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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25 times people used Brexit to attack Muslims since the EU referendum

Some voters appear more interested in expelling Muslims than EU red tape.

In theory, voting for Brexit because you were worried about immigration has nothing to do with Islamophobia. It’s about migrant workers from Eastern Europe undercutting wages. Or worries about border controls. Or the housing crisis. 

The reports collected by an anti-Muslim attack monitor tell a different story. 

Every week, the researchers at Tell Mama receive roughly 40-50 reports of Islamophobic incidences.

But after the EU referendum, they recorded 30 such incidents in three days alone. And many were directly related to Brexit. 

Founder Fiyaz Mughal said there had been a cluster of hate crimes since the vote:

“The Brexit vote seems to have given courage to some with deeply prejudicial and bigoted views that they can air them and target them at predominantly Muslim women and visibly different settled communities.”

Politicians have appeared concerned. On Monday, as MPs grappled with the aftermath of the referendum, the Prime Minister David Cameron stated “loud and clear” that: “Just because we are leaving the European Union, it will not make us a less tolerant, less diverse nation.”

But condemning single racist incidents is easier than taking a political position that appeases the majority and protects the minority at the same time. 

As the incidents recorded make clear, the aggressors made direct links between their vote and the racial abuse they were now publicly shouting.

The way they told it, they had voted for Muslims to “leave”. 
 
Chair of Tell Mama and former Labour Justice and Communities Minister, Shahid Malik, said:

“With the backdrop of the Brexit vote and the spike in racist incidents that seems to be emerging, the government should be under no illusions, things could quickly become
extremely unpleasant for Britain’s minorities.

“So today more than ever, we need our government, our political parties and of course our media to act with the utmost responsibility and help steer us towards a post-Brexit Britain where xenophobia and hatred are utterly rejected.”

Here are the 25 events that were recorded between 24 and 27 June that directly related to Brexit. Please be aware that some of the language is offensive:

  1. A Welsh Muslim councillor was told to pack her bags and leave.
  2. A man in a petrol station shouted: "You're an Arabic c**t, you're a terrorist" at an Arab driver and stated he “voted them out”. 
  3. A Barnsley man was told to leave and that the aggressor’s parents had voted for people like him to be kicked out.
  4. A woman witnessed a man making victory signs at families at a school where a majority of students are Muslim.
  5. A man shouted, “you f**king Muslim, f**king EU out,” to a woman in Kingston, London. 
  6. An Indian man was called “p**i c**t in a suit” and told to “leave”.
  7. Men circled a Muslim woman in Birmingham and shouted: “Get out - we voted Leave.”
  8. A British Asian mother and her two children were told: "Today is the day we get rid of the likes of you!" by a man who then spat at her. 
  9. A man tweeted that his 13-year-old brother received chants of “bye, bye, you’re going home”.
  10. A van driver chanted “out, out, out”, at a Muslim woman in Broxley, Luton
  11. Muslims in Nottingham were abused in the street with chants of: “Leave Europe. Kick out the Muslims.”
  12. A Muslim woman at King’s Cross, London, had “BREXIT” yelled in her face.
  13. A man in London called a South Asian woman “foreigner” and commented about UKIP.
  14. A man shouted “p**i” and “leave now” at individuals in a London street.
  15. A taxi driver in the West Midlands told a woman his reason for voting Leave was to “get rid of people like you”.
  16. An Indian cyclist was verbally abused and told to “leave now”. 
  17. A man on a bike swore at a Muslim family and muttered something about voting.
  18. In Newport, a Muslim family who had not experienced any trouble before had their front door kicked in.
  19. A South Asian woman in Manchester was told to “speak clearly” and then told “Brexit”. 
  20. A Sikh doctor was told by a patient: “Shouldn’t you be on a plane back to Pakistan? We voted you out.”
  21. An abusive tweet read: “Thousands of raped little White girls by Muslims mean nothing to Z….#Brexit”.
  22. A group of men abused a South Asian man by calling him a “p**i c**t” and telling him to go home after Brexit.
  23. A man shouted at a taxi driver in Derby: "Brexit, you p**i.”
  24. Two men shouted at a Muslim woman walking towards a mosque “muzzies out” and “we voted for you being out.”
  25. A journalist was called a “p**i” in racial abuse apparently linked to Brexit.