Offshore Helicopter Safety

[Sir Henry Bellingham in the Chair]

I beg to move,

That this House has considered offshore helicopter safety.

It is a pleasure to serve under your chairmanship, Sir Henry. As many of us are aware, the oil and gas industry remains very significant to our economy. Tens of millions of barrels are produced every year and hundreds of billions of pounds have found their way to the public purse in taxes over the years. The industry employs huge numbers of people, and I think we can be proud of what has been achieved, although many of us would have preferred to see Governments through the ’80s create some form of sovereign wealth fund to support our country in the leaner years, rather than squandering much of that money on tax cuts for the rich.

I am here to make the case for an independent public inquiry into the discredited offshore helicopter system and for much-needed reforms to the regulatory framework. Helicopter transport is the lifeblood of the offshore oil and gas industry, transporting some 50,000 workers to their workplace. The remoteness and number of North sea installations make helicopters the only viable mode of transport. Some of the issues I will raise about the maximising economic recovery policy and about commerciality might have been more appropriately addressed to the Department for Business, Energy and Industrial Strategy, but I trust that if the Minister cannot address them today, he will work with fellow Ministers to do so in writing.

It is important to recall the tragic statistics of recent times. Thirty-three offshore workers and helicopter crew have died as a result of accidents across the North sea in the past 10 years, and 65 workers and crew have been rescued in that time. In the UK sector, there have been five helicopter accidents, two of which were fatal, taking the lives of 20 workers and crew. All the incidents have involved the Super Puma models H225 or AS332L2.

Three of the incidents, including the one that killed 16 workers and crew on 1 April 2009, were attributable to technical failures of the main rotor gearbox. The Super Puma fleet was grounded in October 2012 and had just returned to UK continental shelf operations when an AS332L2 ditched in the sea off Sumburgh on 23 August 2013, with the loss of four lives. A month after the August 2013 incident, the Civil Aviation Authority launched a strategic review of offshore helicopter operations, resulting in the publication of CAP 1145 on 20 February 2014. That is the regulator’s sole official response to date to the series of tragic incidents and close calls involving Super Pumas between 2009 and 2013.

Super Pumas returned in the North sea in 2015, but have been grounded since May 2016, following a fatal accident in Norway on 29 April 2016 that caused the deaths of all 13 crew and passengers on board. The helicopter involved was an H225 Super Puma. The final Accident Investigation Board Norway report in July could not establish the cause of the fatigue fracture in the gearbox-operated rotor that led to catastrophic mechanical failure, but it still managed to publish 12 recommendations. They included criticism of Airbus and the European Aviation Safety Agency for failures to act effectively on recommendations on fault detection systems from the April 2009 incident in the UK sector.

The overall impression for the North sea workforce was that once again the Super Puma had failed, with deadly consequences. The trade unions, particularly the National Union of Rail, Maritime and Transport Workers and Unite, sit on the committees and bodies established to promote higher safety standards in the industry, including helicopter operations. They share my concerns about this area of aviation regulation and are fully supportive of an independent public inquiry. That is not only a priority for those offshore workers on oil and gas installations that are still in production. The emergence of offshore wind as a growing element of the energy mix and the decommissioning of 1970s and 1980s-era infrastructure will require helicopter transport to deliver the workforce safely to the job and back home again for the next 10 years or more. Those workers are very much affected, too.

As an aside, I am told by the Prospect union that the withdrawal of helicopters has other impacts, with pilots and engineers losing out on personal licence payments when a helicopter is withdrawn for safety reasons. Will the Minister tell me how the pay of those workers can be protected?

We know that the manufacturer of the Super Puma, Airbus, has ceased production of the AS332L2. The Super Puma family, however, contributed to Airbus’s successful sales in 2018, with orders received for 17 Super Pumas, including the H225. Once known as the workhorse of the North sea, there is next to no prospect of it returning in either the UK or Norwegian sectors, yet that extraordinary collapse in confidence in one section of the offshore industry has merited little if any comment from the Government.

