Scotland: Fatal Accident Inquiry

John MacDonald

Reference FAI-JOHN-MACDONALD Published 29 November 2005 Sheriff Sheriff C.S. Mackenzie Sheriffdom Grampian, Highland and Islands Section 28 responses identified 0 8-week deadline 24 January 2006

Recommendations

Recommendations (the sheriff's words)

It seems to me that a similar message, to the effect that one should not go to sea in any work situation until one's body is clear of alcohol - or at least no longer impaired by it, could and should be more strongly and more continuously disseminated amongst the sea-going community until the message really starts to drive home.

There was no evidence led as to the content of these courses but while I imagine that they will include plenty of good advice about not drinking while at sea I would suggest to those who devise them that more or even yet more emphasis is placed on an absolute requirement on seamen or fishermen of not proceeding to sea while there is still the likelihood of their being still impaired from the previous night's drinking - however well they feel, hungover or not - because impairment will often last for far longer than most will imagine.

Whatever else, a positive and speedy conclusion and action by the appropriate authority is needed - even if it should be found that no personal floatation available device is currently suitable, unlikely though that may be.

If a suitable device for constant wear in all working conditions is to be developed (if indeed that has not already been done) it seems to me that all crew members including the skipper should be obliged to wear one whenever on duty or on deck - at least on craft where all members of the crew can be expected to have to appear on deck at a moment's notice.

Some fishermen - particularly those who operate small boats single-handedly - have in recent times been seen more frequently using floatation devices quite regularly - so there may be a wind of change starting to blow amongst those who go down to the sea in small ships - but that is but a start and the trend needs to be encouraged.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.