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Glasgow bin lorry inquiry: Six deaths 'preventable' Glasgow bin lorry inquiry: Six deaths 'preventable'
(about 3 hours later)
The six deaths in the Glasgow bin lorry crash could have been avoided had proper precautions been taken over the driver's health, an inquiry has heard.The six deaths in the Glasgow bin lorry crash could have been avoided had proper precautions been taken over the driver's health, an inquiry has heard.
A lawyer for the family of victim Jacqueline Morton said Harry Clarke, 58, was medically unfit to drive.A lawyer for the family of victim Jacqueline Morton said Harry Clarke, 58, was medically unfit to drive.
Dana Forbes said Mr Clarke should have disclosed his history of blackouts.Dana Forbes said Mr Clarke should have disclosed his history of blackouts.
She also said that better checks from doctors, and Mr Clarke's current and past employers, could have shown he was unfit to drive a bin lorry.She also said that better checks from doctors, and Mr Clarke's current and past employers, could have shown he was unfit to drive a bin lorry.
The fatal accident inquiry (FAI), which is drawing to a close at Glasgow Sheriff Court, is looking at the health of Mr Clarke, the bin lorry and its route.The fatal accident inquiry (FAI), which is drawing to a close at Glasgow Sheriff Court, is looking at the health of Mr Clarke, the bin lorry and its route.
Previous blackoutsPrevious blackouts
It has already heard that Mr Clarke was unconscious at the wheel when the Glasgow City Council bin lorry veered out of control in Queen Street on 22 December last year.It has already heard that Mr Clarke was unconscious at the wheel when the Glasgow City Council bin lorry veered out of control in Queen Street on 22 December last year.
Before it crashed into the side of the Millennium Hotel in George Square, the lorry had killed six people and injured 15 others.Before it crashed into the side of the Millennium Hotel in George Square, the lorry had killed six people and injured 15 others.
The FAI has heard that Mr Clarke had suffered blackouts before - one of which was at the wheel of a bus in 2010.The FAI has heard that Mr Clarke had suffered blackouts before - one of which was at the wheel of a bus in 2010.
He did not fully disclose this incident to his own doctors, the Driver and Vehicle Licensing Agency (DVLA) or on application forms or medical declarations for council jobs.He did not fully disclose this incident to his own doctors, the Driver and Vehicle Licensing Agency (DVLA) or on application forms or medical declarations for council jobs.
In her closing submission on Wednesday, Ms Forbes, who is standing in for Dorothy Bain QC, said the overarching question of inquiry was: "Why was Mr Clarke driving the bin lorry for the council on the day of the crash?" All represented parties are making closing submissions to the inquiry in a bid to raise issues they feel should be highlighted in Sheriff John Beckett's report.
In her closing submission on Wednesday, Ms Forbes, who is standing in for Dorothy Bain QC, said the overarching question of the inquiry was: "Why was Mr Clarke driving the bin lorry for the council on the day of the crash?"
She said he was unfit to hold an LGV licence as he had suffered from fainting episodes.She said he was unfit to hold an LGV licence as he had suffered from fainting episodes.
The advocate said Mr Clarke could have prevented the deaths himself by disclosing his medical history at various points, or by following DVLA guidelines.The advocate said Mr Clarke could have prevented the deaths himself by disclosing his medical history at various points, or by following DVLA guidelines.
She also said that if Mr Clarke's blackout at the wheel of a bus in April 2010 had been handled differently by doctors, the crash also may have been prevented. 'Deliberately lied'
Ms Forbes said Dr Kenneth Lyons, the medical advisor to First Bus, could have taken more precautions, as could Mr Clarke's GP Dr John Langan. She said he had "persistently and deliberately lied" about his health, even after the crash and shown beforehand "reckless indifference" and a "complete disregard for public safety".
Ms Forbes said that if Mr Clarke's blackout at the wheel of a bus in April 2010 had been handled differently by doctors, the crash also may have been prevented.
She said Dr Kenneth Lyons, the medical adviser to First Bus, could have taken more precautions, as could Mr Clarke's GP Dr John Langan.
She also said a difference could have been made had First Bus provided an accurate reference to Glasgow City Council over Mr Clarke's health and sickness record.She also said a difference could have been made had First Bus provided an accurate reference to Glasgow City Council over Mr Clarke's health and sickness record.
The advocate further said that Glasgow City Council could have implemented an "adequate system of recruitment" for "safety critical roles" such as a bin lorry driver.The advocate further said that Glasgow City Council could have implemented an "adequate system of recruitment" for "safety critical roles" such as a bin lorry driver.
Finishing her statement, Ms Forbes said: "It is submitted the decision not to bring a prosecution against Mr Clarke is the wrong decision and has resulted in the impact of the death of Jacqueline Morton being all the more difficult for her family.
"Where there has been a breach of criminal law by an individual, and it is in the public interest to prosecute, the Crown should bring criminal proceedings."
The FAI also heard a closing submission from Ronald Conway, the lawyer for the bereaved Tait family.
DVLA 'complacency'
He said that more stringent approaches by Dr Lyons and Dr Langan, after Mr Clarke's 2010 blackout, could have "unravelled" his "deception" over this incident.
The lawyer also asserted that the current system for approving licences for driving lorries was "not fit for purpose" and it would be an improvement to include access to GP records.
He described the pace of change at the DVLA as "glacial" and said the inquiry report could call for urgent consultation and expose "complacency".
Mr Conway said it was "simply baffling" that the DVLA had given Mr Clarke his licences back earlier this year, just months after the bin lorry crash, with no medical examination or cross-checking of his medical records.
He said this showed the weakness of system.
The lawyer concluded his submission by stating: "The system is failing the public on a truly disturbing scale."
The inquiry continues.The inquiry continues.