This makes interesting reading:
http://www.dft.gov.uk/stellent/group...foi_037744.pdf
10/05/05
Dear XXXX,
Thank you for your e-mail of 8 April (copy attached) requesting, under the Freedom of Information Act 2000 (the Act), a copy of the report of an audit of MK Airlines undertaken by the Civil Aviation Authority (CAA). Most of the information cannot be disclosed for the reasons given in the annex attached to this letter.
I have attached a copy of Part A of the audit report with personal details deleted.
With regard to those details and the remainder of the report, the Department has concluded that it cannot be released for the detailed reasons given below. Your request for information is therefore denied under section 27(1) (a) (international relations) and section 31(1)(g) and 31(2)(a), (c) and (j) (law enforcement), section 40 (personal information) and section 41 (confidence).
In reviewing your request for the audit report, the Department has considered the application of sections 27, 31, 40 and 41 of the Act. Section 27 exempts information if its disclosure would, or would be likely to, prejudice relations between the United Kingdom and another State. Section 31 exempts information if its disclosure would, or would be likely to, prejudice the exercise by a public authority of a function for the purposes of ascertaining whether any person has failed to comply with the law, ascertaining whether circumstances would justify regulatory action, or protecting
persons against risks to health and safety. Section 40 exempts personal data
subject to certain conditions. Section 41 exempts information if its disclosure would constitute an actionable breach of confidence. A copy of the full text of these exemptions is attached.
Under the Convention on International Civil Aviation (the Chicago Convention) the responsibility rests with the state in which the airline is based. During an audit of a foreign airline the UK Civil Aviation Authority will necessarily have to make judgements about the safety standards and regulatory capabilities of the airline’s national aviation authority. Such judgements will be contained in the audit reports and their disclosure would prejudice the willingness of the foreign authority, in this case in Ghana, to engage in discussion with the UK either now or in the future on the question of the regulatory oversight of airlines based in that country. The publication of the reports of such audits are therefore likely to prejudice the UK’s relations with
the State concerned. Accordingly, section 27(1)(a)applies.
It is a condition of the permit issued by the Secretary of State to foreign airlines under article 113 of the Air Navigation Order 2000 that the aircraft being used on the service comply with all relevant international standards related to airworthiness and operating standards established by the International Civil Aviation Organisation. The Secretary of State may ask the UK Civil Aviation Authority to carry out an audit of a foreign airline to ensure that the conditions of the permit are being met. The audit of
a foreign airline will normally need the cooperation of the airline itself and the
permission of its national aviation authority. During an audit of a foreign airline the Civil Aviation Authority will necessarily have to make judgements about the safety standards of the airline and regulatory capabilities of the airline’s national aviation authority. Such judgements will be contained in the audit reports. Since successful completion of an audit requires an airline’s co-operation, publication of the reports of such audits is likely to prejudice that co-operation and therefore the CAA's ability to conduct future audits on foreign registered aircraft, on behalf of the Secretary of State. Accordingly section 31 applies. The report identifies the names of the CAA personnel conducting the audit together with the names of the MK Airlines and the Ghanaian Civil Aviation Authority Staff interviewed. Accordingly, section 40 applies and the exemption from disclosure is absolute.
MK agreed to audit by the CAA on the basis that the audit results would be
confidential between the CAA, the Department and Ghanaian authorities. It is our view that the release of the audit report would be an actionable breach of confidence. Accordingly, section 41 applies and the exemption from disclosure is also absolute. Since exemptions from disclosure permitted by section 27 and 31 of the act are not absolute, the Department has also considered whether the “public interest” is served by disclosing information that relates to matters of international relations and law
enforcement. The public interest in disclosure of the information in parts B, C and D of the audit report includes: enabling the wider public to make informed decisions about the safety of air operators flying into and out of the UK; transparency and open government; the public right of access to official information held, and improving public confidence in the safety of airlines/airline operators. However, disclosure of a report of an audit which was conducted in confidence and contains assessments of another State's regulatory process is likely to prejudice the MK's relations with that State. Further, the disclosure of the report is likely to prejudice the Secretary of State's ability to exercise his functions relating to the
safety of foreign airlines and ensuring that such airlines operate in accordance with UK law whilst they are in the UK. In the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information contained in parts B, C and D of the audit report.
If you are unhappy with the way the Department has handled your request or with the
decisions made in relation to your request, you may complain by writing to me at the
address below (or by emailing me). Please see, attached, details of the Department
for Transport’s complaints procedure and your right to complain to the Information
Commissioner.
If you have any queries about this letter, please contact me.
Yours sincerely,
XXXX
Press Office
Department for Transport
Great Minster House
76 Marsham Street
London SW1P 4DR
Tel: XXXX
Your right to complain to DfT and the Information Commissioner
We can fill in a lot of the missing bits with Google.(why the phone number and other names missing beats me
) Interesting that MK, while being based in the UK, is still exempt because of 'flagging out' to Ghana.
here is the Canada report:
http://www.tsb.gc.ca/en/media/commun...m_a04h0004.asp
THE TRANSPORTATION SAFETY BOARD OF CANADA INVESTIGATION INTO A FATAL CARGO PLANE CRASH IN HALIFAX REVEALS THE NEED FOR SYSTEMS TO MONITOR TAKE-OFF PERFORMANCE
(Gatineau, Quebec, June 29, 2006) - The fatal crash of an MK Airlines Limited freight transport plane at Halifax International Airport, Nova Scotia, underscores the need for better systems to ensure correct take-off speed and thrust, the Transportation Safety Board of Canada (TSB) said in its final report (A04H0004) released today.
The report concluded that the speed and thrust settings selected by the crew members in preparation for their October 14, 2004 flight to Spain were incorrect for the weight of the Boeing 747-244SF, a converted jumbo jet. The aircraft did not achieve sufficient altitude, hit a berm at the end of the runway, crashed into the adjacent forest, and burned. All seven crew members died.
The investigation found that the crew did not receive adequate training on the Boeing Laptop Tool, a computer program used to calculate the take-off velocity and power necessary in light of factors such as fuel weight, payload, and environmental conditions. TSB investigators found that crew fatigue and a dark take-off environment may have compounded the likelihood of error. As a consequence, the Board called on Canadian and international regulatory authorities to ensure that crews of large aircraft will be alerted in time when there is not enough power to take off safely. The Board recommended that:
The Department of Transport, in conjunction with the International Civil Aviation Organization, the Federal Aviation Administration, the European Aviation Safety Agency, and other regulatory organizations, establish a requirement for transport category aircraft to be equipped with a take-off performance monitoring system that would provide flight crews with an accurate and timely indication of inadequate take-off performance.
A06-07
"We are asking the world's regulatory agencies to ensure that crews of large aircraft will be alerted in time when there is not enough power to take off safely," said TSB Acting Chair Wendy Tadros. "Our investigation uncovered the causes and contributing factors. We now need to work to ensure that this type of accident doesn't happen again."
OK for the company and insurers but pilots lost their lives in this accident.
We can not bring them back or compensate for their families grief.