Cocklers tragedy highlights need for high safety standards

HSE press release C005:06 24 March 2006

Following the successful prosecution for manslaughter following the death of 23 cockle pickers on Morecambe Bay in February 2004 the Health and Safety Commission (HSC) has today taken the opportunity to re-empahsised the importance of worker protection imposed by health and safety legislation.

The HSC chair, Bill Callaghan, said: "The successful prosecution can never compensate for the tragic loss of 23 lives. Nevertheless, today's verdict highlights the need to ensure sensible health and safety arrangements are in place for all workers in Britain, whatever their nationality or migrant status.

"The Health and Safety Executive has already commissioned further work in order to get a clearer picture of where migrants are working and the sorts of jobs they do, as the next stage in finding out whether they are at greater risk of injury or ill-health than other workers. That report will be available later this year.

"At Morecambe Bay, the risks to regular cocklers have been considerably reduced. While it remains a hazardous place, those who follow the guidelines should be able to work without serious risk."

Notes to editors

1 The incident occurred on the night of 5-6 February 2004. A party of some 35 workers, mostly Chinese, went out to the cockle banks on Morecambe Bay in the afternoon and were cut off by the tide after dark. 21 bodies were subsequently recovered, though it is believed that two other people died. The police set up a major investigation, and inspectors from HSE's Field Operations Directorate joined them to provide support.

2 Criminal charges were subsequently brought against five people by the Crown Prosecution Service. The trial began at Preston Crown Court in September 2005. On Friday 24 March 2006, Lin Liang Ren, 29, was found guilty of 21 counts of manslaughter, guilty of conspiracy to commit facilitation (a criminal offence of enabling illegal immigrants to work in this country).and guilty of conspiracy to pervert the course of justice; Zhao Xiao Qing, 21, was found guilty of conspiracy to commit facilitation and conspiracy to pervert the course of justice; Lin Mu Yong, 31, was found guilty of conspiracy to commit facilitation; David Anthony Eden Snr, 63, was found not guilty of conspiracy to commit facilitation; and David Anthony Eden Jnr, 35, was found not guilty of conspiracy to commit facilitation.

3 HSE produced practical guidelines for safe working in estuaries and tidal areas when harvesting produce such as cockles, mussel and shrimps, soon after the tragedy. These guidelines, published in English, Chinese and Polish, were sent to all cocklers and applicants for shell fishing permits. The guidelines are available on the HSE website at: www.hse.gov.uk/pubns/estuary.htm

4 Over 40 organisers of cockling made improvements to meet the guidelines, including: purchasing better vehicles; providing high visibility and protective clothing, waders, flares, mobile phones, tide timetables and compasses. Some also carry lifejackets, life rafts and dinghies etc. The Department for the Environment, Food and Rural Affairs sent HSE's guidelines to Sea Fisheries Committees around Britain and requested they distribute them to anyone regularly working cockle beds under their jurisdiction.

5 There is much closer cross-government working at both departmental and agency level. Intelligence networks have been set up and joint enforcement operations conducted. HSE has issued over 40 enforcement notices requiring safety improvements and has prosecuted one fisherman for placing himself and others at risk.

6 Migrant workers are defined as people who have come to the UK in the last five years to find or take up work, whether intending to stay permanently or not, and whether documented or not.

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