27 June 2004

"Keep the Safety Regulation of Railways Independent", disaster family and Safety Groups tell the Government

The regulation of safety should continue to be the responsibility of the Health and Safety Executive and not be transferred to the Department for Transport or any other body, safety groups have told the Government in a submission to its Rail Review which is due to report this summer.

The submission - from the Centre for Corporate Accountability, Disaster Action and the Safety on Trains Action Group - comes after media reports that the Government is minded to remove the safety regulation of railways out of the Health and Safety Executive.

Disaster Action represents families from eight recent UK disasters. (click here). The CCA is an advice and research organisation concerned with the promotion of worker and public safety

The Submission also criticises the view of the Rt. Hon Alistair Darling, Scretary of State for Transport, that there are too many safety standards enforced in an over-cautious manner.

Maureen Kavanagh from the Safety on Trains Action Group, whose son Peter died in the Southall Rail Crash said:

"It seems rather extraordinary, when public confidence in the safety of the railways is so low, for the Government to consider removing the independence of the safety regulator, lowering safety standards and enforcing them with a lighter touch"

Maurice de Rohan, Chairman of Disaster Action whose daughter died in the Zeebrugge disaster, said:

"Lack of industry independence from those enforcing safety was a key factor that contributed to the Zeebrugge, King's Cross, Piper Alpha, Clapham and other rail disasters. The public inquiry reports made this quite clear. The current proposal smacks to me of going back to a safety culture approach that puts corporate accountability at the bottom of the agenda instead of at the top where it belongs."

The submission, sent today to the Department of Transport, states that:

"It is essential that the organisation involved in enforcing safety in any industry is, and is seen to be, entirely independent of the industry itself. Lack of such independence was found to have been a factor in the Zeebrugge Ferry, Kings Cross, Piper Alpha, and Clapham disasters. We urge the Government to review the Inquiry reports for each of the disasters that have occurred since 1987. Without exception they illustrate the danger of the Secretary of State’s proposed approach and suggest that independence of the safety authority is essential.

It points out that Lord Cullen in his report into the Ladbroke Grove Railway Disaster, stated:

“If the safety regulator is to discharge its function properly and give the public notice that it is doing so, it is essential that it should be independent of the industry and be clearly seen to be independent of it. ….. I am satisfied that the respective functions of the safety regulator and the Rail Regulator, which are clearly distinct, should be seen to be performed by different bodies. This is desirable in order to give public confidence of their independence and of their distinct accountability.”

The submission also points out that the principle of independence was one of the key factors in the original decision to remove the Railway Inspectorate into the HSE and out of the Department of Transport in 1990. The Submission states:

"It would be highly inappropriate for the Government to revert to the position prior to 1990, particularly in the current climate, when poor performance, and the need for modernisation of the rail industry, have created an intense focus upon the safety aspects of the industry and the need for proper regulatory oversight."

The three groups also question's the Secretary of State's statement that "there are now a plethora of industry standards, some of which are over cautious or are being applied in an overcautious way"

The submission states that

"It should be noted that neither public inquiry into the Southall and Ladbroke Grove railway disasters has concluded that safety standards are too onerous and they should be reduced. ... It is our view that there is no justifiable reason why one industry - in particular the railway industry - should be exempt from obligations which otherwise apply to all industries nationally."

The groups goes onto state that there is also no evidence available to justify the allegation that safety law is enforced on the railways in an overcautious manner and that:

"If the Secretary of State has evidence to support his position, it is important that he publishes it."

To download the full Submission, click here

The CCA is an advice and research organisation concerned with the promotion
of worker and public safety. To read about the CCA, click here

Disaster Action
Disaster Action is a national network of survivors and bereaved people from major UK and overseas disasters including the Zeebrugge, King's Cross, Piper Alpha, Marchioness, Lockerbie, UT772, Dunblane, Southall, Ladbroke Grove, the 11th September attacks and the Bali bombing. All its members have direct personal experience of surviving a major trauma such as a disaster and/or being bereaved in such a traumatic event. Disaster Action aims to help create a safety climate in which disasters are less likely to occur, offer support to those directly affected by major trauma and raise awareness of the needs of survivors and the bereaved in the short and longer-term aftermath.

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