Croydon tram crash: MP calls for ‘legal loopholes’ to be closed
An MP has called for a “legal loophole” to be closed following the Croydon tram crash, and to end a practice which has left families feeling like justice has “not been done”.
Croydon Central MP Sarah Jones told the Commons that the criminal offence of causing death by dangerous driving only applies for trams which are on the road, and that tram systems like Croydon, which is 97% on old railway lines, are not covered by the law.
The Labour MP also called for the review of a legal precedent set during the inquest into the deaths of seven people killed in the Croydon tram crash in November 2016, which allowed the coroner to refuse evidence from witnesses and experts.
Ms Jones told the Commons: “The law on death by dangerous driving and death by careless driving does not apply if the tram is off-road.
“It applies if the tram is going along the road but it does not apply if the tram is off the road. 97% of the Croydon tram is off-road, it is all on old railways lines, or much of it is. So the ability of British Transport Police to try and charge someone for those charges doesn’t exist in this case.”
The MP said the change to the law may not have affected the Croydon crash, but added: “This is a really obvious loophole, a very small loophole in the law, but it would apply again if the same thing happened again so we really want to try and bring the law on trams in line with other vehicles where offences of death by dangerous driving apply.”
The MP also said she wanted to see a precedent in inquest law called the “Norfolk ruling” reviewed.
This ruling allowed the coroner overseeing the Croydon tram crash, Sarah Ormond-Walshe, to call an end to evidence for the inquest after hearing from officials at the Rail Accident Investigating Body.
Ms Jones told MPs: “They were saying basically that unless what RAIB… had concluded was ‘incomplete, flawed or deficient’, the inquest should just take their evidence and no-one else’s.”
She added: “There is now a case law given Norfolk and its interpretation by Croydon that any similar inquest looking at a significant accident where we see deaths on the trains, on the aeroplanes, on helicopters, buses, trams, a jury of ordinary people will never get to hear evidence from people who have first hand experience or are experts in their field and can help the jury come to a sensible, rounded decision based on their own conclusions of the facts.”
Potential witnesses in the Croydon tram crash inquest included witnesses to the incident, Transport for London, managers of Tram Operations Ltd which operated the service, and other experts.
The Croydon Central MP also quoted Jean Smith, the mother of Mark Smith who died in the crash, who after the inquest said she was “bitterly disappointed” not to hear evidence from anyone other than RAIB and British Transport Police, and felt that justice had “not been done”.
Transport minister Trudy Harrison said she was unable to comment on the inquest, as she understood families of those who died in the tram crash planned to challenge the conclusion in a judicial review.
Ms Harrison added: “With regard to the potential loophole in transport legislation, I thank her for bringing this to my attention. My department will investigate this thoroughly. Safety on our tramways is of paramount importance to this Government.”
The inquest into the Croydon crash, which concluded in July, found that the seven victims of the derailment died as a result of an accident.