Double Standards ?
It is wonderful news that a date has been set for an FAI into the Clutha helicopter accident. However, what is interesting is that a mandatory FAI is being called for the police who died, "while they were acting in the course of their employment", and it is being carried out iaw the 2016 act even though the accident took place in Nov 2013.
In a letter to the Justice Committee, dated 21st May 2015, from Mr Steven McGowan (Procurator Fiscal Major Crime and Investigation Fatalities), it was pointed out that an FAI was not convened for the Tornado accident because the 3rd Edition of Carmichael on Sudden Deaths and Fatal Accident Inquiries states at paragraph 2-07 that deaths of members of Armed Forces whilst on duty are not deaths in the course of employment. What he failed to point out was that the paragraph also covers police officers.
However, Mr McGowan's oversight (intentional or otherwise) did not go unnoticed by Christine Grahame when Stage 1 of the 2016 Bill was debated in the Scottish Parliament on 25th Sept 2015. She made it clear that as things stood "mandatory FAIs are currently held when a death occurs in Scotland either as a result of a work-related accident or when the deceased was in legal custody at the time of death. The former does not apply to the armed forces or indeed to police officers on duty."
So where does all this leave the call for an FAI into the 2012 Moray Firth Tornado accident? If the Crown Office has given the go ahead for a mandatory FAI under the new 2016 Act for an accident that took place in 2013, and for people who were technically not covered under the old Act, and still not covered, then they have to demonstrate that there is a level playing field for all in Scotland. Based on this recent interpretation of the 2016 Act, and the additional documentation presented to the Crown Office on 1st May, I fail to see how the Lord Advocate can reject a call for a mandatory FAI for the Moray Firth collision under section 2(1) and 2(3) of the Inquires into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.
The argument that the Military Aviation Authority produced a comprehensive report for the Tornado accident, thus negating the need for an FAI, can not be justified. The AAIB, a truly independent body, carried out a investigation into the Clutha accident, which lasted two years and resulted in a 176 page technical report.
DV