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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The first godless US election

America’s evangelical right has chosen Donald Trump, who hardly even pays lip service to having faith.

There has never been an openly non-Christian president of the United States. There has never been an openly atheist senator. God, seemingly, is a rock-solid prerequisite for American political life.

Or it was, until this year.

Early in the 2016 primaries, preacher and former Arkansas governor Mike Huckabee and former senator Rick Santorum – both darlings of the evangelical far right – fell by the wayside. So did Wisconsin governor Scott Walker, the son of a preacher.

Ted Cruz, once the Republican race had thinned, tried to present himself as the last godly man, but was roundly beaten – even among evangelicals – by Donald Trump, a man whose lip service to religion was so cursory as to verge on satire.

Trump may have claimed in a televised debate that “nobody reads the Bible more than me”, but he demurred when pressed to name even a verse he liked. His pronouncements show a lack of any knowledge or interest in faith and its tenets; he once called a communion wafer his “little cracker”.

The boorish Trump is a man at whose megalomaniacal pronouncements any half-hearted glance reveals a belief in, if any god at all, only the one he sees in a mirror. The national exercise in cognitive dissonance required for America’s religious rightwingers to convince themselves that he’s a candidate with whom they have anything in common is truly staggering.

But evangelicals don’t seem troubled. In the March primary in Florida, Trump carried 49 per cent of the evangelical vote. He won Mississippi, a state where fully three-quarters of Republican primary voters are white evangelicals.

In the Democratic primary, Bernie Sanders became the first Jewish candidate ever to win a presidential primary – though he has barely once spoken about his faith – and Hillary Clinton has spoken about god on the campaign trail only occasionally, without receiving much media play. In fact, when the question of faith came up at one Democratic debate there was a backlash against CNN for even asking.

The truth is that Christian faith as a requisite for political power has drooped into a kind of virtue-signalling: the “Jesus Is My Homeboy” bumper-sticker; the crucifix tattoo; the meme on social media about footprints in the sand. It is about identity politics, tribal politics, me-and-mine versus you-and-yours politics, but it hasn’t really been about faith for a while.

What the hell happened?

Partly, there was a demographic shift. “Unaffiliated” is by far the fastest-growing religious category in the US, according to a study by the Pew Research Center, which also showed that the total proportion of Americans who define as Christian dropped almost 9 percentage points between 2007 and 2014.

There is no doubt that America is still a fairly devout nation compared with the UK, but the political mythos that developed around its Christianity is a relatively late invention. The words “under god” were only implanted into the pledge of allegiance – between the words “one nation” and “indivisible” – in 1954, by President Eisenhower.

The ascendance of the political power of the Christian right in America happened in 1979, when a televangelist called Jerry Falwell founded a pressure group called Moral Majority.

Moral Majority’s support for Ronald Reagan was widely credited for his victory in the 1980 election, which in turn secured for them a position at the top table of Republican politics. For three decades, the Christian right was the single most important voting bloc in America.

But its power has been waning for a decade, and there are greater priorities in the American national psyche now.

Trump’s greatest asset throughout the primary was what makes his religiosity or lack thereof immaterial: his authenticity. His lack of a filter, his ability to wriggle free from gaffes which would have felled any other candidate with a simple shrug. This is what not just religious voters, but all of the Republican voting base were waiting for: someone who isn’t pandering, who hasn’t focus-grouped what they want to hear.

They don’t care that he may or may not truly share their belief in god. Almost all voters in this election cycle – including evangelicals, polling suggests – prioritise the economy over values anyway.

On top of that, the Christian right is facing the beginnings of an insurgency from within its own ranks; a paradigm shift in conservatism. A new culture war is beginning, fought by the alt-right, a movement whelped on anarchic message boards like 4chan, whose philosophical instincts lean towards the libertarian and anarcho-capitalist, and to whom the antique bloviation of Christian morality politics means nothing.

Trump doesn’t pander, an approach only made possible by social media, which amplifies his voice six millionfold while simultaneously circumventing the old establishment constructs – like the media – which had previously acted as gatekeepers to power.

The Christian right – now personified in Jerry Falwell Jr and Liberty University, which Falwell senior founded in the Seventies – found itself another of those constructs. They were forced to choose: jump on board the Trump Train or be left behind.

They chose Trump.

Nicky Woolf is reporting for the New Statesman from the US. He tweets @NickyWoolf.