THE ANNUAL REPORT OF THE NATIONAL LIAISON COMMITTEE OVERSEEING THE PROTOCOL FOR WORK-RELATED DEATHS 2001-2002
ANNUAL REPORT 2001-2002
PREFACE
The past twelve months have seen The CPS in the Chair of the National Liaison Committee. The degree of inter-agency co-operation continues to rise, and I am delighted that our partnership has grown to include our colleagues from the Local Government Association and the British Transport Police with whom we have worked over the last year and who will be signatories to the revised Protocol in due course.
The greatest challenge facing the committee this year has been the revision of the Protocol, and a working group established to conduct the review has met regularly and frequently, and is well on the way towards achieving its objective. The importance of engaging those outside of the committee in the process of reform cannot be over-estimated, and the working group has consulted widely in formulating the necessary changes. I am delighted that the group received many constructive comments from various organisations, which will, I am sure, prove extremely helpful to the revision process. Further consultation is planned, before the new Protocol is published later this year.
I now hand the Chair on to the Health and Safety Executive for 2002-2003, confident in the knowledge that the HSE, The CPS, ACPO, the LGA and the BTP are together working hard to achieve our common goals, in particular that of guiding those that investigate and prosecute work-related deaths towards providing the professional service that the public both requires and deserves.
Philip Geering, Chair of the National Liaison Committee, and Head of Criminal Justice Policy Directorate, Crown Prosecution Service.
EXTENDED MEMBERSHIP OF THE NATIONAL LIAISON COMMITTEE
The committee was anxious to reflect the very important roles of local authorities and the British Transport Police in health and safety matters, and accordingly a representative from the Local Government Association and the BTP were invited to join the NLC. These invitations were accepted, and the committee has had the benefit of the experience and knowledge of each of these new representatives, over the last twelve months.
NATIONAL LIAISON COMMITTEE MEETINGS
The committee met twice this year, and agreed that it would, in future, meet at least twice each year.
One of the meetings was attended by the chairs of the Regional Liaison Committees, who up-dated the meeting about regional and local issues and initiatives. Of particular note was the inter-agency training that has already taken place in the West Midlands, to the benefit of all concerned. The meeting was also informed by a presentation about the issues surrounding deaths in healthcare.
The annual meeting with the Coroners Society was valuable in that, as well as discussing problems and sharing best practice in general, the committee received constructive comments relevant to the review of the Protocol.
THE REVIEW OF THE PROTOCOL
A working group was established comprising members of all the signatory organisations including the Local Government Association and the British Transport Police. This met monthly and set upon the task of revising the 1998 Protocol. Whilst members were able to identify areas where change is necessary, they also recognised that others, outside of the NLC, would also have experience of how the Protocol operates, and who would be able to make a valuable contribution to the review process. Accordingly, 38 targeted organisations were invited to offer their comments, and the HSE website was adapted to allow anyone visiting the site to contribute. All the comments received will be digested by the working group, and will without doubt prove invaluable in the reformulation of the Protocol.
Members of the NLC are shortly to meet BTP officers who played a part in investigating and managing the Hatfield Rail incident with the intention of informing the review.
On producing a draft the NLC proposes to consult further with interested organisations before publication, which is scheduled for the autumn of 2002.
LAW REFORM
The changes to the law governing manslaughter have yet to be finalised, and so did not have the effect on our work that was anticipated when the last annual report was published. Changes in this area, together with reforms expected to be implemented following the report by Lord Justice Auld, are bound to have an impact on the way in which the signatory agencies work together, particularly in such areas as charging and disclosure. The NLC undertakes to keep all such changes under review.
MAJOR INCIDENT MANAGEMENT
Following the explosion at the Corus steel works in Port Talbot, an overarching group was formed to support police and HSE Inspectors tasked with investigating the incident. The group comprised of the Head of South Wales CID, Force Solicitor, HSE Field Operations inspector and senior lawyer together with a senior member of CPS Casework Directorate. The chair of the NLC Working Group responsible for revising the protocol has attended as an observer.
The Group’s purpose is to provide advice and legal guidance to the senior police officer conducting the investigation and ensure a seamless approach to inter agency decision-making. It is hoped to learn important lessons and inform best practice in the management of major incidents.
THE ROLE OF THE NATIONAL LIAISON COMMITTEE
Once the revised Protocol has been published, the NLC will consider and look afresh at its role in overseeing the operation of the protocol. This work will fall to the HSE who will chair the committee in the coming year.
SUMMARY
This has been a busy year for the NLC, but new partnerships have been forged and existing partnerships strengthened, and, whilst much remains to be done in the future, much has been achieved, the committee is ready to face the challenges that will meet it in the coming year.