Offshore Helicopter Safety

Hannah Bardell Excerpts

Wednesday 6th February 2019 Westminster Hall

[Alex Cunningham]

We should look at all the evidence relating to helicopters. That is why I am seeking a public inquiry to examine all the issues, to ensure that we come to the right conclusions and can plan a way forward. I have flown in offshore helicopters—I was not an offshore worker; I worked in public relations for the gas industry. I admire anybody and everybody who steps on to a helicopter, because it can be an uncomfortable time.

[Hannah Bardell (Livingston) (SNP)]

The detail of the hon. Gentleman’s speech is fascinating and very important. Does he agree that any worker going offshore must have confidence in their colleagues and their company that the helicopter in which they are travelling will keep them safe, and that they should not be put in a position where their health and safety is put below company profits?

[Alex Cunningham]

There is no doubt that that must be the case. As I said, I have flown on these machines myself. I wanted to be assured that everything was good. When I went, there was a group of us, and because we were inexperienced—we had never been offshore before—we had a safety man sitting next to each and every one of us to reassure us and to help us through the journey. It is critical that people have that confidence. However, people are turning up time and again to fly offshore only to be told, “Sorry, you can’t go now. There are technical issues.” Four hours later, they are given a lunch voucher, and told, “Sorry, there are still technical issues.” That does not build confidence among those who have to work offshore.

The Government rejected the Select Committee’s recommendation, and claimed that there was no evidence to support the assertions about commercial pressure and offshore helicopter safety that had persuaded the Committee to make the recommendation. Yet trade unions on the offshore helicopter safety leadership group tell me that discussion of the CAP 1145 recommendation has gone nowhere because the contractors will not jeopardise their commercial relationship with the oil and gas companies.

I am told that the CAA sits on the offshore helicopter safety leadership group—quite a mouthful—but does not take a proactive role in trying to move that issue along and to tackle the core confidence issues affecting the workforce. To my knowledge, the OHSLG has yet to take concrete action to rein the oil companies in, although I am advised that the industry is looking at a draft principle in Oil & Gas UK’s supply chain code of practice that would state:

“Contract cancellations should not be without good reason or cause. If an operator or contractor must have the ability to terminate a contract then the circumstance or risk should be outlined, explained and understood—not hidden.”

To me, that smacks of self-regulation, and is simply not good enough in such an unbalanced customer-contractor relationship. The helicopter operators are not even signatories to the existing supply chain code of practice, so they are not even within scope of the industry’s self-regulatory framework. I would be grateful for the Minister’s response to that problem, and to know what he plans to do to give teeth to some parts of the regulatory chain.

Successive surveys of offshore workers have found helicopter safety to be their No. 1 concern. Even an Airbus survey in 2017 found that 63% of offshore workers would not travel in a Super Puma again if they had the choice. That fundamental lack of choice is all the more reason for the UK Government to commission an independent inquiry into offshore helicopter safety, covering the up-to-date safety record of all offshore helicopter models; international comparisons; workforce engagement; the overall North sea helicopter market; contractual relationships, including commercial pressures; and the regulatory framework.

What is happening to bolster confidence among the workforce? Step Change in Safety has relaunched its helicopter safety awareness courses for offshore workers to attend, but they are via webinars with helicopter pilots from the main operators. Helpful though that is, it is a relaunch of existing courses and does not chime with the industry and regulatory mantra of “safety is our No. 1 priority”. In fact, it suggests a hierarchy of safety issues, with helicopter safety a secondary concern that is best dealt with by communications between pilots and their passengers.

Such an approach to passenger safety could never be contemplated in any other area of the aviation industry, and for good reason. The RMT, Unite, GMB, the British Airline Pilots Association and Nautilus formed the offshore co-ordinating group in 2015 to streamline demands and activities in the offshore oil and gas industry and the associated supply chain to work for positive change. We have to welcome that sort of work.

The ongoing financial viability of the UK continental shelf’s remaining 10 billion to 20 billion barrels of oil reserves—a core aim of Government policy—is intrinsically linked to the commercial fortunes and safety of helicopter operations in the North sea. Yet there is little evidence to suggest that that link is included in the high-level discussions in industry to set standards for commercial contracts in the sector, especially in helicopter transport. I remain very concerned about workers’ lack of confidence in the CAA and others who are responsible for their safety. In fact, workers’ confidence in offshore safety has been declining over the last decade, demonstrating that the measures of the regulator and the Government have not been successful in allaying workers’ fears and concerns.

