Written Question · S3W-02438 · Session 3
How much the Scottish Government spent on staff bonuses in the last financial year.
The question
To ask the Scottish Executive how much the Scottish Government spent on staff bonuses in the last financial year.
The answer
There are noplans to introduce a statutory requirement to hold fatal accident inquiriesfollowing all fatal road traffic accidents.
One of the keyfunctions of a fatal accident inquiry (FAI) is to address serious issues ofgeneral public concern that arise from a death. Steps can then be taken toprevent any recurrence, drawing on the recommendations of the sheriff presidingover the fatal accident inquiry. In many cases, however, the investigation of adeath in a fatal traffic accident by the police and the Procurator Fiscal willbe sufficient in itself to ascertain all the circumstances surrounding thedeath. Evidence as to the circumstances of the death may also be examinedduring the course of criminal proceedings. Where the precautions which mighthave been taken to prevent the accident happening are confined to a particularset of circumstances and do not raise any wider issues of public concern, therewould be little point in holding a public inquiry which may cause furtherdistress to the bereaved family.
On the otherhand, a fatal accident inquiry may be instructed where there are concerns that,for example, the road layout or signage contributed to the accident causing thedeath. The sheriff may then make recommendations which may be acted on toprevent further accidents. But if the accident resulted from a momentary lapseof concentration on the part of a driver, it is difficult to see what widerlessons may be learned from a public inquiry.
The flexibilityof the present law – which provides for an FAI to be held where thecircumstances warrant it – is invaluable and it is not considered to benecessary or desirable to hold an inquiry following all fatal road trafficaccidents.
One of the keyfunctions of a fatal accident inquiry (FAI) is to address serious issues ofgeneral public concern that arise from a death. Steps can then be taken toprevent any recurrence, drawing on the recommendations of the sheriff presidingover the fatal accident inquiry. In many cases, however, the investigation of adeath in a fatal traffic accident by the police and the Procurator Fiscal willbe sufficient in itself to ascertain all the circumstances surrounding thedeath. Evidence as to the circumstances of the death may also be examinedduring the course of criminal proceedings. Where the precautions which mighthave been taken to prevent the accident happening are confined to a particularset of circumstances and do not raise any wider issues of public concern, therewould be little point in holding a public inquiry which may cause furtherdistress to the bereaved family.
On the otherhand, a fatal accident inquiry may be instructed where there are concerns that,for example, the road layout or signage contributed to the accident causing thedeath. The sheriff may then make recommendations which may be acted on toprevent further accidents. But if the accident resulted from a momentary lapseof concentration on the part of a driver, it is difficult to see what widerlessons may be learned from a public inquiry.
The flexibilityof the present law – which provides for an FAI to be held where thecircumstances warrant it – is invaluable and it is not considered to benecessary or desirable to hold an inquiry following all fatal road trafficaccidents.
In the Official Report
No contribution in the Official Report cites S3W-02438 by reference.