Yes, it was the reopening of the inquiry, and it happened 20 or so years after the accident.
I stress that, even if there were no obligation to reopen an inquiry, I would strongly expect one to be called if similar circumstances to the “Derbyshire” applied. Of course, I acknowledge the importance of the reopened investigation into, for instance, the loss of the “Derbyshire” both in terms of providing answers to the bereaved families of those who lost their lives and in contributing to enhanced maritime safety for the benefit of all mariners.
I understand all the concerns expressed by the noble Lord, Lord Rooker, in tabling this amendment and by the noble Lords, Lord Davies of Oldham and Lord Prescott. I assure your Lordships that any decision on whether to reopen a formal investigation would be taken very seriously, taking into account the views of all interested parties, including, of course, trade unions.
During consideration of this clause in the other place, the then Solicitor-General explained the principles of how the Secretary of State would approach the decision. My honourable friend confirmed that each case for reopening would be considered on its individual merits. Such considerations would include, although they would not be limited to, the likelihood of lessons being learnt that would improve the safety of current marine operations and ship design; the likelihood of being able to identify the true cause or causes of marine accidents where these had been particularly uncertain prior to the evidence being found; and the likelihood of uncovering information that would provide a deeper understanding of the causes of other marine accidents. In short, Clause 40 would allow the Secretary of State to consider the individual circumstances of a formal investigation when new and important evidence was found, taking a rounded view of the best ways to improve maritime safety.
The noble Lord, Lord Prescott, in referring to his experience, expressed concern about the impartiality of the department and the question of fault. Now, the Marine Accident Investigation Branch must undertake impartial investigations and assess evidence, and indeed it could well criticise any department at fault.