After the Turøy tragedy—I hope I pronounced that correctly—the CAA, along with its Norwegian counterpart, grounded the aircraft type, in a move that was supported by the European Aviation Safety Agency and trade unions across the North sea. The Accident Investigation Board Norway began its investigation shortly afterwards, but before it could produce a detailed report, the EASA summarily lifted the restrictions on the Super Pumas in October 2016, with next to no explanation to the workforce or their trade unions. The UK and Norway’s respective civil aviation authorities did the right thing and opted to keep the restrictions in place, despite the EASA’s incredibly hasty decision.

By 2017, there were threats of lawsuits in the US against Airbus by helicopter companies because of the differing regulatory approach to the Super Pumas in the North sea. In July 2017, an extraordinary meeting of the OHSLG was announced, albeit at short notice. That was quickly followed by a briefing note explaining that the meeting was being called to discuss a decision on the Super Puma and a CAA-embargoed press release announcing that restrictions on the H225 and the AS332L2 aircraft were being lifted. That action was taken despite the fact that the AIBN was still conducting its investigations and would not produce its final report for another year.

Some suspect that commercial pressures affected the decision to reissue airworthiness certificates. Whether such pressures took the form of the Super Puma manufacturer Airbus lobbying at European level or the threat of legal action from the European Free Trade Association against the UK and Norwegian Governments, I cannot say, but the Minister must look into the matter because it is bringing the regulatory framework into disrepute.

Airbus appears to have completely washed its hands of the North sea Super Puma issue. In February 2018, it told a meeting of the British offshore oil and gas industry all-party parliamentary group that it was preparing to hold town hall-style meetings with offshore workers in spring and summer 2018 to address the core confidence issues. Those meetings with the workforce did not take place.

After many years of working on this policy area—during which time the oil and gas industry, the Government and the regulators have all repeatedly testified to their commitment to high safety standards for offshore workers and offshore helicopter fleet crew—I can see limited effective work going on to tackle the core confidence issues. I hope that the Minister will reassure us that he will take action and seriously consider a public inquiry, so that the confidence of the people who do the jobs that drive a large slice of our nation’s wealth will be restored.

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is a pleasure to serve under your chairmanship, Sir Henry. I congratulate the hon. Member for Stockton North (Alex Cunningham) very warmly on obtaining this debate

The hon. Member for Gordon (Colin Clark) spoke about the importance of the oil and gas industry to north-east Scotland and to my constituency of Orkney and Shetland. He is absolutely right. He also spoke about the safety culture in the industry, and he is right about that as well. However, it is sensible for us all to remember why that safety culture is as it is. Let us not forget that it was the Piper Alpha tragedy and the inquiry that followed, conducted by Lord Cullen, that really brought that culture right back to where it needed to be. The danger is that the further away we get from an incident like that, the more likely people are to forget the reasons why we have the rules that we do.

As the hon. Member for Stockton North said, there is a lack of confidence among the North sea workforce about helicopter safety. Whether that is right or wrong, justified or not, there is no escaping that fact. It is a legitimate question for us parliamentarians to ask what can be done to restore that.

The oil and gas industry in the North sea and to the west of Shetland is absolutely crucial to the continuing growth and performance of our economy. The effective and safe operation of helicopters within that industry is absolutely central to it. I still have concerns about whether a public inquiry is the best way forward. My principal concern relates to my experience of the 2013 crash of the Super Puma off Sumburgh Head at the south end of Shetland; I was the constituency MP, although the four people killed were not constituents of mine. They came from different parts of the United Kingdom, from Inverness all the way down to Winchester.

It is surely unacceptable that five and a half years after that tragic accident, the families have still not had the closure that they will get from a fatal accident inquiry. This is not an isolated incident; the fatal accident inquiry on the Super Puma that crashed about 240 km to the north-east of Peterhead in 2009 was not held until 2013—more than four years after the accident. We are now at five and a half years, and we do not yet know whether there will be criminal proceedings or a fatal accident inquiry. As the deaths took place in the course of employment, holding a fatal accident inquiry is mandatory, unless criminal proceedings are to be held.

