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| Family condemns refusal to change law after SAS march deaths | Family condemns refusal to change law after SAS march deaths |
| (about 2 months later) | |
| The family of one of three men who died after collapsing during an SAS selection course in the Brecon Beacons has warned that the government’s refusal to reform the law on corporate manslaughter puts more lives at risk. | The family of one of three men who died after collapsing during an SAS selection course in the Brecon Beacons has warned that the government’s refusal to reform the law on corporate manslaughter puts more lives at risk. |
| Members of the defence committee had called for the military exemptions that prevent the Ministry of Defence facing prosecution over such tragedies to be scrapped, but the government insisted the current system was sufficient. | Members of the defence committee had called for the military exemptions that prevent the Ministry of Defence facing prosecution over such tragedies to be scrapped, but the government insisted the current system was sufficient. |
| Speaking in public for the first time since their son died in July 2013 after suffering heat illness, the parents of L/Cpl Edward Maher, Marie and Eddy, expressed their anger at the government’s response. | Speaking in public for the first time since their son died in July 2013 after suffering heat illness, the parents of L/Cpl Edward Maher, Marie and Eddy, expressed their anger at the government’s response. |
| They told the Guardian: “Whenever soldiers are killed, the MoD is quick to reassure us that for them ‘every death is a tragedy’. But given their response to the select committee report these are, yet again, hollow words. | They told the Guardian: “Whenever soldiers are killed, the MoD is quick to reassure us that for them ‘every death is a tragedy’. But given their response to the select committee report these are, yet again, hollow words. |
| “They believe that they should be immune from prosecution. They argue that specialist units who cause the death of men on selection courses should remain beyond the law. But if there are no controls … why should they change?” | “They believe that they should be immune from prosecution. They argue that specialist units who cause the death of men on selection courses should remain beyond the law. But if there are no controls … why should they change?” |
| Maher’s family believe the MoD has deliberately blurred the distinction between selection and training to support its argument that changing the law would make operations more difficult and is hiding behind the need for secrecy around specialist military units such as the SAS. | Maher’s family believe the MoD has deliberately blurred the distinction between selection and training to support its argument that changing the law would make operations more difficult and is hiding behind the need for secrecy around specialist military units such as the SAS. |
| They said: “The MoD has rejected the opportunities offered by this report to prevent soldiers from dying. It is only a matter of time before we will see further deaths during SAS selection exercises. But, with the special forces’ obsession with secrecy, we may well never hear about them.” | They said: “The MoD has rejected the opportunities offered by this report to prevent soldiers from dying. It is only a matter of time before we will see further deaths during SAS selection exercises. But, with the special forces’ obsession with secrecy, we may well never hear about them.” |
| Maher, Cpl James Dunsby and L/Cpl Craig Roberts died after collapsing on a searingly hot summer’s day on and around Pen y Fan, the highest mountain in southern Britain and setting for the notorious “Fan Dance” march. | Maher, Cpl James Dunsby and L/Cpl Craig Roberts died after collapsing on a searingly hot summer’s day on and around Pen y Fan, the highest mountain in southern Britain and setting for the notorious “Fan Dance” march. |
| The MoD was given the maximum sanction possible – a so-called “crown censure” over the incident – an official record of a failing to meet the standards set out in law. It escaped prosecution by the Health and Safety Executive (HSE) after the deaths only because it has crown immunity. | The MoD was given the maximum sanction possible – a so-called “crown censure” over the incident – an official record of a failing to meet the standards set out in law. It escaped prosecution by the Health and Safety Executive (HSE) after the deaths only because it has crown immunity. |
| Members of the influential defence committee looked into the tragedy and prepared a report, Beyond Endurance? Military Exercises and the Duty of Care, which was published in April. It included the key proposal that the way be cleared for the MoD to be prosecuted for corporate manslaughter. | Members of the influential defence committee looked into the tragedy and prepared a report, Beyond Endurance? Military Exercises and the Duty of Care, which was published in April. It included the key proposal that the way be cleared for the MoD to be prosecuted for corporate manslaughter. |
| In its response, published on Sunday, the government rejected the idea, arguing military training is “inherently hazardous”. | In its response, published on Sunday, the government rejected the idea, arguing military training is “inherently hazardous”. |
| It said: “This is especially true where activities involve weapon systems, vehicles or strenuous physical activity. This risk is rendered as low as reasonably practicable … during training by ensuring that its design and delivery are subject to strict safety procedures and rigorous risk analysis. This allows the services to provide realistic and effective training which balances the risk and the need to provide a safe training environment with the provision of effective training to support operational output.” | It said: “This is especially true where activities involve weapon systems, vehicles or strenuous physical activity. This risk is rendered as low as reasonably practicable … during training by ensuring that its design and delivery are subject to strict safety procedures and rigorous risk analysis. This allows the services to provide realistic and effective training which balances the risk and the need to provide a safe training environment with the provision of effective training to support operational output.” |
| The response adds: “The government shares the committee’s view that every death is a tragedy. However, the deaths that have occurred in training need to be considered in the context of the tens of thousands of personnel who have participated in, and completed, training activity over the period in question. The key is ensuring we get the right culture surrounding training safety, including ensuring that policy is applied, trainers are appropriately trained, and the lessons process is robust to ensure we try to prevent such tragedies recurring.” | The response adds: “The government shares the committee’s view that every death is a tragedy. However, the deaths that have occurred in training need to be considered in the context of the tens of thousands of personnel who have participated in, and completed, training activity over the period in question. The key is ensuring we get the right culture surrounding training safety, including ensuring that policy is applied, trainers are appropriately trained, and the lessons process is robust to ensure we try to prevent such tragedies recurring.” |
| It continues: “The MoD observes that the evidence given to the committee by the chief coroner and the HSE’s field operations director indicates that, in their view, existing arrangements in respect of military training fatalities work effectively as a means of ensuring lessons are learned so that, to the extent possible, the same mistakes are not repeated. | It continues: “The MoD observes that the evidence given to the committee by the chief coroner and the HSE’s field operations director indicates that, in their view, existing arrangements in respect of military training fatalities work effectively as a means of ensuring lessons are learned so that, to the extent possible, the same mistakes are not repeated. |
| “The MoD invariably implements any corrective measures identified by the HSE and treats crown censure as a matter of the utmost seriousness. It is not therefore clear how the proposed amendments to the act … would result in any tangible improvement to the safety of military training. | “The MoD invariably implements any corrective measures identified by the HSE and treats crown censure as a matter of the utmost seriousness. It is not therefore clear how the proposed amendments to the act … would result in any tangible improvement to the safety of military training. |
| Madeleine Moon MP, a member of the defence committee, said: “We are disappointed that the government has rejected our modest proposals to reform the military exemptions in the corporate manslaughter and homicide act 2007. We continue to believe that these proposals would have improved accountability in these matters.” | Madeleine Moon MP, a member of the defence committee, said: “We are disappointed that the government has rejected our modest proposals to reform the military exemptions in the corporate manslaughter and homicide act 2007. We continue to believe that these proposals would have improved accountability in these matters.” |