Speech by Diana Macaulay

TUC/CCA Conference, 8 July 2002 on 
‘Law Enforcement and Corporate Accountability’

A One Second Life Change.....
This happened for our family at 8.11am on 5th of October 1999. Our son Matthew was in the front car of the Thames train on that morning when it plowed head on, at speed into a First Great Western train.  He was on his way to work at Slough. There was very little left of his carriage, he died instantly.

All except one member of Matthew‚s family were living in New Zealand at the time of the disaster.  We knew there had been a horrific rail crash in London as TV News is instant and global, but we had no idea that Matthew had been on one of the trains involved.  Forty eight hours after the crash his family were told of his death.  I cannot imagine that I will ever have a worse experience than hearing that my much loved son was dead.  He was identified by the Macaulay clan crest that was tattooed between his shoulder blades.

Six members of Matthew’s family immediately made the twenty six hour flight to London.  You are numb one minute then are next hit by the raw pain, nothing makes sense, it is surreal.  We were met at Heathrow by Special Branch and our Police family liaison officer, they then took us to our Hotel. Arrangements were made for us to visit the crash site that afternoon.  What an overwhelming experience that  was,  before us were the smouldering twisted remains of two trains in which thirty one people died and many received awful injuries.  The Police and Fire services were working in very unpleasant  conditions, yet were so respectful.  I feel so humble when I think of the work these dedicated people do, and as always the Salvation Army were there supporting the workers.

Our time in London was spent meeting some of Matthew‚s friends, visiting his work place and his flat and walking the path of grief, it was so painful.  On the 10th of October Matthew would have celebrated his 27th birthday so we held a birthday party in his honour to give  thanks for his life, it also gave his many London friends the opportunity to say goodbye. During this time our Family Liaison Officer was by our side handling all  media questions and the paper work that goes with death. Unfortunately we were unable to see Matthew’s body  because of the horrendous injuries he received, this was difficult to accept.  After a very emotional six days in London the family returned to Auckland, New Zealand with Matthew.  His casket was taken to our home where we were able to spend some quiet time with him.  His funeral service and burial took place in Auckland on October 16.

We had just buried our beautiful son, we were grief stricken and heartbroken.  We had wonderful loving support from family and friends. What a blessing they were but day turns into night and night into day, we were still breathing, we had to keep going.... The post kept arriving. There were letters from Health and Safety informing us that there is to be an inquiry into the crash, lawyers touting for business, the coroners office informing us of what happens next‚ and during this time our Police Family Liaison Officer also kept us informed.  He also arranged to have possessions of Matthew‚s  found at the crash site to be sent to us, one of the items returned was his Swatch watch although badly damaged it was still working, another was his mobile phone which had melted.

In February 2000 the Inquest into the thirty one deaths was opened at the Westminster Coroner’s Court. Our daughter Rachel and I flew over for this. Unfortunately my husband Peter was unable to attend due to work commitments.  During this time Rachel and I also met with Lord Cullen who was to lead the Inquiry into the crash.  The Inquiry opened in May 2000. With the information that was coming out in the media and from our own observations while attending  parts of the Inquiry it became very obvious to Peter and I that there was something seriously wrong in the Rail Industry and that unless there were some major changes put in place there would be more fatal rail disasters. Peter and I decided to up heave ourselves and move to London, arriving with the cat in time for the one year Memorial Service.  In New Zealand we felt too far away and were  unable to be active in promoting change within the rail industry. Our parents had taught us that in life we have certain responsibilities and that these need to be acted upon, we did not want others to lose their lives unnecessarily.  There was work to be done, and there still is.

Where to now? The Crown Prosecution Service after deciding there was no case of corporate manslaughter to answer over the Paddington crash has after further deliberations asked the British Transport Police to reopen the case.  The new investigation will centre on the siting of signal 109. What did the Thames Train driver see that morning? We need to know and so do his family. As many of you know the current law on corporate manslaughter has many loopholes.  Is this justice at work?  No, we need new law. Over the past year there has been much political interference in the rail industry, a little of this is perhaps helpful but much is unconstructive and lacked real vision. I do believe that there are some very capable people in the industry who have been and are trying to make the changes needed for a safer railway but they are being hampered by some absolute twits. The sad thing about it is that procedural and management changes don‚t seem to happen until lives are lost.

In many companies for too long now the accountants and their  bottom line profits have had too much power.  Of course companies need to make a profit but not at the expense of lives,  business  must  be managed for the long term, not for quick short term profit. The newspaper headlines at present remind us daily that there are unscrupulous and incompetent people in control in some companies.  If we could guarantee that these powerful, irresponsible people didn’t exist, that would be wonderful, but until we have that assurance, we need protective law on the statute books.   One such law is the one  for Corporate Accountability.  If you are a responsible manager you  need not feel concerned about a corporate responsibility law, but if you are negligent and irresponsible and your decisions or lack of decisions cause death, you will have to take the punishment and this may be a charge of corporate manslaughter. There has been enough talk about the proposed law of Corporate Accountability. Lets force the Government to be responsible and put this law in place.

The pain of losing our son in the Paddington Rail crash does not get any less and at times the days are very long. Many times over the past  two and half years I have shaken my head in disbelief over what I have seen and heard but there is work to do and we must go on. Thirty one people died in the Paddington Rail Disaster, responsibility has to be taken for their deaths. I would like to read to you a poem that Matthew‚s brother Ben wrote shortly after Matthew’s death.
Matt.
You were one who took the most out of life. You were the brace of our backs if we were in strife.
Blinders no minders, a peripheral view, flat plains to high mountains, no problem for you.
Even handed level-headed, an enigma, TOO SOON!
You lived life to the max and it‚s your life that has been strewn.
In our minds an our hearts and the memories we’ve known,
the last thing you wanted was to leave us alone.
You’re beautiful, so beautiful and we love you so much.  We will never
forget your too human touch.