I met the Civil Aviation Authority last September and outlined my concerns regarding the Super Puma and the need for the CAA to be much clearer on its position. Due to the requirements it says it has in place, it told me that no one can see the Super Pumas re-entering service in the foreseeable future, even though the CAA had cleared them for use. What model will replace the Super Pumas and the S-92s in the long run? The Bell 525 is thought to be the only heavy model capable of operating in the North sea. Industry figures are being invited to Texas to view the new model, but it is still to be licensed for commercial sale by the Federal Aviation Agency in the United States. No other heavy model is at such an advanced stage of development. The RMT estimates that it will take nearly two years to complete, so there is no prospect of new helicopters in the North sea until late 2020.

What assessment have the Government made of the new helicopter models for the North sea market? Is there sufficient capacity in the market? Is the existing fleet in the North sea being stretched to the limit, resulting in more and more downtime, as appears to be the case? We know from worker testimonials that there are problems with resource and downtime. One group gave an example. They checked in at 6.45 am, but due to technical issues, the workers ended up spending 12 hours in the heliport. The following day, that happened again. Workers had been there for a total of 22 hours. There is a long way to go before we can reasonably expect workers to be confident in the equipment—in this case, the helicopters—that is provided for them to be able to carry out their work.

While the CAA’s CAP 1145 document improved breathing apparatus, seating configuration and window design—I believe the windows are made bigger so that people can escape more easily—the perception among many offshore workers is that CAP 1145 is too heavily weighted towards survivability in a crash, rather than crash prevention.

In correspondence with the Government on the matter, I have received a series of broad-brush replies that have done nothing to address my core concerns or those of offshore workers in my Stockton North constituency—many people in my constituency work in the North sea—and elsewhere. The Minister said in an answer to my written question on commercial pressures:

“Offshore helicopter services provide a vital link to ensure the viability of the UK’s oil and gas industry. High standards of air safety are a fundamental concern in ensuring these services are commercially viable.”

My hon. Friend is making a powerful case. I am interested that he has referred to the large number of oil and gas rig workers across the country. I imagine that in practically every constituency, someone will work in this line of work. Their safety is paramount.

That is most certainly so. I bid for this debate because of the importance of this issue to people across the entire country who are involved in the industry.

In answer to my written question, the Minister went on to say:

“Through the Aviation Strategy, the Government will look at its role in supporting the commercial success of operators whilst balancing this against environmental and safety concerns.”

That is all very laudable, but it should be noted that the Government’s aviation strategy, like their maritime strategy, is for the next 30 years, yet the latest consultation document, which was published just in December, makes no mention whatever of offshore helicopter transport. Can the Minister explain that omission? If he cannot, offshore workers could be forgiven for thinking that their concerns are being brushed under the carpet.

The Transport Committee’s 2014 report found that the CAA review, which led to CAP 1145, said that the Government

“did not consider the evidence that commercial pressure impacts on helicopter safety in sufficient depth.”

The Government must convene a full independent public inquiry to investigate commercial pressures on helicopter safety in the North sea operating environment. That inquiry must examine the role and effectiveness of the CAA.

I am grateful to the hon. Gentleman for leading the debate, and furnishing us with his knowledge about helicopters. A recent International Civil Aviation Organisation report talked about the potential ban on single-engine helicopters for commercial flights, despite engine failure being responsible for only one of 19 fatal incidents in the last 10 years. Constituents have written to me saying that 49 of the 62 deaths caused by helicopter crashes were caused by pilot error. Does he agree that we should look at that evidence presented by the ICAO?

We should look at all the evidence relating to helicopters. That is why I am seeking a public inquiry to examine all the issues, to ensure that we come to the right conclusions and can plan a way forward. I have flown in offshore helicopters—I was not an offshore worker; I worked in public relations for the gas industry. I admire anybody and everybody who steps on to a helicopter, because it can be an uncomfortable time.

The detail of the hon. Gentleman’s speech is fascinating and very important. Does he agree that any worker going offshore must have confidence in their colleagues and their company that the helicopter in which they are travelling will keep them safe, and that they should not be put in a position where their health and safety is put below company profits?

