MOD Given Crown Censure Over Fatal Diving Incident

The Ministry of Defence (MOD) has been issued with a Crown Censure after a military diver died during training.

Marine Benjamin McQueen, 26, died in November 2018 while taking part in an exercise in Portland Harbour, Dorset.

He was brought back to the surface after he became separated from other divers.

Marine McQueen was pronounced dead, despite efforts to resuscitate him.

The MOD has accepted the Crown Censure from the Health and Safety Executive (HSE).

As a Government body, the MOD cannot face prosecution in the same way as private or commercial organisations. This is known as Crown Immunity.

By accepting the Crown Censure, the MOD has acknowledged that but for Crown Immunity, there was sufficient evidence to provide a realistic prospect of conviction for breaching part of the Health and Safety at Work Act 1974.

The HSE also served the department two Crown Improvement Notices in February 2019, relating to the failure to conduct suitable and sufficient risk assessments for the exercise. 

The MOD rectified these issues by 12 March 2019, the HSE said.

Nick Deppe, an HSE inspector who specialises in diving, said: "This was a tragedy for all concerned however, just like any other employer, the MOD has a responsibility to reduce dangers to its personnel, as far as they properly can.

"The scenario of a diver becoming separated is a very real risk that needs to be managed."

An MOD spokesperson told Forces News: "The MOD acknowledges the Crown Censure which has been issued by the Health and Safety Executive and apologises for the failures which the Health and Safety Executive investigation has identified.

"Our thoughts continue to remain with the family and friends of Marine McQueen, and we are committed to doing all that we can to ensure that this tragic incident is not repeated."

Cover image: The Ministry of Defence building in Whitehall (Picture: PA).