§ Mr. SpearingTo ask the Secretary of State for Transport if he will summarise the salient distinctions and similarities in the procedures in respect of investigation and report into(a) air and (b) maritime disasters, including arrangements for (i) giving and receiving evidence, (ii) publicity or privacy of inquiry proceedings and (iii) publication of reports together with references to the relevant Acts and statutory instruments.
§ Mr. NorrisThe procedures for investigation of major accidents by the air and marine accident investigation branches are, in respect of the matters referred to, as follows:
Inspectors of both branches have power amoung other things to require the production of documents and the attendance of witnesses. Witnesses are required to answer the inspector's questions and sign a declaration of the truth of their answers. The full powers are set out in, respectively, the Civil Aviation (Investigation of Air Accidents) Regulations 1989, regulation 9 and the Merchant Shipping Act 1979, section 27.
Under the Air Accident Regulations an inspector's investigation shall be held in private. Under the Merchant Shipping Act, a witness giving evidence may nominate a person to accompany him but no other person may be present except any person allowed by the inspector.
The Air Accident Regulations (Reg 16) and the Merchant Shipping (Accident Investigation) Regulations 1989 (Reg 9) provide for the Secretary of State to publish a report, subject to specific requirements, unless in his opinion there is good reason not to do so. The report is that of, respectively, the inspector and the chief inspector.
§ Mr. SpearingTo ask the Secretary of State for Transport what plans he has to further Her Majesty's Governments objectives of open government by amending the terms of statutory instruments governing the conduct of current inquiries into marine accidents.
§ Mr. NorrisNone. The existing regulations give sufficient discretion to appointed inspectors; adequately provides for those wishing to make representations; satisfactorily provides for consultation with criticised 135W parties; and, subject to certain safeguards, makes provision for the publication of reports of serious or important accidents.