IT’S aamaist twa years tae the day syne the Glesga bin lorry tragedy. Relatit tae this, in the past month we hae seen the failure o the Crown Office and Procurator Fiscal Service COPFS) tae investigate suspeecious daiths an ongauns at Ayrhsire an Arran NHS. Thair is perteeccular concern anent the maternity unit. The hospital’s ain reports kythe the major problems. Wir health meenister Shona Robison hus kent aboot the problem fir the last twa year but anely eftir pressure frae bereaved families, the BBC an Halyrood hus she duin onythin. E’en then it’s the usual “whitewaash” review bi NHS Scotland’s verra ain Healthcare Improvement Scotland HIS, the body that hus the legal ontak fir patient safety athort the NHS! Mair reviewin o its ain performance.

HIS is neither independent nor competent. Whit we really need is something lik this week’s Englis Care Quality Commission report intil unexpectit daiths or a Morecambe Bay maternity inquiry. Why are we bein made the “puir relations” here? We desairve as guid a service as the fowk in Morecambe get.

The COPFS an the umquhile Lord Advocate kent aboot the problems at the hospital in Mairch 2015 but baith he an the COPFS said ‘nae action needit’. They goat aathing wrang an ne’er e’en goat ony evidence!? Onybody that hud a clue wid hae seen that they didnae ken whit they wir daein, an thair hae bin mair incidents syne they said thair wis ‘nae problem’.

Which brings us back tae the bin lorry – anither bourach! Thair still nae proper investigation o this tragedy. They anely luiked at the offence o dangerous drivin, they didnae investigate the driver fir health an safety offences.

Syne the tragedy, baith the Solicitor General an the sheriff at the Fatal Accident Inquiry said thair wis the evidence that wid justifie a prosecution. This wid be fir the driver no takkin raisonable care o the health an safety o hissel, an ithers wha micht be affeckit bi his acts an omissions. The samen law that applies tae the driver Harry Clarke that applies tae onybody at wark. It alsae applies tae joukers in wigs an tae government meenisters – it maks nae odds. The much (wrangly!) maligned (bi Ukip an the like!) health an safety law is ackwally ane o the best laws we hae, folks! It haes sauved thoosans o lives – an cuid sauve thoosans mair! It juist needs tae be uised the richt gate, an thon inhauds the Lord Advocate an his COPFS. They anely need tae read section seven o the Health and Safety at Work etc Act 1974.

Gin they read this then they wull see that it says that the driver hud tae co-operate wi his employers oan their complyin wi the law. That means that bi law the driver hud tae comply wi Glesga Ceetie Cooncil an its safety policy tae mak siccar the safety o its warkers an the public. Gin the policy states that he hus tae tell thaim aboot his medical history then that is whit he hud tae dae. If no then he braks section seven. The evidence at the FAI daels wi that, but (whisper it!) didnae notice section seven – an kept schtum aboot it! Oh dear….. ! Lykwise at lest week’s Coort o Appeal that dismissed oot o haund the private prosecution bi the faimilies, the judges agane said that he hudnae complied wi section seven. They said naethin anent health an safety law, they wir anely daelin wi dangerous drivin offences. They cuid in law be richt oan the dangerous drivin interpretation – but did they ettle hou else the law applied!? Fegs!! The judges went ayont the offence an spake o the competence o the umquhile Lord Advocate. Insteid they cuid hae said that he rump an stump missed the verra law that cuid hae bin uised tae prosecute the driver an gie a custodial sentence.

Whit went wrang eftir the bin lorry crash? Inside sources hae a tale tae tell! Wheesht, an ah’ll tell ye’se a story… The emergency services turnt up in force gey swipper an duin their joab. The follaein day the COPFS, Polis Scotland and HSE met up as they are required tae dae tae decide wha dis whit. Nae dout they’d tea, coffee an Tunnock’s teacakes. HSE went aff an werenae heard o agane until May whan the COPFS askt thaim tae luik at some papers oan risk assessment. HSE didnae dae thair ain safety investigation o eithers the council or the driver. We’re telt that the polis didnae interview the driver, an thair wis nae HSE interview an statement taen. In the breenge tae get tae a FAI, in Februar 2015, the Lord Advocate as heid o prosecution lat ken that the cooncil widnae be prosecuted fir health an safety offences; a gey kweerious deceesion whan thair hud bin nae HSE health an safety investigation? He alsae gien an amnesty tae Harry Clarke oan dangerous drivin. As he didnae ken aboot section 7 he gave nae amnesty oan that – an nane applies! HSE kent nocht o his deceesions; a complete brekdoon o the mandatory agreement oan cooperation. In this breenge tae get aathing nicely “redd up”, an the appairent negligence o the law officers, whit discussions wis hauden atween the Lord Advocate an meenisters tae get the prosecutions oot the road an get tae the FAI? Providin the law officers, the FAI, an the judges huvnae messed up, the driver can nou be legitimately investigated an prosecuted. It wid seem tae meet the public interest criteria. Itherwyce the lesson frae the Scottish justice system is that it is OK fir drivers no tae comply wi the law an kill fowk. Is that OK wi you?

Hou did oor justice system end up in sic a guddle? Halyrood’s justice commattee is juist nou luikin at hou effective the COPFS is. Wull they dae a fit joab? Aye, richt! We hae aareadies seen the government’s advisers tryin tae block a submission tae the inquiry that they didnae like. That submission said that the COPFS unnerstaundin o current Scot’s law wid anely mak sense gin their calendar read 1799 insteid o 2016. They’re anely 200 years ahint the times. Fix yer calendar m’Lud Advocate; an gie the bereaved faimilies o Glesga an the people o Scotland the justice they desairve!