§ Q3. Mr. Onslowasked the Prime Minister what representations he has received concerning the need for a new British inquiry into the Munich air disaster; and whether he will now make a statement.
§ Q13. Mr. van Straubenzeeasked the Prime Minister whether he will institute a British inquiry into the air disaster to a British European Airways Elizabethan aircraft piloted by Captain Thain at Munich in 1958.
§ The Prime MinisterMy right hon. Friend the President of the Board of Trade has invited Mr. E. S. Fay, Q.C., to reopen the inquiry conducted under his chairmanship in 1959–60, but with different terms of reference. I will, with permission, circulate the full terms of reference in the OFFICIAL REPORT but they are, in brief, to consider in private and report to the Board of Trade whether, in its opinion, blame for the accident is to be imputed to Captain Thain. As the purpose of this inquiry is different from that of the German inquiry, which was to establish the cause of the accident, the Government of the Federal Republic have kindly agreed to make available German witnesses.
§ Mr. OnslowIs the Prime Minister aware that that progress will be warmly welcomed by many hon. Members on this side, particularly my hon. Friend the Member for Wokingham (Mr. van Straubenzee), who has pressed for such an inquiry for several months? May I ask the Prime Minister whether he stands by his own statement at Manchester that Captain Thain has been unjustly treated?
§ The Prime MinisterI said at Manchester that I felt that Captain Thain had been unjustly treated in that no further inquiry had been held following the very important report from Farnborough on the question of slush control and the effect of that on the accident. Now we must leave this to the inquiry, to decide exactly what its findings are in relation to the terms of reference it has been given. It does mean that the Farnborough report can be taken into account in the new inquiry.
§ Mr. van StraubenzeeDoes the right hon. Gentleman appreciate how grateful many hon. Members on both sides of the House are for that statement? While quite understanding that it is not possible to prejudge the inquiry, will he make it clear that an opinion as to whether Captain Thain was to blame must require this inquiry to go fully into the causes of the accident?
§ The Prime MinisterYes, Sir. I think that the hon. Gentleman, not only on constituency grounds but more widely, has been right in pursuing the matter as long as he has. I was glad to give the Answer that I have given.
There have been difficulties about the inquiry raised under international law and aviation practice. This is a matter for the country in which the accident takes place. The German Government have been extremely co-operative in making their witnesses available on the basis of a private inquiry, on which they are right to insist, and obviously the terms of reference relating to the responsibility of Captain Thain must take into account all the circumstances relating to the accident and all the later information which we now have on the causes of this kind of accident.
§ Mr. HeathThe Prime Minister's announcement is both important and welcome. Can he say whether there is any reason why the inquiry should be held in private and, if it must be held in private, will the evidence be published subsequently? I should have thought that the experience of recent inquiries was that, if it can be held in public, it will be better.
§ The Prime MinisterThere are difficulties about this. The German Government have the responsibility in such an inquiry, and it is no secret that there was some problem in persuading them to make available their expert witnesses to give evidence. Since the inquiry relates to the culpability or otherwise of the captain concerned, it is probably right that it should be in private. But no doubt those responsible for the inquiry—Mr. Fay himself and the assessors helping him—will take into account what the right hon. Gentleman, other hon. Members and I myself feel about this and make available to the public as much evidence as possible.
§ Mr. RankinWhile welcoming what my right hon. Friend has just said on behalf of my hon. Friends, may I ask whether my right hon. Friend would agree that, while it is important that justice should now be done, it is even more important that justice should be seen to be done? Therefore, does that not add to the necessity of having some kind of public report?
§ The Prime MinisterOf course, I accept what my hon. Friend has said. It is extremely important that the inquiry should be held. I see no difficulty about the fact that it will be held in private. I know that those concerned for it will themselves feel that their report must carry conviction, and, therefore, that they must make available as much information as possible.
§ Sir A. V. HarveyIn view of the difficult circumstances in which Captain Thain may be placed, will the Prime Minister give an assurance that he will be given every facility to be represented, to call witnesses, and so on, quite apart from what the British Airline Pilots' Association may do for him?
§ The Prime MinisterYes, Sir. He has been informed of our proposals, and he is content that the inquiry should be conducted by Mr. Fay. He will of course be represented, quite apart from anything that the Airline Pilots' Association may want to do, and Her Majesty's Government will bear all the basic costs of the inquiry, including the costs of witnesses.
The following are the terms of reference:To consider in private such evidence as may be presented with regard to the accident to B.E.A. Elizabethan G-ALZU at Munich on 6th February, 1958, being evidence which was not considered by them when they reported to the Minister of Aviation on 18th August, 1960, and having regard to such evidence, to the matters considered by them in that Report, to the Report of the German Federal Office of Aviation relating to the re-opened Inquiry into the said accident and to the Memorandum of the Royal Aircraft Establishment at Farnborough on the Application of the Results of Slush Drag Tests, to report to the Board of Trade whether, in their opinion, blame for the acccident is to be imputed to Captain Thain.