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Baker30611  
#1 Posted : 13 May 2011 12:56:02(UTC)
Rank: Forum user
Baker30611

johnmurray  
#2 Posted : 14 May 2011 01:32:36(UTC)
Rank: Super forum user
johnmurray

Yes. A company with no shareholders is fined. The dept is paid by the government. The government is paid by us. So we pay the fine. This is a triumph for Health and Safety: How ? Essentially, the victim pays for the crime.
RayRapp  
#3 Posted : 14 May 2011 09:18:47(UTC)
Rank: Super forum user
RayRapp

Worse still, NWR were not the company in charge of the infrastructure at the time of the crash, but Railtrack, who were a privately owned company with shareholders. Jarvis Rail, the company responsible for the track maintenance at Potters Bar have since gone into administration. A £3m pound fine which will be borne by the tax payer - some justice!
Evans38004  
#4 Posted : 14 May 2011 11:47:40(UTC)
Rank: Forum user
Evans38004

Bet the exacutive directors / senior managers who made the decisions to cut back on safety prior to the incident have retained their big bonuses for those periods !!!!
Bob Shillabeer  
#5 Posted : 14 May 2011 12:19:36(UTC)
Rank: Super forum user
Bob Shillabeer

Please bear in mind I am limited to what I say as I was an observer at the whole of the Industry Inquiry into this accident. The Team who conducted the inquiry were well respected and very very knowledgable people. They looked at the underlying causes as well as the immediate causes that led to the tragic accident. The inquiry lasted several months and I have a copy of the report that was produced (all two very heavy volumes of it) and the blame was clearly identified as the local maintenance team taking short cuts to reduce the work required when the point blades were to be replaced. However, the point blades were not replaced when the work was scheduled because of other priorities identified (they were never replaced in fact). This was compounded by the lack of overview by the maintenance contractor and the lack of overview by Railtrack of what the contractor was actually doing. Blame lies with Railtrack (now Network rail) simply brecause it is the only party ;eft to pin the blame on. The real cause of the accident was the privatisation regime that was put in place and the rush to make a quick buck from what it did. I fear that the privatisation of the NHS will lead to similar risks becoming the norm and the number of law suits will no doubt increase as time goes by.
RayRapp  
#6 Posted : 14 May 2011 13:26:16(UTC)
Rank: Super forum user
RayRapp

Bob Not disputing anything you have written, but I think the point I was trying to make and possibly the other posters goes well beyond the facts of the case and the investigation. For example, why did it take so long to prosecute and come to court? Since the rail crash Jarvis have rather conveniently gone into administration and Railtrack have been taken over by NWR. The real culprits have not been brought to justice. Furthermore, the whole issue of the law and health and safety is becoming a joke. Individuals are rarely held accountable for their actions in the boardroom and fines for publicly funded organisations are not a commensurate sanction. Judge Wright in the sentencing of British Rail for the Clapham Junction train crash in 1988 said: "A swingeing fine of the magnitude that some, even now, might consider appropriate in the circumstances of this case, could only be met by the Board either by increasing the burden on the fare-paying passengers - which is hardly logical having regards to the fact that it is for the benefit of the fare-paying passengers that the legislation exists - or by reducing the funds available for improvements in the railway system in general. That, again, could hardly be regarded as a desirable state of affairs." It appears to me that we have learnt very little in the last twenty years or so.
Bob Shillabeer  
#7 Posted : 14 May 2011 18:29:22(UTC)
Rank: Super forum user
Bob Shillabeer

Ray you are probably right. There is very little point in placing any fine on whoever as the real culprits have long flown the nest. This fine is just a simbolic thing, three million is a drop in the ocean for a company the size of Network Rail but it does have a moral impact, but unfortunatly on the wrong people. Only wish the full industry inquiry was more read among those who could understand the issues applicable (and I don't mean anything about members ability to understand the issues just the complexity of them) the facts would speak for themselves. I spent many hours looking at the evidence both cultural and technical such as the devise of lock nuts and how they work etc. The truth is in there somewhere but the mis judgement of the companies involved and the false claims of mysterious persons in the area and the often suggested fogging of issues around this tradegy were perhaps meant to cause doubt. As to there being little progress in overall safety of the rail industry, I must disagree, there are always things that can be improved but the industry does take safety seriously and any accident is quite a knock on those within the rail indutsry with some level of safety responsibility.
johnmurray  
#8 Posted : 14 May 2011 19:16:55(UTC)
Rank: Super forum user
johnmurray

As a whole, the INDUSTRY takes Health and Safety seriously. At the bottom of the stack, or higher, individuals do not.
boblewis  
#9 Posted : 15 May 2011 11:44:10(UTC)
Rank: Super forum user
boblewis

Bob S and I have discussed this before but I still hold that the reporting by exception of faults, ie only reporting faults found rather than inspections completed and a satisfactory report entered, still lies at the heart of many issues for the rail industry. They are not the only ones however and many large organisations follow the same principles of reporting only to find that inspections can easily be avoided and faults not found. A good auditor looks for evidence of what has been done NOT what non compliances have been found. I see this a sadly lacking across all sectors. Bob
andybz  
#10 Posted : 15 May 2011 20:03:17(UTC)
Rank: Super forum user
andybz

Bob S Can you clarify when you say the "real cause of the accident was the privatisation regime that was put in place and the rush to make a quick buck from what it did." Is this the consensus of the team that investigated, is it written in the official report and/or is it your personal opinion. I don't dispute what you say and I would respect your opinion, but we all have to be clear when we talk about these things.
devilman9050  
#11 Posted : 15 May 2011 20:23:13(UTC)
Rank: New forum user
devilman9050

So, the government pays the 3 million, which is in effect paid by us, but where does this 3 million go and what will it get used for? Is the Office of Rail Regulation government run? Is it just one government department paying another? D
RayRapp  
#12 Posted : 15 May 2011 20:51:47(UTC)
Rank: Super forum user
RayRapp

Devilman, the cost of bringing the case to court has probably outweighed the cost of the fine and even if it has not, add the investigation and the £3m looks like small change, either way, the fine to a large organisation like NWR is still peanuts. Andy, there is a perception that the privatisation of the rail industry in the 1990s led to a number of poor practices and a lack of investment. Certainly anecdotal evidence suggests that is the case and of course the demise of the former Railtrack was due in part to a series of high profile train crashes. Most of these were avoidable with proper safety systems and better regulation...sound familiar? The Potters Bar train crash occurred in 2002 and here we are discussing the outcome of the case. I think the authorities have much to answer for the unnecessary delay in bringing this case to court, not sure it was worthwhile anyway - a sad day for justice.
johnmurray  
#13 Posted : 16 May 2011 05:42:45(UTC)
Rank: Super forum user
johnmurray

Time makes the pain less. People remember things poorly after time. We pay government, they pay the transport companies, they pay the fine: So we end-up paying it. 3 million isn't so much.....not as much as 5 billion to build an aircraft carrier that will never be used, and for which we have no aircraft to fly to/from it anyway. Nor the few hundred billion to forestall the global warming that isn't happening, which (again) we will be paying.
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