This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/uk-news/2015/dec/07/glasgow-bin-lorry-crash-inquiry-harry-clarke-driver
The article has changed 6 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| Glasgow bin lorry crash: driver lied about health history, inquiry finds | Glasgow bin lorry crash: driver lied about health history, inquiry finds |
| (about 1 hour later) | |
| An inquiry into the Glasgow bin lorry crash that left six people dead and 15 injured has concluded that the driver Harry Clarke repeatedly lied to gain and retain jobs and licences. | An inquiry into the Glasgow bin lorry crash that left six people dead and 15 injured has concluded that the driver Harry Clarke repeatedly lied to gain and retain jobs and licences. |
| Sheriff John Beckett, who conducted the fatal accident inquiry, said Clarke deliberately and systematically concealed nearly 40 years of ill health and lied to doctors about a blackout at the wheel of a bus in April 2010. | Sheriff John Beckett, who conducted the fatal accident inquiry, said Clarke deliberately and systematically concealed nearly 40 years of ill health and lied to doctors about a blackout at the wheel of a bus in April 2010. |
| Effectively blaming Clarke for the crash, Beckett said it would have been avoided if Clarke had told the truth about the previous blackout and his health record to doctors working for his employers, FirstBus, and Glasgow city council and the DVLA. | Effectively blaming Clarke for the crash, Beckett said it would have been avoided if Clarke had told the truth about the previous blackout and his health record to doctors working for his employers, FirstBus, and Glasgow city council and the DVLA. |
| In his judgment following his inquiry, Beckett makes 19 recommendations, including stricter checks during medical assessments of drivers of public vehicles; fitting extra emergency brakes in bin lorries and stricter DVLA sanctions for drivers who fail to reveal their full medical history. | In his judgment following his inquiry, Beckett makes 19 recommendations, including stricter checks during medical assessments of drivers of public vehicles; fitting extra emergency brakes in bin lorries and stricter DVLA sanctions for drivers who fail to reveal their full medical history. |
| Clarke’s lorry careered out of control in central Glasgow on 22 December last year, killing John and Lorraine Sweeney, Erin McQuade, Stephenie Tait, Gillian Ewing and Jacqueline Morton, after Clarke experienced “an episode of neurocardiogenic syncope”. Two panicking crewmen behind him were unable to stop the vehicle. | Clarke’s lorry careered out of control in central Glasgow on 22 December last year, killing John and Lorraine Sweeney, Erin McQuade, Stephenie Tait, Gillian Ewing and Jacqueline Morton, after Clarke experienced “an episode of neurocardiogenic syncope”. Two panicking crewmen behind him were unable to stop the vehicle. |
| Clarke resigned as a bin lorry driver in October just before a disciplinary hearing by Glasgow council. | Clarke resigned as a bin lorry driver in October just before a disciplinary hearing by Glasgow council. |
| In a detailed and damning judgment, Beckett directly accuses Clarke of lying to three doctors who examined him after his blackout at the wheel of a bus. As a result, none of those doctors told him to report his full health history to the DVLA, as they could have done if they had had the full facts. | In a detailed and damning judgment, Beckett directly accuses Clarke of lying to three doctors who examined him after his blackout at the wheel of a bus. As a result, none of those doctors told him to report his full health history to the DVLA, as they could have done if they had had the full facts. |
| “Mr Clarke deceived all three doctors in the hope that he would be able to return to work sooner rather than later so that he would not lose his job … None of the doctors who saw Mr Clarke advised him to notify DVLA of this event and he did not do so,” Beckett said. | “Mr Clarke deceived all three doctors in the hope that he would be able to return to work sooner rather than later so that he would not lose his job … None of the doctors who saw Mr Clarke advised him to notify DVLA of this event and he did not do so,” Beckett said. |
| He added: “It may well be that the single most useful outcome of this inquiry would be to raise awareness of the dangers involved in driving if subject to a medical condition which could cause the driver to lose control of a vehicle.” | He added: “It may well be that the single most useful outcome of this inquiry would be to raise awareness of the dangers involved in driving if subject to a medical condition which could cause the driver to lose control of a vehicle.” |
| Beckett said Clarke was responsible for repeatedly failing to admit the truth – to himself, his doctors, the DVLA and his employers. In turn, his dishonesty meant there were eight interlinked precautions that could have been taken but were not to prevent the crash. | |
| Even without making official disclosures to those doctors and the DVLA, Beckett said Clarke could have privately concluded he was unfit to be a driver and not applied to be a minibus driver and then a bin lorry driver for Glasgow council. | Even without making official disclosures to those doctors and the DVLA, Beckett said Clarke could have privately concluded he was unfit to be a driver and not applied to be a minibus driver and then a bin lorry driver for Glasgow council. |
| The sheriff said Clarke could have voluntarily “refrained from continuing to drive buses and to have refrained from seeking further employment as a group 2 driver in the absence of his having told the truth to doctors”. | The sheriff said Clarke could have voluntarily “refrained from continuing to drive buses and to have refrained from seeking further employment as a group 2 driver in the absence of his having told the truth to doctors”. |