There is no doubt that that must be the case. As I said, I have flown on these machines myself. I wanted to be assured that everything was good. When I went, there was a group of us, and because we were inexperienced—we had never been offshore before—we had a safety man sitting next to each and every one of us to reassure us and to help us through the journey. It is critical that people have that confidence. However, people are turning up time and again to fly offshore only to be told, “Sorry, you can’t go now. There are technical issues.” Four hours later, they are given a lunch voucher, and told, “Sorry, there are still technical issues.” That does not build confidence among those who have to work offshore.

The Government rejected the Select Committee’s recommendation, and claimed that there was no evidence to support the assertions about commercial pressure and offshore helicopter safety that had persuaded the Committee to make the recommendation. Yet trade unions on the offshore helicopter safety leadership group tell me that discussion of the CAP 1145 recommendation has gone nowhere because the contractors will not jeopardise their commercial relationship with the oil and gas companies.

I am told that the CAA sits on the offshore helicopter safety leadership group—quite a mouthful—but does not take a proactive role in trying to move that issue along and to tackle the core confidence issues affecting the workforce. To my knowledge, the OHSLG has yet to take concrete action to rein the oil companies in, although I am advised that the industry is looking at a draft principle in Oil & Gas UK’s supply chain code of practice that would state:

“Contract cancellations should not be without good reason or cause. If an operator or contractor must have the ability to terminate a contract then the circumstance or risk should be outlined, explained and understood—not hidden.”

To me, that smacks of self-regulation, and is simply not good enough in such an unbalanced customer-contractor relationship. The helicopter operators are not even signatories to the existing supply chain code of practice, so they are not even within scope of the industry’s self-regulatory framework. I would be grateful for the Minister’s response to that problem, and to know what he plans to do to give teeth to some parts of the regulatory chain.

It is a pleasure to serve under your chairmanship, Sir Henry. I congratulate the hon. Member for Stockton North (Alex Cunningham) on securing such an important debate.

Oil and gas is of enormous importance to Gordon, to the constituencies of the hon. Member for Aberdeen North (Kirsty Blackman) and my hon. Friend the Member for Banff and Buchan (David Duguid), and to several other constituencies in the north-east of Scotland. Aberdeen International airport is the transit hub of the UK continental shelf oil and gas industry, with the busiest heliport in the Western world, if not the entire world, and I am very proud to say that it is in my constituency.

As the hon. Member for Stockton North recognises, the oil and gas industry supports 280,000 jobs in the UK. Along with the Norwegian sector, the UK continental shelf is considered the most safety-conscious offshore industry in the world. Industry and regulators recognise that helicopters are the only practical means of transporting the workforce to and from the rigs; as he well knows, it takes up to an hour and a half in a helicopter to get to the rigs, let alone to the operations in Orkney and Shetland.

There are many areas that we can agree on. I have visited dozens of oil and gas businesses and all the helicopter operators, and as the hon. Gentleman says, they all live by the same motto: “The safety of our workforce comes first. If there are safety concerns, helicopters do not fly.” We all recognise that the North sea is a hostile environment and that hydrocarbons pose serious hazards, but what is important is how we manage the risks. Helicopters are essential to the North sea— without them there would be no industry—so we all want a safe means of transport to and from the rigs. It is important that public confidence be maintained, particularly among those who work offshore, many of whom live in the north-east.

There is excellent workforce engagement. As the hon. Gentleman mentioned, Step Change in Safety has various safety initiatives that have brought the various parties on board. Workforce engagement has come a long way in the past 20 or 30 years: operators, oil and gas producers, the supply sector, the trade unions and offshore workers meet regularly, and Step Change has been instrumental in giving everyone an equal voice. It is worth mentioning that trade unions represent only 10% of the North sea offshore workforce.

