HC Deb 17 May 1991 vol 191 cc298-300W
Mr. Denzil Davies

To ask the Secretary of State for Transport what guidelines are laid down for investigations by the British Transport Police in cases of sudden death.

Mr. Freeman

The guidelines for investigations by the British Transport police in cases of sudden death are the same as those for Home Department forces. Investigations are conducted on behalf of Her Majesty's coroners of the areas in which such deaths occur. In apropriate cases, the facts are brought to the attention of the Crown prosecution service.

Mr. Denzil Davies

To ask the Secretary of State for Transport on what statutory bases the British Transport Police is required to investigate and submit reports to Her Majesty's coroners in cases of sudden death involving British Rail trains.

Mr. Freeman

The British Transport police in its present form is established by section 69 of the Transport Act 1962 and its jurisdiction stems from section 53 of the British Transport Commission Act 1949 as amended. Constables are appointed in accordance with the provisions of the British Transport Commission Act 1949 as amended by section 70 of the Transport Act 1962, section 43 of the British Transport Commission Act 1962 and section 25 of the British Railways Act 1978. Parallel provisions apply in Scotland. BTP constables have the same powers and duties as any other constable in England, Wales and Scotland while acting within their jurisdiction. Within that jurisdiction, investigations into sudden deaths are conducted on behalf of Her Majesty's coroners in the same way as those conducted by other police forces.

Mr. Denzil Davies

To ask the Secretary of State for Transport what facilities of a technical and engineering nature are available to the British Transport police when investigating cases of sudden death suspected of having being caused by mechanical failure.

Mr. Freeman

The British Transport police has full access to the forensic science service, Home Office pathologists, the Metropolitan police forensic laboratory, and the Laboratory of the Government Chemist. In addition, it can use each and every technical and engineering facility avialable within British Rail. Should independent advice not available from these organisations be necessary, the force is free to obtain that advice from the most appropriate source, including the Health and Safety Executive.

Mr. Denzil Davies

To ask the Secretary of State for Transport what is the practice of the British Transport police with regard to making use of engineering and mechanical reports in the control and possession of British Rail when submitting reports to Her Majesty's coroners in cases of sudden death.

Mr. Freeman

The practice of the British Transport police is the same as that of any Home Department police force when investigating sudden deaths. If any relevant report is held by British Rail, it will be sought and, if obtained, disclosed to Her Majesty's coroner. If such a report is not disclosed by British Rail, Her Majesty's coroner will be informed of its believed existence enabling him to exercise his power to order the appearance of witnesses to give evidence on the contents at the inquest should he deem it necessary.

Mr. Denzil Davies

To ask the Secretary of State for Transport whether there is a complaints procedure similar to the police complaints procedure in respect of the activities of the British Transport police.

Mr. Freeman

Arrangements for dealing with public complaints concerning the British Transport police are identical to those for Home Department police forces in England and Wales, except that the final appellate authority in respect of the police disciplinary appeals is the Secretary of State for Transport and not the Home Secretary. Arrangements in Scotland are identical to those operating in other Scottish police forces.

Mr. Denzil Davies

To ask the Secretary of State for Transport (1) whether he will list the present members of the British Transport police committee, indicating which members are employed full time and part time;

(2) what are the primary duties and function of the British Transport police committee;

(3) which members of the British Transport police committee are now, or have been, employees of the British Railways Board.

Mr. Freeman

The present membership of the British Transport police committee is as follows:

  • Mr. J. C. P. Edmonds (Chairman)
  • Mr. D. Tunnicliffe
  • Mr. C. J. D. Driver
  • Mr. A. P. Watkinson
  • Dr. J. D. C. Prideaux
  • Sir Lawrence Byford CBE, QPM, DL, LLD

All the above mentioned members are current full-time members or employees of the British Railways Board except for Mr. Tunnicliffe and Sir Lawrence Byford. Membership of the committee is not, however, a full-time responsibility.

The principal duties and function of the committee are set out in paragraph 4(g) of the British Transport Police Force Scheme 1963, made under section 69 of the Transport Act 1962. These are primarily to supervise he administration of the force, to make recommendations to the British Railways and London Regional Transport boards on any matter concerning the force, to exercise the powers of the Railways Board under section 53 of the British Transport Commission Act 1949 as amended by section 70 of the Transport Act 1962 and to do on behalf and in the name of the Railways Board all other things which may be necessary for performing its functions under the BTP force scheme.