One of the elements of delay relates to the work of the air accidents investigation branch. I understand why the AAIB runs its business as it does, and why it is important that it is able to get information from witnesses in a way that will get to the truth of the matter as far as safety and technical issues are concerned, and that the integrity of the AAIB is protected in that way, but the police service in Scotland and the Crown Office and Procurator Fiscal Service, which is ultimately responsible for making decisions on criminal proceedings or a fatal accident inquiry, do not start their work until the AAIB has completed and published its final report. The report on the 2013 accident at Sumburgh Head was not finally published until March 2016. It is getting on for three years since then.

In my correspondence with the Lord Advocate in Scotland, he tells me that the Crown Office and Procurator Fiscal Service had to raise legal proceedings in order to get the data from the voice and flight data recorder from the AAIB. I understand the need to keep the integrity of the AAIB work intact, but we are dealing here with two public bodies, both broadly charged with the same responsibilities—public safety, investigation and prosecution of crime, and the investigation of deaths in the course of employment. Surely there is a better way than having one public body take another public body to court to get access to relevant evidence.

[Hannah Bardell]

Does the right hon. Gentleman agree that it is outrageous that families are left having to wait so long? I appreciate that there are many reasons for that, but the work of the AAIB must be done in conjunction and collaboration with other bodies, and it should not thwart any proceedings by the Crown. Families who have suffered deserve better.

[Mr Carmichael]

I agree with the hon. Lady up to a point. There will be occasions when it is absolutely crucial that the AAIB should proceed in the way that it is doing. It should not insist on proceeding in that way on every occasion, instead of exercising a measure of judgment and discretion about the information that can be shared at any stage with the police, the Procurator Fiscal Service and Crown counsel; that would indicate that we had two public bodies that were focusing solely on their work, rather than on the interests of the families.

The only people not given proper consideration in this process are the families. It is unacceptable that those families still do not know whether there are to be criminal proceedings or a fatal accident inquiry, five and a half years after the deaths of their loved ones. That does not allow them the closure that they absolutely deserve and need. That goes to the point made by the hon. Member for Stockton North about a public inquiry. When the sheriff has made his or her determination, there almost certainly will be a fatal accident inquiry, which will have the opportunity to make recommendations, and which might involve issues that would be appropriate for a public inquiry, but unless and until we get to the stage of having the FAI, we simply do not know that.

I hope that the Minister has heard what I have said about the work of the AAIB, and I hope that the Lord Advocate and those in the Crown Office in Edinburgh have heard. Even though they did not get to the starting line until March 2016, the fact that in February 2019 we still have no final determination from Crown counsel suggests to me that the Crown Office is also not beyond a measure of criticism. I know about fatal accident inquiries—I worked for three years in the Procurator Fiscal Service many years ago—and I know they are technical and difficult cases that require thorough preparation, but it is getting on for three years now; surely to goodness there is enough to bring a case to court, or at the very least for a decision about which course of action will be pursued.

We are at the point when all those charged with investigation and prosecution in the system need to take a long, hard look at what they do and how they do it. They should give more consideration to the families of those who have suffered in these tragedies.

--- Later in debate ---

[Hannah Bardell (Livingston) (SNP)]

At the outset of my comments, Sir Henry, I want to declare an interest. On the evening of Friday 23 August 2013, I was employed by Stork Technical Services and was part of the emergency response team that responded to the accident off the coast of Shetland. My colleague Gary McCrossan from Inverness was one of those who died in the accident, along with Duncan Munro from Bishop Auckland, Sarah Darnley from Elgin, and George Allison from Winchester. I have not spoken about this publicly since then, other than a few times briefly, but that evening is etched in my memory and I will never forget the events of the days after. The response by the emergency services and by the company I worked for was absolutely exemplary. When dealing with such an incident, it is important to reflect on the experience inside a company and what it can be like.

In the three years that I worked in the oil and gas sector before I came to this place, I had on many occasions been through emergency response drills. In the previous company I had worked for, Subsea 7, I had had the opportunity to work in one of the best emergency response facilities, so in many respects I was well prepared. I also spent three years in the constituency of the hon. Member for Gordon (Colin Clark), working for his predecessor. I had dealt with many distressed families in many difficult emergency situations, but I do not think anything prepared me for the experiences of that evening.

