet Secretary for Justice are aware that, along with Margaret Smith and, as it...
Helen Eadie (Dunfermline East) (Lab): Lab
Thank you for giving me the opportunity to contribute to this afternoon's debate. Like Pauline McNeill and Michael McMahon, I will support the amendment in t...
Michael Matheson (Falkirk West) (SNP): SNP
I welcome the review and the fact that Lord Cullen has been appointed to undertake it. As many have said, he is an individual with great experience in this f...
Mike Pringle (Edinburgh South) (LD): LD
Will Michael Matheson comment on whether we should consider adopting in legislation the system in America, where it is illegal to overtake a school bus at an...
The Deputy Presiding Officer (Alasdair Morgan): SNP
That is a bit far away from the subject of fatal accident inquires.
Michael Matheson: SNP
It is, but it is an issue that a fatal accident inquiry could consider, and it may be one of its recommendations. That brings me neatly to the issue of an in...
Karen Gillon (Clydesdale) (Lab): Lab
I welcome the opportunity to participate in the debate. It is an important one on an issue that affects families and communities the length and breadth of Sc...
Nigel Don (North East Scotland) (SNP): SNP
I will address my remarks—as usual, very late in the debate—to one particular issue that is expected to be considered during the review: the status of recomm...
Mike Pringle (Edinburgh South) (LD): LD
Scotland is widely perceived to be a reasonably safe place to live and it is relied on as such. Whatever activity someone takes part in, be it white-water ra...
John Lamont (Roxburgh and Berwickshire) (Con): Con
The debate and the review of the law on fatal accident inquiries are welcome. As others have said, Lord Cullen's wealth of experience makes him ideally equip...
Christine Grahame: SNP
Does the member share my concern about the deterioration of evidence when there are delays?
John Lamont: Con
Indeed. If things are not dealt with in a timely manner, there is a danger that evidence becomes less good and less reliable. I agree with Christine Grahame'...
Paul Martin (Glasgow Springburn) (Lab): Lab
Despite popular belief, we occasionally agree with the Cabinet Secretary for Justice, and the time is right for us to support him in his review of the legisl...
The Cabinet Secretary for Justice (Kenny MacAskill): SNP
I welcome the spirit in which the debate has taken place and the concordat that the parties reached beforehand on the amendment, which we are happy to suppor...
Pauline McNeill: Lab
I know that we will have a debate on this matter, but will the cabinet secretary first of all accept and act on the words of the Secretary of State for Defen...
Kenny MacAskill: SNP
The short answer is that we cannot act until we have the flexibility provided by changes to the Scotland Act 1998. We are a creature of that statute and are ...
Karen Gillon: Lab
If the Parliament votes for the amendment in the name of Margaret Smith, which suggests that the holding of FAIs into the deaths of Scottish service personne...
Kenny MacAskill: SNP
We have indicated our general support for the idea—that is why we support Margaret Smith's amendment. I would be delighted if we could deal with the issue ou...
Margaret Smith: LD
Is it the cabinet secretary's understanding that the UK Government would be prepared to support the making of a section 30 order on the issue, given that bot...