Mull of Kintyre Review

Lord Rosser Excerpts

Wednesday 13th July 2011 Lords Chamber

[Lord Rosser]

My Lords, I thank the Minister for repeating the Statement made in the other place by the Secretary of State for Defence. As a result, an opportunity has been provided to enable noble Lords from all sides of the House to express their views in the light of the Statement on a tragedy that has been the subject of considerable comment and concern.

We pay tribute to the 29 people who died in the accident, and to the dignity and bravery of their families. We add our thanks to Lord Philip for his review of and report on the tragic accident in June 1994, when a Chinook mark 2 helicopter crashed on the Mull of Kintyre, and also to the panel of three Privy Counsellors who assisted Lord Philip in his work, two of whom are Members of your Lordships’ House.

The review was mainly of the written record of the board of inquiry and of other related evidence that, it was felt, might throw light on the findings of the board. The original board of inquiry made no finding of culpability, but the two reviewing officers made a finding of gross negligence in respect of the two pilots. It is unfortunate that some of Lord Philip's conclusions were apparently leaked, as they were fairly extensively reported over last weekend. Perhaps the Minister might like to comment on this in his response and tell us what action, if any, is being taken.

The principal recommendation that the board of inquiry finding of negligence to a gross degree should be set aside has been accepted and implemented by the Defence Council. Lord Philip felt that the Ministry of Defence should consider offering an apology to the families of Flight Lieutenant Tapper and Flight Lieutenant Cook. The Secretary of State for Defence has just given that apology and we agree with that.

There is also an issue of the large number of key personnel who were travelling together on the Chinook that crashed. The matter was reviewed after the board of inquiry and guidance was produced, and I note from the Statement that the Secretary of State intends to take another look at this issue to reassure himself that procedures are adequate and appropriate. Lord Philip has also commented on the board of inquiry procedures at the time of the accident but indicated that his concerns have been met by subsequent changes to those procedures.

The terms of reference of the review were:

“To examine all available evidence relating to the findings of the board of inquiry into the fatal accident at the Mull of Kintyre on 2 June 1994; and to report conclusions to the Secretary of State for Defence as soon as possible”.

The review was not asked to make conclusions as to the cause of the accident but it did not find new evidence to suggest mechanical failure, and no safety issue with the Chinook mark 2 has been raised in the report. Lord Philip’s conclusion is very specific. He states that according to the regulations in force at the time, a finding of negligence should only have been made against air crew who had been killed in an accident if there was “absolutely no doubt whatsoever” about the matter. Lord Philip indicates that competent persons did have doubts, albeit not the reviewing officers, and that accordingly the findings should not stand.

It would appear that successive Secretaries of State, initially from the Conservatives and then from Labour, serving from the time of the incident until the last election, felt they should follow the view of the reviewing officers, which was backed up by legal advice, even though it now seems from Lord Philip’s report that the RAF’s own regulations were not followed since there was not the necessary level of proof—namely, “absolutely no doubt whatsoever”—which there should have been for a finding of gross negligence. Indeed, investigations by the Public Accounts Committee in 2000 and a Select Committee of your Lordships’ House in 2001 both found that the findings of the board of inquiry did not satisfy the burden of proof required.

The Secretary of State and the Ministry of Defence accept Lord Philip’s finding that there was room for doubt on the matter and that therefore the finding of negligence to a gross degree was unjustified. We believe that, in the light of Lord Philip's report, the Secretary of State and the Ministry of Defence have made the correct decision. It is only right that if a finding of negligence to a gross degree is to stand, the evidence must be such as to leave no doubt whatsoever. Lord Philip has quite clearly found that not to be the case.

I have three questions to put to the Minister. In the Statement, it was said that the report reveals that the pilot expressed concerns that he felt unprepared to fly the aircraft. Could the Minister tell the House how this matter was dealt with at the time, and what lessons have been learned and implemented? Secondly, can the Minister say what issues surrounding compensation for the families of the deceased arise from the report? I hope that this now brings this matter to a conclusion—one that all will feel able to accept. With that sentiment in mind, I have only one further question to ask the Minister: will he confirm that there will now be no further reviews or enquiries seeking to establish the cause of the accident?