Memorandum by the Secretary of State for
Defence
Immediately after Chinook ZD576 crashed on the
Mull of Kintyre on 2 June 1994, a RAF Board of Inquiry was convened
in accordance with standard procedures, to examine the evidence
and determine the cause of the accident. A thorough investigation
followed, carried out by an expert RAF team, assisted by civilian
specialists from the Air Accidents Investigation Branch and manufacturers
of the aircraft and its systems.
No evidence of any technical malfunction was
found. After due consideration of all the circumstances, the investigating
board determined that the pilots had continued to fly their aircraft
towards the Mull, below a safe altitude, in unsuitable weather
conditions which they had been warned to expect. This was contrary
to the basic rules of airmanship and the reviewing officers, an
integral part of the Board of Inquiry process, concluded that
in allowing the aircraft to do this, the pilots had not exercised
the skill, care or judgement they were known to possess. They
were therefore held to be grossly negligent.
The Board of Inquiry process in this case took
a year to complete. Ministers were then fully briefed, and approval
was given to the release of the RAF Board of Inquiry report by
the then Secretary of State for Defence.
Some six months later the Fatal Accident Inquiry
began before Sheriff Sir Stephen Young. Detailed evidence was
taken from a number of witnesses including military personnel
during which the overall integrity of the aircraft came under
scrutiny. When the Sheriff's determination was published in March
1996, he was not able to determine positively the cause of the
accident. As I understand it, the issue of negligence or otherwise
of the pilots was not (as the Sheriff himself noted) a matter
for that Inquiry.
Lord Chalfont, leader of the Mull of Kintyre
Group, first raised the issue of the findings of the Board of
Inquiry in debate in the House of Lords on 22 May 1997. The current
administration had only recently taken up office, but after detailed
briefing, Ministers were entirely satisfied that the Board of
Inquiry had been properly conducted. They accepted the reviewing
officers' findings. Successive Ministers have been similarly briefed
and all have reached the same conclusions. I refer to the "current
administration", simply to register the point that I am unable
to comment on the basis on which previous Ministers reached their
conclusions since I do not, by convention, have access to their
papers.
This was the first of several such debates.
Members of both Houses have also tabled more than 200 questions
concerning the accident. There has been intense interest in the
media, particularly Channel 4 News and Computer Weekly. Many different
issues have been raised, covering a wide range of topics, from
technical detail about the aircraft's various components to theories
about extreme weather conditions. The Department has examined
in detail every issue raised, but nothing has been found which
undermines the Board of Inquiry finding. Officials have also examined
the papers submitted by Robert Key MP (which were drawn up by
Mr Malcolm Perks and Squadron Leader Burke), Computer Weekly's
report "RAF Justice", the "Macdonald Report"
which was written by three Fellows of the Royal Aeronautical Society
(although the Society did not initiate this work nor adopt it),
and the paper submitted by Lord Chalfont. Again nothing has been
found which has any bearing on the outcome of the RAF Board of
Inquiry.
The Mull of Kintyre accident has been the subject
of two previous Parliamentary Committee inquiries. In 1998 the
House of Commons Defence Committee considered the lessons of the
Chinook crash, taking detailed evidence from the then Armed Forces
Minister, Dr John Reid, and officials about many issues, including
the overall reliability of the aircraft, the Full Authority Digital
Electronic Control (FADEC), the aircraft's engine fuel control
system. The Committee found no compelling evidence to support
claims that the crash of ZD576 pointed to flaws in the design
of the Chinook Mk2 or its components (Defence Committee Fourth
Report Session 1997-98 refers). The Defence Committee also took
evidence about the attribution of blame by Boards of Inquiry.
At the time this had been the subject of a Departmental review,
and the policy recently changed (although not retrospectively)
so Boards of Inquiry no longer attribute blame. This change of
policy was welcomed by the Defence Committee.
The Public Accounts Committee (PAC) also considered
the accident as part of a wider review of the acceptance of military
equipment off contract and into service. It criticised the acceptance
procedures for the Chinook Mk2 helicopter, and it suggested that
the RAF's Board of Inquiry procedures were flawed and failed,
in this case, to meet the necessary standard of proof. But when
examined in detail, the PAC report offered no new evidence that
would undermine the judgement of the Board of Inquiry. The Government's
formal response to the PAC report was set out in the Treasury
minute published on 16 March 2001.
The Government has always made it clear that
if new evidence relating to the accident were to come to light,
it would be examined with care, thoroughness and compassion. In
the absence of any such evidence, there is no basis for further
investigation into the accident.
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