This from ODH interview.
Quote:
legally responsible and accountable for every air safety decision I made during my tenure, now and for the rest of my life.
Who does this apply to now? IIRC it came up on the nimrod case when MoD said they couldn't force people to give evidence if they had left post or were retired. Someone posted to say the "rest of life" had always been the case.
You're unlikely to get an answer from MoD.
Yes, this was policy for all of my time in MoD. I was taught on Day 1, keep a copy of everything you sign. This was especially hammered into us when handed letters of delegation; and then again when the Crown Proceedings Act was amended in the late 80s. When I retired, I was told to retain all these papers, as I was still required to justify decisions. (And have been a number of times, when MoD "lost" their copies). That this conflicts with the OSA is one of those things MoD has never got to grips with. Not entirely their fault. It is why people could submit evidence to the likes of Lord Philip without fear of censure. (Although MoD tried).
The ODH interviewed seems to imply this principle came as a shock to him. If it did, then where did he gain his experience as he would have known this from being a sprog?
Bizarrely, your memory is also correct in that this very point (it was expressed as "enduring duty of care") was asked by a Minister, to Secy of State, when the prosecution of those named by Haddon-Cave was being considered. When the correct names (!) were put to the Provost Marshal, Thames Valley Plod and CPS, MoD's formal response was "They've either retired or left post, so no action can be taken, or even questions asked of them". And so the matter was dropped. It also cropped up in other cases - Sea King ASaC and Tornado ZG710 spring to mind. There are numerous examples of Inquests being tainted by MoD staffs, serving and retired, refusing to give evidence. (And also by those willing to give evidence being rejected). If you can reconcile these facts, please tell me how!
This edition of Air Clues comes across as more of a comic. One or two good articles, but let down by a failure to understand some basic principles. A bit like the Spry thread here.