MoD censured over death of cadet in loch tragedy

The schoolgirl, from Fyvie in Aberdeenshire, was one of 34 cadets taking part in the three-boat exercise.

A Health and Safety Executive (HSE) investigation found there were a series of serious failings by trip leader Major George McCallum, and "systemic organisational failings" by the MoD.

General Sir Nick Parker attended today's Crown Censure meeting and accepted the findings on behalf of the MoD, acknowledging the health and safety failures.

HSE's director for Scotland and Northern England, David Snowball, said: "HSE's investigation has confirmed that primary failings during the activity amplified a number of significant underlying organisational failures.

"In particular, there was evidence of poor planning, leadership and execution of the exercise, coupled with inadequate oversight, procurement, monitoring and training arrangements. These all contributed to the events that took place.

"Together with the considerable failings of Major George McCallum, who was in charge of this activity and played a significant role in its planning, assessment and implementation, what should have been an enjoyable and exciting experience resulted in tragedy."

The MoD cannot face prosecution in the same way as non-Government bodies. Crown Censures are agreed procedures applicable to Crown employers in lieu of criminal proceedings.

Mr Snowball added: "The evidence brought to light by HSE's investigation would be sufficient to provide a realistic prospect of conviction of the MoD in civilian courts.

"A Crown Censure is the maximum enforcement action that HSE can take and it serves to illustrate how seriously we take the failings that led to the death of Kaylee McIntosh."

Last year, Major McCallum, 52, admitted a charge under the Health and Safety at Work Act in relation to the incident. He was fined £5,000 at Inverness Sheriff Court.

Kaylee's parents, Derek and Lesley McIntosh, issued a statement through their lawyer describing the censure as "window dressing".

The statement read: "We are not convinced that a similar accident couldn't happen today. There were rules in place that ought to have prevented Kaylee's death, so what's the point of making more rules that individuals don't bother to follow?

"The army has focused their changes on Kaylee's cadet battalion. There has been an improvement there only because they've changed local personnel but there are so many other cadets across the UK.

"Those in charge of children need to be competent, experienced and well trained and our view is the only way this can be achieved is through independent regulation of cadet forces and the lifting of Crown Immunity for such forces. It seems to us until that's done children going to camps like Kaylee attended are no safer than she was five and a half years ago.

"If Kaylee had been on a school trip the Council would have been prosecuted for breaches of Health and Safety law but the Army is immune and the law completely powerless to penalise them. When you are dealing with the safety of children we don't think it's appropriate for the army to hide behind Crown Immunity, this immunity shouldn't apply to cadet forces."