HC Deb 15 June 1995 vol 261 cc597-8W
Mr. Bill Walker

To ask the Secretary of State for Defence if he will make a statement on the findings of the inquiry into the Chinook crash on 2 June 1994.

Mr. Rifkind

I express to the widows and family members of those who died the Government's deep regret and condolences in their loss.

I have this afternoon placed in the Libraries of both Houses a summary of findings of the inquiry into this tragic crash which claimed the lives of 29 people. After an exhaustive inquiry into all the circumstances, the possibilities of major technical or structural failure, hostile action or electromagnetic interference with navigation equipment were eliminated as possible causes. On all the evidence, it was concluded that the cause of the accident was that the two pilots had wrongly continued to fly towards the Mull of Kintyre below a safe altitude in unsuitable weather conditions. This constituted a failure in their duty and regrettably, therefore, it was concluded that both pilots had been negligent.

I confirm that the MOD will pay compensation to the next of kin where this is due. Legal advice is that in the particular circumstances of this accident the Government's legal liability to the passengers on board is limited by the terms of the Carriage by Air Acts (Application of Provisions) Order 1967 which derives from the relevant international conventions. The Government have, however, previously made clear their view that the limit of 100,000 special drawing rights—approximately £100,000—arising from these conventions is out of date. Accordingly the MOD will consider claims, in this case, above 100,000 SDR. In so doing, they will take account of the discussions already in progress within the civil airline industry about the right limit for airlines' liability. These discussions will inform, but not necessarily determine, the Government's decision on whether the Chinook passenger claims should be subject to an upper limit on compensation and, if so, at what higher figure.

Dr. David Clark

To ask the Secretary of State for Defence (1) what is his Department's definition of an air transport undertaking. [28869]

(2) if the Chinook helicopter involved in the crash in the Mull of Kintyre in June 1994 was partaking in an air transport undertaking; and if he will make a statement. [28868]

Mr. Soames

The Chinook was on an air transport task from RAF Aldergrove to Fort George barracks, Inverness. The Ministry of Defence's understanding of an air transport undertaking is the movement by air of personnel and cargo within and between theatres of operation. The compensation rights of the families concerned, however, are not dependent on how the Ministry of Defence chooses to describe any aspect of this tragic accident.