HL Deb 18 March 2003 vol 646 cc26-7WA
Lord Berkeley

asked Her Majesty's Government:

Whether they will place in the Library of the House copies of correspondence from the Health and Safety Executive or British Transport Police to representatives of families bereaved or injured in the Potters Bar rail accident. [HL2089]

The Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster (Lord Macdonald of Tradeston)

It would be inappropriate to release this correspondence.

Lord Berkeley

asked Her Majesty's Government:

What evidence of criminal negligence by track staff the British Transport Police has discovered in respect of the Potters Bar rail accident; and whether any such evidence has been communicated to (a) the representatives of those bereaved or injured; and (b) organisations and companies involved in the accident. [HL2090]

Lord Macdonald of Tradeston

All evidence gathered by the British Transport Police (BTP) in respect of the Potters Bar rail crash will be submitted to the Crown Prosecution Service (CPS) for its consideration. It is not appropriate to release details of any such evidence while the investigation is still in progress.

The BTP and Health and Safety Executive (HSE) have a confidential relationship with the bereaved and injured involved in the Potters Bar rail accident. This is based on the recommendations made by Sir William Macpherson of Cluny on the relationship between victim and investigator in his inquiry into the matters arising from the death of Stephen Lawrence.

The BTP and the HSE have given other interested parties the opportunity to view and comment on technical and forensic testing to ensure that all relevant issues are explored. This process has been endorsed by the CPS as being in the best interests of fairness.

The BTP also has a duty to release safety-critical information obtained in its investigation of the accident to the industry, normally through contact with the HSE and Railway Safety. The BTP and the HSE also have a duty to release information to the industry's formal inquiry panel which is charged with identifying safety-critical issues and lessons to be learned from the crash.