NSI PROCEEDINGS

    These Directions were issued by Lord Justice Clarke on 16th November 2000 and are also

    available under Timetables.

PART 1

1. The MAG/MCG shall notify the Inquiry Secretariat by 4pm on Fri 17^th November of any further members of the family groups who wish to give evidence on 30^th November.

2. The MAG/MCG shall serve further and better particulars of their criticisms by 4pm on Mon 20^th November, in particular (a) identifying which person faces what criticism and (b) particularising criticisms 19, 20 and 21 of Dr Knapman.

3. The MAG/MCG shall serve the report of Peter Swann by 12 pm on Tues 21^st November.

4. The experts shall meet on Thurs 23^rd November in order to produce a report as to the matters upon which they agree or disagree, having regard in particular to the questions set out by the Inquiry Team.  Such report shall be sent to the Inquiry by 4pm on Fri 24^th November.

5. All further statements shall be served by 4pm on Mon 27^th November.  (Where statements are available prior to that date they should be sent to the Inquiry as soon as possible.)

6. All participants shall review the Chronology and Identification Schedule and inform the Inquiry Secretariat by 4pm on Mon 27^th November of any additions or changes which they wish to be made or of any errors contained therein.  (Where additions or changes can be notified earlier, they should be.)

7. Closing written submissions to be delivered to the Inquiry Secretariat by 4pm on 12^th December.

8. Any submissions in reply to be delivered to the Inquiry Secretariat by 4pm on 13^th December.

9. Short oral submissions will be heard on 14^th December.

PART 2:

1. Any person wishing to make a submission on part 2 of the NSI (paragraphs 2 and 3 of the terms of reference) shall send the same to the Inquiry on or before 30^th November.

2. The Inquiry Team will, by 8^th December, produce a document setting out their understanding of the present day practices together with a number of possible recommendations.  This document will be made available to all interested persons and posted on the inquiry website.

3. Any responses to this document and recommendations shall be sent to the Inquiry secretariat by 4pm on 14^th December.

4. There will be a public meeting on 18^th December at which paragraphs 2 and 3 of the terms of reference will be considered.  Any person who wishes to speak briefly on any of the problems which have emerged, with particular reference to possible recommendations, will be permitted to do so.

 Directions issued by Lord Justice Clarke at the Preliminary Hearing on 24th March 2000

1      This note sets out the procedures and provisional timetable that Lord Justice Clarke intends 
        to adopt for the  Inquiry into the identification of victims following major transport accidents. 

2      This is a Non-Statutory Inquiry.  It is Lord Justice Clarke’s intention that, subject to 

        considerations of  privacy, confidentiality and the public interest, the Inquiry will be as open 

        and public as possible.  However, in contrast to the Formal Investigation there will be no

        "parties” to the Inquiry, nor is there any set procedure for it to follow.  The Inquiry has no 

        power to compel production of documents or attendance of witnesses.  The Inquiry will be

        conducted fairly and in accordance with the rules of natural justice.  However, there will be no

        automatic right to call or examine witnesses at any hearings that might be held.

3     It is envisaged that the Inquiry will be divided into two parts. Part 1 will be concerned with 

       paragraph 1 of  the Terms of Reference, and Part 2 with paragraphs 2 and 3 of the Terms of 

       Reference. 

Part 1 

4    Hearings for Part 1 will be in public and in so far as is possible commence immediately after 

      the conclusion  of the Formal Investigation into the collision between the MARCHIONESS and 

      the BOWBELLE.  The  hearing of the Formal Investigation is likely to commence early in 

      October 2000 with a time estimate of 6  weeks.  Accordingly, the hearings in relation to Part 1 

      of the Non-Statutory Inquiry are likely to take place in  mid November 2000. 

5     The Secretary to the Inquiry will shortly be writing to certain individuals and organisations for 

       the purpose of obtaining statements and documents relevant to Part 1 of the Inquiry. I f any 

       person believes that they hold  relevant documents or believes they have relevant evidence to 

       give, they should notify the Secretary to the  Inquiry as soon as possible and in any event no 

       later than the 20th April 2000.  However, it will ultimately be  for the Inquiry to decide from 

       whom it wishes to hear oral evidence at the Part 1 hearing.

6     The Inquiry Team will, pursuant to a direction given by Clarke LJ at the preliminary hearing on 

       21st March   2000, indicate by 15th July 2000, which witnesses they intend to call to give 

       evidence at Part 1 of the  Non-Statutory Inquiry and make available statements of those 

       witnesses.

7    Any other person who wishes to give evidence or who wishes the Inquiry to hear particular 

      evidence at Part 1 of the Non-Statutory Inquiry should submit a written statement of that 

      evidence by 10th September 2000.   

8    Evidence will not be given on oath at Part 1 hearings and witnesses will, in the main, be 

      questioned by the  Inquiry or by Counsel to the Inquiry.  The Inquiry will consider applications 

      by any other person or his/her legal representatives to question a witness.  However, it will be a 

      matter for the Inquiry to decide whether any such questioning will be permitted, or the extent to 

      which it will be permitted.  Where practicable,  advance notice should be given of any such 

      application.

9    In relation to Part 1 of the Inquiry, any submissions which any interested person wishes to 

      make should be  made to the Inquiry, in writing, by no later than 25th September 2000. 

10   At the discretion of the Inquiry, interested persons or their legal representatives may be 

       permitted to make short oral submissions at the conclusion of Part 1 hearings.

Part 2 

11   It is intended to place an advertisement in the national press inviting written submissions in 

      relation to Part 2  of the Inquiry. 

12   If any person has any written submissions, which they wish to make in relation to Part 2 of the 
      Non-Statutory Inquiry, those submissions should also be sent to the Inquiry Team by 25th 

      September 2000. 

13   There will be no formal hearings for the taking of evidence in Part 2 of the Inquiry but the 

       Inquiry may wish  to hear in person from particular individuals or organisations.  This will done

       by way of informal hearings,  taking the form of a dialogue between the Inquiry (or Counsel to 

       the Inquiry) and the individuals(s)  concerned.  Interested members of the public may attend

       those hearings if they wish but it is not anticipated  that questioning will be permitted from

       anyone other than the Inquiry or Counsel to the Inquiry.  Any such  hearings will be held after 

       the conclusion of Part 1 hearings.

Website 

14  A website will be set up which will list all documents held by the Inquiry relevant to the Terms of 

      Reference.  Subject to considerations of privacy, confidentiality and the public interest, Copies 

      of documents listed on  the website be available upon request.