HMA -v- ICL Tech Limited and ICL Plastics Limited – Stockline
The Public Inquiry into the Stockline disaster concluded on 13 November 2008.
On 28 August 2007, the owner and operator of the ‘Stockline’ factory in Glasgow (which exploded in May 2004, killing nine people and injuring thirty-three) was fined £400,000 after pleading guilty to breaches of health and safety legislation. The explosion was caused by a build-up of liquid petroleum gas (LPG), which leaked out of corroding pipework installed in 1969. It is thought the build-up may have ignited when an employee switched on a light in the basement of the factory. At the prosecution, the court was told there had been no risk assessment or system in place for inspecting that stretch of pipework, which was originally above ground but had been buried in 1974. After the explosion it was estimated that the cost of replacing the pipework would have been just £405.
Some of the survivors of the blast publicly expressed the view that an inquiry was unnecessary, since ICL had already admitted to breaches of health and safety legislation. However, an inquiry is not concerned with determining any civil or criminal liability, and as Chairman to the Inquiry, Lord Gill said, “It is not at all clear that everything came out at the prosecution…prosecutors were concerned with statutory offences to which the companies pled guilty…all the prosecution was concerned with were the facts relating to the commission of those offences.”
The Inquiry was the first joint public inquiry under the Inquiries Act 2005. The issues raised by the incident involved both matters reserved to Westminster (i.e. health and safety), and matters devolved to the Scottish Parliament. Therefore due to the focus on health and safety issues relating to the supply, management and use of LPG, the Inquiry was established by both the Scottish Ministers and the Secretary of State for Work and Pensions (DWP). The purpose of the Inquiry was to establish the circumstances which led up to the explosion, to consider the lessons to be learned, and to make recommendations in order to prevent, so far as possible, such an incident ever happening in the future.
The first part of the hearing focused on the causes of the incident, and around fifty-five witnesses gave evidence in this regard. The second stage, which began in October 2008, examined the lessons to be learned from the disaster, and involved input from various consultants and experts. Following the conclusion of evidence, Counsel issued their closing statement to the Inquiry. The statement stipulated a number of issues to be resolved in respect of findings of fact, and also issues to be resolved regarding the extent to which the recommendations put forward by expert witness, Rod Sylvester-Evans, should be adopted. Recommendations were made relating to the introduction of a strategy to replace all buried LPG pipework, in relation to safety dossiers, the provision of more detailed guidance in how to fulfil statutory duties, the improvement of communication between LPG suppliers and users, and the collation of data regarding LPG incidents – all of these recommendations were agreed. There is little disagreement regarding the remainder of Mr Sylvester-Evans’ recommendations, however some outstanding issues require to be addressed by the Chairman in his final report. Lord Gill is currently in the process of drafting his report but has not given an indication as to timescale for completion. Once he has completed his report it will be delivered to the Scottish Ministers and the Ministers at the DWP.
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