Appointment of accident investigators

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (30.07.07) to agree that the United Kingdom Marine Accident Investigation Board (MAIB) should undertake the investigation of recent accidents.

Subject:	Appointment of Accident Investigators
Decision Reference:	MD-E-2007-0152		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	e-mail		Report File ref:
Written report – Title	Investigation Of Incidents Involving HD1 Within St Helier Harbour
Written report – Author (name and job title)	Bevan Anthony, Executive Director
Decision: The Minister agreed that the United Kingdom’s Marine Accident Investigation Board (MAIB) should be requested to undertake an investigation of the accidents referred to in the attached Report.
Reason(s) for decision: The car ferry HD1 has been involved in a safety incident, which caused damage to itself and to another vessel. The MAIB is an expert, independent and well-respected investigatory body. There is no equivalent in Jersey.
Action required: Following the Ministerial Decision, the MAIB will be asked to carry out the investigation and publish its report. There are no new financial or human resources issues arising.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision:

Appointment of accident investigators

SHIPPING ( JERSEY ) LAW 2002

INVESTIGATION OF INCIDENT INVOLVING HD1 WITHIN ST HELIER HARBOUR

The Issue

The HD1 was involved in an accident on arrival at St Helier Harbour late at night on Saturday 28 July 2007.

2. The circumstances warrant independent investigation by the Marine Accident Investigation Branch (MAIB) of the UK Department for Transport, in line with the provisions of Part 11 of the Shipping (Jersey) Law 2002 and the current Memorandum of Understanding (MOU) between the MAIB and the Authorities of both Jersey and Guernsey.

The Facts

The HD1 is a fast ferry carrying vehicles and passengers between Jersey, Guernsey and St Malo.
The vessel entered St. Helier under pilotage on the night of Saturday 28 July 2007. Whilst manoeuvring in the Harbour, HD1 came into contact with Condor Express which was in the process of loading passengers and vehicles.
It is understood that there was some minor damage to the Condor Express, but that this vessel was able to continue its sailing to Guernsey and Weymouth. The damage to HD1, however, was more severe and it is currently out of service.
The MAIB examines and investigates marine accidents to, or on board, UK ships worldwide, and other ships in UK territorial waters. The primary objective of MAIB accident investigations is to determine the circumstances and causes of the accident with a view to preserve life and avoid accidents in the future, not to apportion blame or liability.
The MOU between the MAIB and the relevant authorities in both Jersey and Guernsey allows accidents such as these to be reported to the MAIB with a request that that agency should undertake an investigation.
The MAIB is willing to undertake an investigation of the incidents involving the HD1, if requested, commencing as soon as possible.
Regarding incidents which involve UK ships or in UK waters, it is normal for the MAIB to publish its report in an entirely independent manner. The Chief Inspector in such cases is legally bound to make recommendations publicly available if he considers that it is in the interests of safety or preventing pollution. If there are no safety or pollution issues arising then the recommendations do not need to be publicly available.
UK Regulations governing MAIB investigations restrict the admissibility of reports in UK judicial proceedings whose purpose or one of whose purposes is to attribute or apportion blame or liability.

11. The MAIB would make a charge to cover its costs. It is difficult to estimate at this stage how much this will be but, by their standards, it is not a major incident investigation.

Considerations

The MAIB would wish to publish any report produced on behalf of the government of Jersey. However, in accordance with the Shipping (Jersey) Law 2002 it is for the Minister to decide whether he makes a report publicly available in Jersey. The Minister may in particular wish to receive a copy of the draft consultation report prior to publication. The MAIB will be operating in accordance with, and in the spirit of, the UK's Merchant Shipping (Accident Reporting and Investigation) Regulations 2005. The final content of the report will be at the discretion of the Chief Inspector who will consider any representations made to him relating to the facts or analysis during the consultation process.

13. Under UK regulations, MAIB reports are not generally admissible in court proceedings and they are written in a style which avoids apportioning blame or liability to individuals or organisations.

Recommendations

It is recommended that:-

a. the MAIB is requested to undertake an investigation of the above accident as soon as possible subject to the mutual agreement of any terms or conditions;

b. the Minister / Assistant Minister will receive a copy of the draft report as part of the MAIB's consultation process prior to its publication;

c. the MAIB will publish the report with regard to the facts as far as they can be established and the associated analysis and professional judgements; and

d. the report should not be admissible in any UK judicial proceedings whose purpose or one of whose purposes is to attribute or apportion blame or liability, or any third party jurisdiction without the authorisation and express permission of the MAIB.

Bevan Anthony

Executive Director

30 July 2007