JOHN PRESCOTT PUBLISHES MARCHIONESS REPORT

23 Mar 2001 12:00 AM

Deputy Prime Minister John Prescott today published Lord Justice Clarke''s report into the Marchioness tragedy of August 1989 and his non-statutory report into the identification of the victims.

In his formal Investigation, Lord Justice Clarke found that the masters, owners and managers of both vessels involved in the collision, the dredger Bowbelle and the riverboat Marchioness, were responsible for the accident. He has also found that Capt Henderson of the Bowbelle failed to render assistance to those in the water.

Speaking today, Mr Prescott said:

''Having considered legal arguments advanced during the Investigation, including Captain Henderson''s entitlement to have his civil rights determined within a reasonable time, Lord Justice Clarke did not take disciplinary action against Captain Henderson. This is a shameful consequence of the failure to hold a Formal Investigation following the disaster. Neither has Lord Justice Clarke recommended that action should be taken against any other party found responsible for the accident.

''The preliminary advice that I have received is that there is little prospect of a successful prosecution of Captain Henderson. However, I am referring the entire Formal Investigation Report to the Director of Public Prosecutions for him to consider whether action would be appropriate against Captain Henderson or any other party.

''I have also asked the Maritime and Coastguard Agency to undertake an urgent review of Captain Henderson''s fitness to hold a British Masters Certificate of Competency under the Merchant Shipping Acts.''

The Investigation also criticises the Port of London Authority and the former Department of Transport. Mr Prescott said:

''The Department failed to apply its policy that all pleasure craft on the Thames should have all-round visibility from the bridge and did not give adequate thought to means of escape when the Marchioness was converted in 1980. The Department also failed to ensure that a condition was imposed each time the Marchioness passenger certificate was renewed requiring an extra lookout.

''As Secretary of State I apologise unreservedly for these past failings by the Department, especially to the relatives.''

Lord Justice Clarke finds that, after the accident, the removal of hands for identification purposes should not have happened, except as a last resort. The responsibility for authorising the removal of hands, said Lord Justice Clarke, lay entirely with Dr Knapman, the coroner, who is criticised for failing to make it clear that this was to be an action only of last resort. Mr Prescott said that the Government is acting on Lord Justice Clarke''s recommendations: ''Lord Justice Clarke stressed the importance of respecting the dead and their relatives and of working with sensitivity throughout, of ensuring that full, honest and accurate information is given to the relatives at every stage, and of respecting the request of a relative to view the body.

''The Secretary of State for Health has agreed that the review of the Human Tissue Act following the Alder Hey inquiry report will be widened to cover Lord Justice Clarke''s recommendations.

''The Home Secretary is today announcing the Terms of Reference of the Fundamental Review of the Coroner System, which will now also reflect these recommendations. Moreover, a copy of this report will be sent to every coroner. I ask them to consider it carefully, to see if existing practices can be improved. The Police Service is also developing guidelines to improve their own procedures.''

Mr Prescott said that Lord Justice Clarke had provided a definitive account of the Marchioness tragedy more than 11 years ago:

''Responsibility has at long last been attributed and laid at the door of the skippers, the owners and the managers of both vessels. Criticism has also been levelled at the Department, the PLA, the coroner and the mortuary.

''The lessons of this accident continue to be learned. The Thames is a safer place than it was in 1989. It can and must become safer still.

''The sinking of the Marchioness profoundly shocked the nation. A full public inquiry should have been held years ago. Lord Justice Clarke states that he hopes that his inquiry will help ensure that nothing like this happens again.

''He says that his report may not satisfy everyone but he hopes that this inquiry will have played some small part in helping relatives and survivors to put this appalling tragedy behind them and in making a contribution to improve safety on the Thames in future. These Reports provide a chilling reminder of the need for vigilance and will stand as a permanent rebuke to those found at fault.''

NOTE FOR EDITORS

A chronology of events relating to the Marchioness tragedy is attached.

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MARCHIONESS - A CHRONOLOGY

20 August 1989 The MARCHIONESS sank with the loss of 51 lives following a collision with the dredger BOWBELLE.

22 - 26 August 1989 First inquest opened and adjourned.

