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FAI Simon Midgley and Richard John Dyson Response

Responses

 

08 March 2023

Dear Sheriff Thomas McCartney,

 

I write to provide the Scottish Government’s formal response to the recent Fatal Accident Inquiry into the deaths of Simon Midgley and Richard John Dyson, published on 11 January 2023. My sympathies remain with the families of Mr Midgley and Mr Dyson.

 

As part of your determination, recommendation four and recommendation five were directed towards the Scottish Government and I attach under Annex A, our formal response to these.

 

I am grateful to the Scottish Courts and Tribunal Service for their work on this important Fatal Accident Inquiry and for publication of this report.

Yours Sincerely, Shona Robison MSP

Cabinet Secretary for Social Justice, Housing and Local Government

 

Annex A

 

SHERIFFDOM OF NORTH STRATHCLYDE AT PAISLEY SHERIFF COURT

Court ref: PAI-B383-21

RESPONSE

to the

DETERMINATION OF SHERIFF THOMAS MCCARTNEY

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATHS OF SIMON MIDGLEY AND RICHARD JOHN DYSON

To: the Scottish Courts and Tribunals Service

being a person to whom a recommendation under section 26(1)(b) was addressed, do respond as follows:

1.     Recommendation four: The Scottish Government should consider introducing for future conversions of historic buildings to be used as hotel accommodation a requirement to have active fire suppression systems installed.

The Scottish Government accepts this recommendation. As part of the work to consider this, a Short Life Working Group has been created which includes relevant internal and external stakeholders. The Working Group has already met and as part of its work, will consider the wider aspects of this recommendation in more detail.

The work will be overseen by the current Building and Fire Safety Ministerial Working Group, chaired by the Cabinet Secretary for Social Justice, Housing and Local Government.

 

2.     Recommendation five: The Scottish Government should constitute an expert working group to more fully explore the special risks which existing hotels and similar premises may pose through the presence of hidden cavities or voids, varying standards of workmanships, age, and the variance from current standards and to consider revising the guidance provided by the Scottish Government and others.

The Scottish Government accepts this recommendation. As part of the work to consider recommendation four (a Short Life Working Group has been created), recommendation five will also be investigated and where appropriate, the expert panel working group will fully explore the special risks raised including any consideration to revise relevant guidance. The work will be overseen by the current Building and Fire Safety Ministerial Working Group, chaired by the Cabinet Secretary for Social Justice, Housing and Local Government.

 

SHERIFFDOM OF NORTH STRATHCLYDE AT PAISLEY

 

Court ref: B383/21 RESPONSE

to the

 

 

DETERMINATION OF SHERIFF THOMAS MCCARTNEY

 

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

 

IN THE

 

 

INQUIRY INTO THE DEATHS OF SIMON MIDGLEY AND RICHARD JOHN DYSON

 

 

To: the Scottish Courts and Tribunals Service

  1. The Scottish Fire and Rescue Service being a person to whom a recommendation under section 26(1(b) was addressed, do respond as follows.
  2. The Scottish Fire and Rescue Service was a participant in the
  3. The following recommendation was made to the Scottish Fire and Rescue Service;
    • Scottish Fire and Rescue Service should reduce the time period between a fire safety audit inspection and the issue of a written outcome report.

RESPONSE TO RECOMMENDATION

  • The Scottish Fire and Rescue Service proposes to implement the requirement for the written outcome report to be issued within 14 days of the fire safety audit inspection. The Scottish Fire and Rescue Service will make the following amendment (underlined in extract below) to the internal guidance document, Fire Safety Enforcement Audit Procedure and Guidance at paragraph 2.4.16. This will be implemented by 1 April 2023.

 

Scottish Fire and Rescue Service Fire Safety Enforcement Audit Procedure and Guidance Paragraph 2.4.16

“2.4.16 On conclusion of the audit of the premises, a summary of the findings and significant deficiencies should be discussed with the Dutyholder and recorded on the Dutyholder Handover Sheet (Appendix F). The top copy shall be passed to the Dutyholder or their representative at the earliest opportunity. This should normally be at the conclusion of the audit however, in some cases, to enable peer discussion, the top copy may be sent later the same day or the following day by electronic means. The bottom copy shall be uploaded to the enforcement database. This does NOT negate the need to issue the appropriate audit outcome letter/Notice. The appropriate audit outcome letter should be issued as soon as practicably possible and no later than 14 days following the date of the audit.

All deficiencies listed within the Dutyholder Handover Sheet must be accurately reflected on the accompanying audit outcome letter/Notice provided to the Dutyholder.”