How the UK Border Agency nearly blew Robin Hood Airport "sky high"

A calamity at the "Twitter Joke Trial" airport of which you will not have heard

The security managers of Robin Hood Airport are well known for their zeal in searching Twitter while off-duty for tweets containing supposed "bomb threats" which are nothing of the kind

But while those responsible with the safety of the public and of staff at this South Yorkshire airport were concerning themselves in January 2010 with the now infamous tweet of Paul Chambers, a infinitely more dangerous incident had recently occurred, about which there appears to have been no publicity until yesterday.

 

A dangerous load

On 10 November 2009 an aircraft carrying anti-tank ammunition landed at the airport. It appears the manager of the UK Border Agency (UKBA) based at the airport decided that his staff were to carry out checks on the packed ammunition. It was evident that this was a hazard, but the manager proceeded with the idea and even directed the plane to a separate part of the airport for the exercise to take place.

The pilot warned the manager that the crates of ammunition were explosive. The pilot added that the crates should not be examined by any unqualified staff. But the warnings were ignored. The UKBA manager had determined that unqualified staff were going to unpack live ammunition from its casing. (One presumes all this was also to be done on a concrete floor and in the near proximity of a fuelled aircraft.)

The UKBA staff did as they were told and opened the five crates, each of which contained five rounds of anti-tank ammunition.  The staff then partially removed some explosive devices from protective packaging. We are told that this entailed the staff removing three separate layers of packaging, including opening the protective tubing and exposing live rounds of the anti-tank ammunition.

It was about a stupid decision as such a manager could make, and a decision putting the lives of staff and many others at genuine risk.

 

A matter of Health and Safety

When this incident came to the notice of the Health and Safety Executive (HSE), there was an immediate investigation. It was clear that there had been a breach of Sections 2 and 3 of the Health and Safety at Work etc Act 1974

As the HSE later stated:

The HSE investigation found that UKBA had failed to carry out a suitable risk assessment to enable them to complete the checks safely. Had they done so, they would have recognised several problems.

There was a significant risk that the ammunition could detonate if it was dropped which could have detonated the whole cargo. As a result, members of the public, airport workers and nearby aircraft were all put at risk on that day.

This was an understatement.  Although ammunition is (of course) not designed to explode easily, unpacking such materials is rightly the job of trained professionals.

In normal circumstances, there would have then been a prosecution of UKBA for its fundamental breach of health and safety law.

 

Censure, not prosecution

But UKBA was not to be prosecuted. This is because, as a Crown body, it cannot be prosecuted. This constitutional oddity means that UKBA - and other such bodies - escape the processes of the criminal justice system even when there has been a clear breach of the legal obligations which nonetheless still apply to them.

So instead of a public prosecution, the HSE had to follow a closed process called "Crown Censure". This is, in effect, a sequence of meetings where culpability is discussed and eventually determined. The meetings are not public, and the minutes of the meetings are not provided to the public. (Indeed, the HSE press officer laughed down the phone when I asked if the papers could be made available.)

Eventually, UKBA "accepted" the censure. The HSE said:

Our investigation into the details of the cargo verification by UKBA staff at Robin Hood Doncaster Sheffield airport found that the failings by the Agency were serious enough to warrant this course of action.

The evidence brought to light by the HSE investigation would be sufficient to provide a realistic prospect of conviction of UKBA in civilian courts. This Crown Censure is the maximum enforcement action that HSE can take and should serve to illustrate how seriously we take the failings we identified."

We are then told:

Mr Paul Darling, Corporate Director, Resources and Organisational Development, of the UK Border Agency attended the Crown Censure meeting on 19 December 2012 at the HSE premises in Sheffield and accepted the findings on behalf of UKBA.

But this cannot be a satisfactory process for matters of public safety. A number of people were put at risk that day by the sheer irresponsibility of a UKBA manager.

 

Tweets and ammunition and "Security Theatre"

UKBA has now had two years and a bit to get its act together after almost blowing a good part of Robin Hood Airport sky high. A press statement put out today said:

We deeply regret this incident. As acknowledged by the Health and Safety Executive, we have already made significant changes to the way we manage health and safety to avoid a similar incident occurring in the future.

UKBA, however, did not tell what these "significant changes" were. 

The contrast of superficial and and sensible approaches to safety has been called by the great Bruce Schneier as "Security Theatre". In airports and elsewhere, a lot is done just for show, and the elaborate gestures do little or nothing to actually achieve improved security. 

It would seem Robin Hood Airport is a case study of such a misconceived policy. In the space of a few months between November 2009 and January 2010, one security manager there almost caused a disaster while another concentrated on a harmless jokey tweet. 

And only the latter led to the criminal process even being engaged.