August 1989 - 1991 The Marine Accident Investigation Branch (MAIB) carry out an inquiry.

30 August 1989 Interim report produced.

23-26 April 1990 Director of Public Prosecutions announces charges of negligence against BOWBELLE Captain Douglas Henderson. Inquest adjourned so as not to prejudice trial.

24 July 1990 The MAIB report''s 27 recommendations were published early, because report delayed due to possible prejudice to legal proceedings. Recommendations all accepted.

4-14 April 1991 Proceedings were brought by the Crown Prosecution Service (CPS) against the master of the BOWBELLE for failing to maintain an adequate lookout. The jury failed to agree a verdict.

17-31 July 1991 A second attempt at prosecution was made against the master of the BOWBELLE by the CPS. Results in an acquittal after the jury failed to agree a verdict again.

15 August 1991 MAIB Report published.

15 August 1991 John Prescott calls for a public inquiry

December 1991 An enquiry by John Hayes on river safety is commissioned by the Secretary of State for Transport.

June 1992 A private prosecution against the owners of the BOWBELLE for manslaughter failed when the Chief Metropolitan Magistrate ruled that there was no case to answer.

July 1992 Hayes report published. Make 22 recommendations.

June 1993 Details published showing all of the MAIB Report''s 27 recommendations have been implemented.

7 July 1993 An application by the Marchioness Action Group (MAG) for a judicial review of the initial decision by the CPS not to proceed for manslaughter failed.

1993 Action on the majority of the Hayes Recommendations completed.

11 June 1994 Court of Appeal ordered that the original coroner''s decision not to resume the inquests into the death of the victims should be remitted to a coroner of a different district for a fresh decision. West London Coroner, Dr John Burton appointed.

18 October 1994 Dr Burton decided at a public hearing that the inquest proceedings should be reopened.

10 March 1995 Lord Chancellor offers a #200,000 legal aid grant to the families to assist with costs and legal representation.

13 March 1995 The inquest into the victims resumed.

7 April 1995 Jury at inquest returned a verdict of unlawful killing. They endorsed the recommendations of the MAIB and Hayes Reports, and made 12 additional safety recommendations

19 May 1995 Chief Inspector of Marine Accidents reviewed the evidence which emerged at the resumed inquest and concluded that there was no ''new and important evidence'' which would require him to reopen his own investigation.

17 July 1995 Government rejects proposal to hold an inquiry under Section 52 of the Merchant Shipping Act 1970 into the fitness and conduct of Captain Henderson.

31 January 1996 Government''s response to the Jury recommendations, ''Progress on River Safety'', and update on Hayes recommendations published.

26 July 1996 The CPS reviewed the evidence given to the inquest Jury in combination with the pre-inquest evidence in order to establish whether fresh evidence may have been given. The advice of senior counsel was that there was no new evidence which would bring about a successful prosecution. CPS decided not to proceed any further and an announcement is made.

3 May 1997 The Marchioness families press the Government to hold a full and open public inquiry into the disaster.

17 June 1997 The Government state that they are considering the case for a public inquiry into the disaster.

27 August 1997 Glenda Jackson meets representatives of MAG, Lord Spens & Simon Hughes MP, who submit new evidence to support their case for inquiry.

22 August 1997 (Unpublished) Hayes update.

14 October 1997 Government receives further documents from MAG. Informs group that material will require detailed study before a decision to hold an inquiry can be made. MCG later pressed for a full public inquiry.

18 August 1999 John Prescott orders wide-ranging inquiry into safety on the Thames and whether there is a case for a further inquiry into the Marchioness disaster.

20 September 1999 Lord Justice Clarke appointed.

2 December 1999 Lord Justice Clarke publishes interim report on Thames Safety.

14 February 2000 Lord Justice Clarke publishes final report recommending a formal investigation of the Marchioness disaster. John Prescott orders a formal investigation into the collision and a separate non-statutory inquiry into the identification of victims.

23 March 2001 Lord Justice Clarke''s reports published