| Had he decided to be fully candid, there were several other steps that could have been taken by the doctors or by Glasgow council and FirstBus if they had known the truth about his blackout and medical history. Their advice to Clarke and his employers would have been different. | Had he decided to be fully candid, there were several other steps that could have been taken by the doctors or by Glasgow council and FirstBus if they had known the truth about his blackout and medical history. Their advice to Clarke and his employers would have been different. |
| The sheriff also raised concerns about apparent weaknesses in the law for drivers who failed to tell the DVLA about health problems or medical histories that could affect their ability to drive. It was a self-reporting regime that was open to abuse, he suggested. | The sheriff also raised concerns about apparent weaknesses in the law for drivers who failed to tell the DVLA about health problems or medical histories that could affect their ability to drive. It was a self-reporting regime that was open to abuse, he suggested. |
| Relatives of the six people killed were furious after the Crown Office repeatedly insisted that it could not prosecute Clarke for dangerous driving or failing to notify the DVLA of his past blackouts because he had no way of knowing he would faint that day. | Relatives of the six people killed were furious after the Crown Office repeatedly insisted that it could not prosecute Clarke for dangerous driving or failing to notify the DVLA of his past blackouts because he had no way of knowing he would faint that day. |
| With one family now preparing to mount a private prosecution against Clarke early in the new year, it emerged during the inquiry that there had been several other cases where drivers with health problems were not prosecuted for motoring accidents, including one fatality, on the same grounds. | With one family now preparing to mount a private prosecution against Clarke early in the new year, it emerged during the inquiry that there had been several other cases where drivers with health problems were not prosecuted for motoring accidents, including one fatality, on the same grounds. |
| The Crown Office said the sheriff had effectively cleared it of any blame for failing to prosecute Clarke for the crash. He had made no findings “that undermine the decisions not to prosecute the driver”, it said. | |
| Implying that the burden of improving the system lay with the UK government, it said the solicitor general, Lesley Brown, had written to the transport secretary, Patrick McLoughlin, asking him to address weaknesses in the DVLA self-reporting system. | |
| Ignoring Beckett’s findings that Clarke kept his doctors in the dark about his health, the Crown Office said Clarke could not have known that his medical history meant he was potential threat behind the wheel because no doctor had told him that. | |
| In a potential warning to the relatives seeking a private prosecution, it again insisted there was insufficient evidence in criminal law to charge Clarke and said the sheriff’s damning judgment about Clarke’s motives for lying was based largely on the lower standards of proof in a fatal accident inquiry. | |
| It said: “It is important to note the sheriff was considering evidence at an FAI where a lesser standard of proof is required and where more relaxed rules of evidence apply. A criminal prosecution requires sufficient evidence to the much higher standard beyond reasonable doubt.” | |
| Among his 19 recommendations for improvements – many targeting the DVLA, Beckett said the DVLA, the Crown Office and the Crown Prosecution Service in London should review their policies to ensure they do not prevent or discourage prosecutions under the Road Traffic Act 1988. | Among his 19 recommendations for improvements – many targeting the DVLA, Beckett said the DVLA, the Crown Office and the Crown Prosecution Service in London should review their policies to ensure they do not prevent or discourage prosecutions under the Road Traffic Act 1988. |
| The transport secretary should consult with the General Medical Council about whether doctors should be obliged or given more freedom to alert the DVLA about any concerns over a patient’s fitness to drive. | |
| The DVLA was urged to review procedures for notifying it of possible driver impairments, and to tighten up on the quality and thoroughness of its guidance to doctors on what to look for and report about a driver’s prior health and fitness. It should allow the police to flag concerns about a driver’s fitness, Beckett said. The DVLA said it was closely studying the commendations. | The DVLA was urged to review procedures for notifying it of possible driver impairments, and to tighten up on the quality and thoroughness of its guidance to doctors on what to look for and report about a driver’s prior health and fitness. It should allow the police to flag concerns about a driver’s fitness, Beckett said. The DVLA said it was closely studying the commendations. |
| Commending relatives of those killed in the incident for their composure during hearings this year, Beckett concluded: “The whole country was deeply shocked by what happened on 22 December 2014, but for the families of six people who died, the consequences extend beyond shock to the pain of permanent loss. | Commending relatives of those killed in the incident for their composure during hearings this year, Beckett concluded: “The whole country was deeply shocked by what happened on 22 December 2014, but for the families of six people who died, the consequences extend beyond shock to the pain of permanent loss. |
| “[It] cannot have been easy to listen to the evidence, but many relatives of those who died steadfastly attended the inquiry demonstrating their love, loyalty and commitment for those they have lost.” | “[It] cannot have been easy to listen to the evidence, but many relatives of those who died steadfastly attended the inquiry demonstrating their love, loyalty and commitment for those they have lost.” |