 

David Allen Green is legal correspondent of the New Statesman and was defence solicitor in the "Twitter Joke Trial" appeal at the High Court

 

Robin Hood Airport, safe from menacing tweets at least. Photograph: B Doon

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Mumslink shows how online parenting networks are coming of age

Women online are changing the relationship between digital domesticity and digital independence. 

The habit of “speaking as a mother” came in for its fair share of criticism this summer. Andrea Leadsom’s insinuation of superiority over Theresa May, her rival for the Tory leadership, elicited widespread scorn – not least from those who have done most to strengthen the voice of mothers as a group: internet mums.

Over the past 15 years, the ten million users a month who log on to Mumsnet have been courted by politicians in webchats and speeches alike. The 2010 general election was even named “the Mumsnet election” in their honour.

From the start, parenting networks attracted users interested in comradeship, as much as those after information. 

For Jo Williamson, a mother-of-two, the trigger was the day her second child left for school, a jarring experience. “I went into a blind panic, thinking: ‘Blimey, I’m going to be sitting in an empty house just waiting for everybody to come back.’” In response, Jo and her business partner Jane Pickard came up with the idea for a new site that focuses on the fluid nature of many women’s professional and family lives.

The resulting network, Mumslink, uses carefully edited news feeds to introduce readers to ideas, businesses and charities that complement all aspects of their lives – from recipe tips to volunteering. “There are so many women out there with a plethora of talents but most of the time, because you’re with your children, nobody asks you to get involved,” Williamson says.

Similar feelings of isolation led Siobhan Freegard to found Netmums, one of the UK’s largest parenting sites. Back in 2000, she had barely heard of “social networks”, nor of Mumsnet, which launched around the same time, yet she knew that mothers needed a place “to share their stories and maybe meet up in the offline world, too”.

Such identity-building led to divisions over “the right way” to be a mother. A tense rivalry developed between the slightly younger Netmums and the more educated and affluent Mumsnetters (Tesco and Waitrose didn’t sponsor different networks for nothing). Within the sites’ pages, differences of opinion over working v stay-at-home parenting sparked allegations of hostility and bullying. Still, the media researcher Sarah Pedersen says there’s an argument that these sites have helped produce a reduction in depression and anxiety, as well as greater opportunities for women to negotiate “the tension between themselves and their role as mothers”.

There are signs that this online culture is growing up. The perception of mums as “a bit insular and thick” is more easily countered, says Justine Roberts, the founder of Mumsnet, “now that so many mothers are able to express their individuality, their interests and their expertise in the public domain”.

According to Freegard, the very act of online sharing has helped begin to repair the rifts within the parenting debate. “With social media, we see working mums and part-time mums, and we see mums changing roles as their children change ages, and we understand that there are different angles to things – that everyone has their story.”

This is more pronounced in the world of video blogging, Freegard says. On her YouTube channel, Channel Mum, people talk calmly about controversial subjects that would have been a “bloodbath” on Netmums, such as ear piercing for very young children. “With video, you can see the person in real life and that helps you feel for their story,” she says.

Perhaps the greatest effect, however, has been on how the internet allows parents to work from home. As many as 160,000 part-time ventures have been started by British women in the past two years alone, self-styled kitchen-table start-ups. Sites such as Mumslink (similarly funded by Williamson and Pickard and run out of the former’s front room in Hertfordshire) aim to help this home-based workforce with new clients. One Mumslinker visits the site to write about her own line of natural nail varnish, another to promote her hot-tub business. The company Digital Mums uses it to encourage women to expand their digital skills.

Commercial savvy is something that Freegard is also keen to develop at Channel Mum – equipping her contributors with financial advice and small stipends. “I remember looking at mummy bloggers and thinking, ‘You guys didn’t get properly organised,’” she says. Freegard points out that most early mum bloggers never grew their audience beyond those already involved in parenting online, and struggled to become more professional as a result.

Quite what the future relationships will be between the brands, businesses and audiences for information on parenting has yet to be established. Some users will baulk at being increasingly cast in the role of consumer. At the same time, the networks’ names – Mumsnet, Netmums, Mumslink, Channel Mum – suggest that parenting is still a woman’s domain.

Yet a better balance seems to be emerging in the relationship between digital domesticity and digital independence. Greater gender equality in the distribution of start-up funding, more job vacancies that allow flexible working, and increasing numbers of prominent women in the tech industry are just some of the things the community is striving to promote. In Britain, which has an ageing population and an ever-growing community of carers, the rise of these networks seems sure to be a net gain for us all. 

For more, visit: mumslink.com

India Bourke is the New Statesman's editorial assistant.

This article first appeared in the 25 August 2016 issue of the New Statesman, Cameron: the legacy of a loser