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Mull of Kintyre Review

My Lords, I wish to repeat a Statement that the Secretary of State made in the other place. ““Mr Speaker, I wish to announce the publication today of the Mull of Kintyre review, the report of the independent review of the evidence relating to the findings of the board of inquiry into the fatal accident of a Royal Air Force Chinook helicopter at the Mull of Kintyre on 2 June 1994. It is right that I should begin this Statement by paying tribute to the 29 people who died in this accident, one of the worst in the history of the Royal Air Force. As is well known, the passengers were members of the Northern Ireland security and intelligence community who were travelling to a meeting in Inverness, and their deaths were a huge blow to the security of this country. They were also a human tragedy for each of the 29 families who were devastated by the loss of their loved ones. I pledged while in opposition that I would set up a review because I had worries that an injustice might have been done. The official conclusion that the accident was caused by the negligence to a gross degree of the two pilots on duty that day, Flight Lieutenants Jonathan Tapper and Richard Cook, had been criticised almost since the day it was reached. Doubt had been cast on the findings in different ways by the fatal accident review held in 1995, by the Defence Committee and the Public Accounts Committee of this House in 1998 and 2000, and by the Select Committee appointed in another place in 2002. A number of Members of this House have continued to voice their doubts over the findings of gross negligence, and I would wish to acknowledge the unflagging interest in the case shown by my honourable and right honourable friends the Members for North East Fife, Kensington, North East Hampshire, and North West Norfolk, and also by Sir John Major. I know that the Ministry of Defence considered those reports carefully, taking independent and specialist advice, but given the weight and breadth of the comments I thought it only right to ask an independent figure to check whether justice had been done. I announced the establishment of the review—the first independent review of the evidence relating to the accident set up by the Government themselves—to the House on 16 September last year. It was my intention that its report, whatever its findings might be, should draw a line under this matter. It has been carried out by the distinguished former Scottish judge, Lord Philip, with the advice and support of a panel of three fellow Privy Counsellors, Lord Forsyth, Baroness Liddell, and my right honourable friend the Member for Gordon. I am extremely grateful to all four for their thorough and painstaking approach to the task and for the clarity with which they have presented their recommendations, which are unanimous. Lord Philip and his colleagues have concluded that the finding that the pilots were negligent to a gross degree should be set aside and that the Ministry of Defence should consider offering an apology to the families of Flight Lieutenant Tapper and Flight Lieutenant Cook. I can tell the House today that I have accepted these recommendations. At a specially convened meeting of the Defence Council on Monday, it was decided that, to quote our decision, "‘the Reviewing Officers’ conclusions that Flight Lieutenants Tapper and Cook were negligent to a gross degree are no longer sustainable and must therefore be set aside. We therefore order that those findings shall be set aside’." I am writing to the widows of the two pilots, to the father of Jonathan Tapper and the brother of Richard Cook to express the Ministry of Defence’s apology for the distress that was caused to them by the findings of negligence. I wish also to express that apology publicly in this House today. Lord Philip’s analysis is very clear. To put it as briefly as I can, he identifies the central point as being that, according to the regulations in force at the time, a finding of negligence should have been made against air crew who had been killed in an accident only if there was ““absolutely no doubt whatsoever”” about the matter. Although the two air chief marshals who acted as the reviewing officers for the board of inquiry and made the findings themselves had no doubts on the matter, Lord Philip is clear that that is not enough. The question that needed to be asked was whether there was any scope for doubt in anyone’s mind. In this case, other, competent, persons did have doubts. That is sufficient to warrant the conclusion that the findings should not stand. I would like to make four further points. First, this report does not purport to tell us exactly why Chinook ZD576 crashed. It is central to Lord Philip’s report that the exact cause will never be established, and I am convinced that pursuing the matter further would serve only to increase the distress of the family and friends of those who died in the accident. But those who allege a long-running conspiracy to cover up technical shortcomings in this aircraft will find no support here. The Chinook has had an excellent safety record since the disaster at the Mull. It has been a mainstay of our operations in successive theatres of war and it has the full confidence of those who fly it. On this occasion, however, the report reveals that the pilot expressed concerns that he felt unprepared to fly the aircraft. Secondly, I want to emphasise that Air Chief Marshals Sir John Day and Sir William Wratten, now retired, who made the decision were and are highly respected and experienced airmen who acted at all times with full conviction as to the right and proper course and in good faith. They did not reach their decision lightly and they did ask for legal advice. Regrettably that legal advice, although subsequently endorsed by independent Queen’s Counsel, has now proved to be incorrect. I attach no personal blame to these distinguished officers and their advisers. Thirdly, the procedures for investigation of air and other military accidents were changed some years ago, with the result that it is no longer the practice for boards of inquiry—now service inquiries—to ascribe blame to those involved, whether or not they survived the accident. This was because sometimes the business of ascribing blame can get in the way of finding out what actually happened and, most importantly, preventing any recurrence. Fourthly, the report makes one further recommendation: that the Ministry of Defence should reconsider its policy and procedures for the transport of personnel whose responsibilities are vital to national security. I accept that recommendation too. It has implications for land and sea as well as air transport. I have directed my officials to ensure that the policy and procedures in place across all three services ensure that we do not unnecessarily risk so many individuals who are vital to national security on one vehicle. It is worth noting that Flight Lieutenant Tapper had asked for the passengers on the Chinook that crashed to be split between more than one helicopter. This has been an unhappy affair that has caused much reflection within the Royal Air Force and anguish for the families of those who died, and particularly for those who were wrongly officially found to have been negligent to a gross degree. I hope that this report and the action that I have taken in response to it will bring an end to this chapter by removing this stain on the reputation of the two pilots””.