I pay tribute to the emergency response teams who responded that evening, and to Gordon Craig, who is still the chaplain for the offshore industry; he gave a huge amount of support to the families affected, and also to the staff who responded. Sadly, because of previous accidents in the North sea, there was a huge amount of experience and support from within the industry on the day following the accident. Today we are looking at whether there needs to be a public inquiry. I say to all the policy makers here and in Scotland that we need a balance, and to consider all aspects of what companies do for profit and how they treat their staff, as the hon. Member for Gordon highlighted.

I was getting into the bath that evening with a glass of wine. Before I had put the wine to my mouth, my phone rang. I got out of the bath, and I was asked to come to work. There were about 15 of us around the table. We were largely sitting and waiting for information and pulling together responses. We were taking calls from family members who had seen the news about a helicopter ditching, but did not know which platform their loved one was on. Because of the nature of social media and the speed at which news now moves, it became a process of elimination; we did not know the names of those who had been killed even when those who had survived were getting off the helicopter. I remember sitting with another colleague, with a picture of Gary, and trying to identify whether he was among those getting off the helicopter who had survived.

Eventually the call came from Total. It was the Borgsten Dolphin platform operated by CHC that the workers had been working on. The response and support was exceptional. Total did an excellent job of including colleagues from the company that I worked for, and made sure we had the relevant support and information. A decision was made that evening that I and a colleague from the human resources team would drive overnight to stay in the highlands and meet Gary’s family the next day. They were an incredible group of people. Although I do not have personal contact with them anymore, I want to pay tribute to the McCrossan family, and to the families of all those who have lost loved ones in not only this accident, but other accidents. The right hon. Member for Orkney and Shetland (Mr Carmichael) rightly pointed out that they are still waiting for answers. It is a matter of deep regret that they are five and a half years on and still no further forward in finding out what happened.

We now have an industry that is incredibly resilient and has done a huge amount of work to engage with the workforce, yet it still does not have confidence in Super Puma helicopters. We have to consider carefully how the engagement happens. In the days and months after that tragic accident, I worked with many staff who worked both onshore and offshore. I saw the challenges of teams trying to resource jobs offshore with big operators; there were significant pressures. Safety is absolutely everyone’s No. 1 priority. As the right hon. Member for Orkney and Shetland said, the further away we get from the Piper Alpha accident of 1988, the further away we get from remembering how devastating some of these accidents can be. Just as that was a turning point for health and safety offshore, so was the accident on 23 August in terms of helicopter safety.

When the Government consider this issue—I know that the Scottish National party Government in Scotland are also considering this issue—I hope that they consult families. What consultation has the Minister had with families and the workforce? There is no better way to understand an issue than to speak to those who work in companies and organisations. In the aftermath of that accident, there was a huge amount of regulation and many changes, from the size of escape routes to a reduced number of passengers. I spoke to some guys who worked offshore who told me about their experiences of flying. Perhaps they would be seated next to someone at a window who was a lot bigger than them. They would literally fear for their life; they had fears not only around mechanical failures, but around whether they would be able to escape from the helicopter.

We have to remember that helicopter is the only way to get to most offshore installations. At the time, many other options were looked at. Boats were considered, but fixed-wing planes are obviously not an option; helicopters were clearly the only one. It was not the way it is for the rest of us, who get on a plane, bus or train to come to London. Helicopters are literally the only way for offshore workers to get to their place of employment.

The Step Change in Safety helicopter safety leadership group, led by Les Linklater, continues to do an incredible power of work, and although in the past few years, since being elected, I have got further away from that work—and there is obviously limited interest in the oil and gas sector in Livingston—I have kept in touch with many of those I was involved with, who did such incredible work. That is why I take a particular interest in today’s debate and what happens next. I hope that the Minister will look carefully at the scope for a public inquiry, and at whether that is possible and would be the right thing. I take the point that there are strong views on both sides, and that my Scottish Government colleagues will also have engaged extensively with the workforce. However, the bottom line is that families have lost loved ones, and many still do not understand why. There is a list in the Library briefing of the many accidents.

[Sir Henry Bellingham (in the Chair)]

Order. I am sorry to interrupt the hon. Lady, but I am keen to call two more Back-Bench Members to speak, so if she could wrap up her remarks, I should be grateful.

[Hannah Bardell]

Absolutely, Sir Henry. I hope that the Minister will consider my request, and engage with the families.