New FAI bill will allow investigation of Scottish deaths abroad

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill will set out practical measures for a system which is “effective, efficient and fair” said the Scottish government.

It will allow for discretionary FAIs into the deaths of Scots abroad where the body is repatriated to Scotland.

In these cases, the lord advocate must still consider that the death abroad has not been sufficiently established in any investigation already carried out and there must be a real prospect that the full circumstances would be established at an inquiry.

The proposals implement the remaining recommendations of Lord Cullen’s 2009 Review of Fatal Accident Inquiry Legislation to help modernise the way FAIs are handled in Scotland.

Lord Cullen (pictured) made 36 recommendations, some of these were the responsibility of the Crown Office and Procurator Fiscal Service (COPFS).

These have been implemented through the formation of the Scottish Fatalities Investigation Unit, however this bill will build on these changes and give further consideration to other areas.

In 2009, Blair Jordan died when he fell to his death aboard the tankerBritish Pioneer off the coast of Japan and died either on the ship or in a Japanese helicopter taking him to the mainland.

No one saw him fall so there is no clue as to why he fell 100 feet down the pump room into a machinery space.

Despite six years of searching for answers, his parents Mr and Mrs Beveridge still believe they do not have the full picture of how Blair died as no independent investigation was ever carried out.

Blair’s mother, Caroline Beveridge, said: “My only son Blair lost his life in the South China Sea when he was just 17 years old on his first trip as a deck cadet officer.

“He had been at sea for only three weeks when he died on board the British Pioneer Oil tanker which was operated by BP.

“Two reports were written, one by the company and the other by the Isle of Man government, however both investigating teams conducted their enquiries on board the vessel together and at the same time.

“No recommendations were given to improve safety procedures and neither report was clear about how the accident happened.

“The post mortem was written in Japanese which compounded the confusion even further.

“The option of a fatal accident inquiry was not available at the time in Scotland, which we believe would have given us the information we sought about Blair’s death.

“That is why my husband and I are delighted at the introduction of this new bill into the Scottish parliament as it will now allow for inquiries to provide the transparency many people seek as they struggle for answers after the loss of a loved one abroad.”

James Wolffe QC, dean of the Faculty of Advocates, said: “I welcome the publication of this bill, which will modernise and update the legal structures within which fatal accident inquiries are undertaken.

“Fatal accident inquiries are an important part of our judicial system. They secure an independent and public inquiry into the circumstances of a death.

“The bill largely implements recommendations made by Lord Cullen in his review of the fatal accident inquiry legislation.

“The Faculty will look in detail at the provisions in the Bill with a view to submitting evidence to the Parliament in due course.”

Community safety and legal affairs secretary Paul Wheelhouse added: “Fatal Accident Inquiry legislation needs to be brought into the 21st century and this bill will undoubtedly improve the FAI process in this country.

“While the decision on whether to hold a Fatal Accident Inquiry rests with the Lord Advocate, our bill means that other families might not have to go through the same agonising struggle for answers regarding the circumstances surrounding the death of their child.

“The fact that those who receive recommendations from Sheriffs will now have a statutory requirement to report back also means the process will be much more robust, accountable and efficient.”