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/2016/mar/02/mod-to-be-censured-over-sas-brecon-beacons-deaths

The article has changed 6 times. There is an RSS feed of changes available.

Version 3 Version 4
MoD to be censured over SAS Brecon Beacons deaths MoD to be censured over SAS Brecon Beacons deaths
(35 minutes later)
The Ministry of Defence has been given the maximum sanction possible over the deaths of three SAS recruits who suffered heat illness during a training exercise in Wales.The Ministry of Defence has been given the maximum sanction possible over the deaths of three SAS recruits who suffered heat illness during a training exercise in Wales.
It escaped prosecution by the Health and Safety Executive following the deaths of reservists Cpl James Dunsby and L/Cpls Edward Maher and Craig Roberts only because it has crown immunity.It escaped prosecution by the Health and Safety Executive following the deaths of reservists Cpl James Dunsby and L/Cpls Edward Maher and Craig Roberts only because it has crown immunity.
Instead MoD has been issued with a so-called “crown censure”, an official record of a failing to meet the standards set out in law. Instead the MoD has been issued with a so-called “crown censure”, an official record of a failing to meet the standards set out in law.
It is understood that the HSE looked in detail at the actions of key individuals involved in the exercise in the Brecon Beacons but felt it could not take action against them as their mistakes were deemed unavoidable because the MoD did not provide them with sufficient information instruction or training to make the right decision. It is understood that the HSE looked in detail at the actions of key individuals involved in the exercise in the Brecon Beacons but felt it could not take action against them as their mistakes were deemed unavoidable because the MoD did not provide them with sufficient information, instruction or training to make the right decision.
The Royal Military police is continuing to investigate the tragedy, opening up the possibility that individuals could still be brought before a court.The Royal Military police is continuing to investigate the tragedy, opening up the possibility that individuals could still be brought before a court.
Following an inquest on the men, who all died after collapsing on or near Pen-y-Fan, the highest mountain in southern Britain and setting for the notorious Fan Dance exercise, some of their relatives said they had been let down by the military and the government. That the MoD has escaped with a censure will anger them. Following an inquest on the men – who all died after collapsing on or near Pen-y-Fan, the highest mountain in southern Britain and the setting for the notorious Fan Dance exercise, some of their relatives said they had been let down by the military and the government. That the MoD has escaped with a censure will no doubt anger them.
Dunsby’s father David said he felt the censure was a “slap on the wrist.” He said: “We know what happened shouldn’t have happened. Who was to blame? To me it was the establishment – half a dozen men who sit around a table in Whitehall. Not the people who were in charge on the day. Any prosecutions should be of people at a higher level. The system let them down.” Dunsby’s father, David, said he felt the censure was a “slap on the wrist”. He said: “We know what happened shouldn’t have happened. Who was to blame? To me it was the establishment – half a dozen men who sit around a table in Whitehall. Not the people who were in charge on the day. Any prosecutions should be of people at a higher level. The system let them down.”
Dunsby said his son and the others who died were competent and experienced. He said that the regular SAS were involved in an exercise on the other side of the mountain at the time. “They had casualties but everything was in place for them – water, proper medics. My son collapsed when he was 300m from a road. That is not acceptable.”Dunsby said his son and the others who died were competent and experienced. He said that the regular SAS were involved in an exercise on the other side of the mountain at the time. “They had casualties but everything was in place for them – water, proper medics. My son collapsed when he was 300m from a road. That is not acceptable.”
Clare Stevens, a solicitor who represented Dunsby’s father, David, said: “My view is that crown censures are a half measure. It’s good that the failings of the MoD have been recognised but crown immunity means they are not completely accountable. The crown immunity the MoD has from prosecution should be waived. We have heard many times from the MoD that this sort of thing will not happen again but it does.” Clare Stevens, a solicitor who represented Dunsby’s father, said: “My view is that crown censures are a half measure. It’s good that the failings of the MoD have been recognised but crown immunity means they are not completely accountable. The crown immunity the MoD has from prosecution should be waived. We have heard many times from the MoD that this sort of thing will not happen again but it does.”
At the inquest in Solihull, West Midlands, last year coroner Louise Hunt concluded that a catalogue of errors were made by those who organised the march in the summer of 2013 and said the emergency response to it was “chaotic”. At the inquest in Solihull last year coroner Louise Hunt concluded that a catalogue of errors were made by those who organised the march in the summer of 2013 and said the emergency response to it was “chaotic”.
