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Glasgow bin lorry crash: No DVLA prosecution of driver Glasgow bin lorry crash: No DVLA prosecution of driver
(about 1 hour later)
The DVLA has said it will not seek to prosecute the driver of the bin lorry that killed six people when it crashed in the centre of Glasgow. The Glasgow bin lorry crash inquiry has heard that the Driver and Vehicle Licensing Agency (DVLA) will not seek to prosecute the driver, Harry Clarke.
The agency's chief medical advisor had told the inquiry into the tragedy that it could prosecute driver Harry Clarke in England or Wales. The inquiry, into the deaths of six people, has heard that Mr Clarke lied on health assessments and to the DVLA about a blackout incident in 2010.
But its lawyer has now confirmed that a prosecution has been ruled out. Scottish prosecutors ruled out action but the DVLA left the possibility open.
The Crown Office has already said it will not bring criminal charges against Mr Clarke in Scotland. Dr Wyn Parry, chief medical adviser to the DVLA, has now told the inquiry the agency will not prosecute Mr Clarke.
The families of those who died are said to be considering seeking to bring a private prosecution of Mr Clarke. The inquiry has already heard that Mr Clarke, 58, was unconscious during the crash.
The inquiry has heard that Mr Clarke, 58, who was unconscious during the crash, had lied about a previous blackout in health assessment forms when applying for an HGV licence from the Driver and Vehicle Licensing Agency (DVLA), which is based in Swansea. Alleged lies
It has also heard that he lied about a previous blackout in 2010, while employed as a bus driver, in health assessment forms when he applied for a LGV licence from the Swansea-based DVLA.
He was also said to have lied about his medical history when applying for a job as a driver with Glasgow City Council.He was also said to have lied about his medical history when applying for a job as a driver with Glasgow City Council.
On Wednesday, Dr Parry told the inquiry, at Glasgow Sheriff Court, that a prosecution of Mr Clarke in England and Wales over alleged non-disclosure of health matters related to his LGV licence was "under consideration."
During his second day of evidence he said that the DVLA would not pursue charges and would respect the decision of the Crown Office in Scotland not to prosecute.
Lawyers for families of the six victims have still to clarify whether they will pursue a private prosecution against Mr Clarke.
Earlier, Dr Parry told the inquiry that the DVLA system, relating to the self-declaration and discovery of relevant health issues among drivers, had a "weakness".
He said it exposed applicants "to a huge level of temptation".
The inquiry has previously heard that applicants for a LGV licence can choose to go to their own GP or to an occupational health doctor appointed by the company they work for.
Medical records
During this process, an applicant's medical records are not usually available to an occupational health doctor.
Dr Parry agreed one solution would be for applicants to be required to give permission for their medical records to be made available to examining doctors.
He said another potential solution would be for the occupational health doctor doing the medical to check with the applicant's GP.
The witness said that the current system could be looked at again.
The FAI has been looking at the circumstances which led to the bin lorry veering out of control on Queen Street on 22 December last year.
The vehicle killed six people and injured 15 others before crashing into the Millennium Hotel in George Square.
The inquiry continues.