She wrote to the MoD flagging up a dozen lessons that she believes need to be learnt to stop such a tragedy happening again and said she was concerned that even two years after the men’s deaths safety equipment that failed then still appeared to be not up to scratch. She also said the MoD had yet to get to grips with dealing with heat illness. She wrote to the MoD flagging up a dozen lessons she believed needed to be learnt to stop such a tragedy happening again and said she was concerned that even two years after the men’s deaths, safety equipment that had failed then still appeared not up to scratch. She also said the MoD had yet to get to grips with dealing with heat illness.
Relatives expressed deep shock at what they had heard.Relatives expressed deep shock at what they had heard.
Dunsby’s widow, Bryher, said her late husband had loved the army but added he would have been hugely disappointed at the MoD. She said: “They [the MoD] displayed no responsibility, no accountability, and no humility for their role in creating the culture which lead to the events on the 13 July 2013.” Dunsby’s widow, Bryher, said her late husband had loved the army but added he would have been hugely disappointed at the MoD. She said: “They [the MoD] displayed no responsibility, no accountability and no humility for their role in creating the culture which lead to the events on the 13 July 2013.”
On Wednesday the HSE said its investigation found a “failure to plan, assess, and manage risks associated with climatic illness during the training”. It said these failings resulted in the deaths of the three men and heat illness suffered by 10 others on the march.On Wednesday the HSE said its investigation found a “failure to plan, assess, and manage risks associated with climatic illness during the training”. It said these failings resulted in the deaths of the three men and heat illness suffered by 10 others on the march.
In statement it continued: “Despite its crown status, the MoD is not exempt from its responsibilities as an employer to reduce the risks to its employees as far as reasonably practicable. But for crown immunity, the MoD would have faced prosecution for the failings identified.”In statement it continued: “Despite its crown status, the MoD is not exempt from its responsibilities as an employer to reduce the risks to its employees as far as reasonably practicable. But for crown immunity, the MoD would have faced prosecution for the failings identified.”
Neil Craig, HSE head of operations, said: “Specialist military units rightly need to test rigorously the fitness and resilience of potential candidates. Health and safety is not about stopping people from doing dangerous work or being properly prepared for military duties. Military training is inherently hazardous. However, such testing needs to be managed effectively. The MoD has a duty to manage the risks during training exercises. It failed to do so on this occasion. Neil Craig, HSE’s head of operations, said: “Specialist military units rightly need to test rigorously the fitness and resilience of potential candidates. Health and safety is not about stopping people from doing dangerous work or being properly prepared for military duties. Military training is inherently hazardous. However, such testing needs to be managed effectively. The MoD has a duty to manage the risks during training exercises. It failed to do so on this occasion.
Related: How three army reservists died on an SAS march - visual guideRelated: How three army reservists died on an SAS march - visual guide
“Since the incident HSE has worked closely with the MoD to ensure it has learned lessons on how it can reduce the risk of similar tragedies occurring in future without compromising or changing the arduous nature of the essential training and testing they need to provide.”“Since the incident HSE has worked closely with the MoD to ensure it has learned lessons on how it can reduce the risk of similar tragedies occurring in future without compromising or changing the arduous nature of the essential training and testing they need to provide.”
Karl Turner, the shadow attorney general, said: “There was clearly a total disregard for the safety of the soldiers on this training exercise, and the MoD must be held accountable.
“A crown censure in this case may expose the MoD’s wrongdoing but it does nothing to punish the reckless behaviour which cost these three young men their lives, or prevent it happening again.
“We need to look at whether vicarious liability laws should apply in cases like this, and we have to ensure that no more brave soldiers die as a result of what is essentially corporate negligence on the MoD’s part.”
The breach of law the censure is being issued over is Section 2(1) of the Health and Safety at Work Act 1974, which states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”The breach of law the censure is being issued over is Section 2(1) of the Health and Safety at Work Act 1974, which states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
A crown censure is the maximum sanction for a government body that HSE can bring. There is no financial penalty associated with the censure, but once accepted is an official record of a failing to meet the standards set out in law. The crown censure will be officially handed down by the HSE to the MoD at a formal meeting.A crown censure is the maximum sanction for a government body that HSE can bring. There is no financial penalty associated with the censure, but once accepted is an official record of a failing to meet the standards set out in law. The crown censure will be officially handed down by the HSE to the MoD at a formal meeting.
A Ministry of Defence spokesman said: “The MoD acknowledges this censure and has apologised for the failures identified by the coroner and the Health and Safety Executive.A Ministry of Defence spokesman said: “The MoD acknowledges this censure and has apologised for the failures identified by the coroner and the Health and Safety Executive.
“We have made several improvements to reduce the risks on such exercises, and the Defence Safety Authority is conducting a service inquiry to identify any further lessons to prevent a recurrence of this tragedy.”“We have made several improvements to reduce the risks on such exercises, and the Defence Safety Authority is conducting a service inquiry to identify any further lessons to prevent a recurrence of this tragedy.”