The industry has an excellent track record of engaging with the entire workforce. It has very high salaries, is technologically very advanced, is important to the economy of Scotland and the entire UK, and has inclusive umbrella representation. The Oil and Gas Authority, which looks after deals in the sector, tries to encourage organisations to work together—that is a big part of the extension of oil and gas in the North sea well into the middle of this century. There is a new national decommissioning centre in Newburgh, which is also in my constituency, and a planned national subsea centre. Oil and gas is an industry in which the companies and the workforce are encouraged to co-operate; it may be unusual among sectors, but commercially it is very co-operative. It is also progressive and driven by technology—one might say that it is the space industry of the United Kingdom economy. It has made enormous leaps.

As I understand it, the Super Pumas are no longer in use because the CAA has put such stringent conditions on them that they are not commercially viable to run. Does the hon. Gentleman agree that although the industry as a whole may continue to consult, the consultation activity directly related to helicopter safety has reduced? Airbus did not bother holding the town hall meetings that it promised, while meetings of the OHSLG have been few and far between.

I recognise what the hon. Gentleman says, but I think Airbus did not hold the town hall meetings because it realised that that approach was not constructive. The workforce have told the commercial part of the organisation that they no longer want to board the Super Puma. The industry has well and truly recognised that, and has not tried to force the Super Pumas back in.

Let me move on to resilience. There are three main airframes that operate in the North sea. The other day I had a meeting with Oil & Gas UK, which is doing a review of resilience. There is no pressure to bring the 225 back in, because if there is a fault and one of the three helicopters ends up grounded for a week or two, there will still be absolute resilience in the system—obviously at any one time there are crews on the rigs, but they can be operated with fewer crew. I understand that if one of the main helicopters has to be grounded, the Super Puma 225 will not have to be brought in, because it will be easier to bring in helicopters from elsewhere.

I am trying not to discuss Brexit at every opportunity, but the plan is for us to have associate membership of EASA, and the CAA has a contingency arrangement of recognising EASA licences. People I have met in the helicopter companies are reasonably comfortable that there are contingency arrangements that will not jeopardise resilience with respect to the crew or helicopters that are operating, or other helicopters being brought in.

As the hon. Gentleman says, aviation in the oil and gas industry is regulated independently of other organisations. Following research projects and learning from tragedies, the Civil Aviation Authority has drawn up a list of improvements, including prohibiting flights in severe weather in case of ditching, ensuring that there are emergency breathing systems, and managing the largest passengers in case of escape—it is a fact of modern society that passengers are getting bigger, so escape hatches have had to be made bigger.

The air accidents investigation branch is well respected. The Transport Committee’s 2014 report, which the hon. Gentleman mentioned, included a request that the AAIB stay in far closer contact with victims’ families. We recognise that those families’ experiences are enormously traumatic, so it is important that the AAIB stay much more closely in touch with them while it goes through its process. The Committee’s thorough findings highlighted several issues that have been acted on—it is all in the public domain. What I am trying to say is that oil and gas is not an industry that is in hiding; it is a very public industry with several very effective regulators. It is being open and is working closely with its workforce—not just the 10% in the trade unions, but the rest of the offshore workforce. As I said, there is also a clear plan for when we leave the EU.

It is a pleasure to serve under your chairmanship, Sir Henry. I congratulate the hon. Member for Stockton North (Alex Cunningham) very warmly on obtaining this debate

The hon. Member for Gordon (Colin Clark) spoke about the importance of the oil and gas industry to north-east Scotland and to my constituency of Orkney and Shetland. He is absolutely right. He also spoke about the safety culture in the industry, and he is right about that as well. However, it is sensible for us all to remember why that safety culture is as it is. Let us not forget that it was the Piper Alpha tragedy and the inquiry that followed, conducted by Lord Cullen, that really brought that culture right back to where it needed to be. The danger is that the further away we get from an incident like that, the more likely people are to forget the reasons why we have the rules that we do.

As the hon. Member for Stockton North said, there is a lack of confidence among the North sea workforce about helicopter safety. Whether that is right or wrong, justified or not, there is no escaping that fact. It is a legitimate question for us parliamentarians to ask what can be done to restore that.

The oil and gas industry in the North sea and to the west of Shetland is absolutely crucial to the continuing growth and performance of our economy. The effective and safe operation of helicopters within that industry is absolutely central to it. I still have concerns about whether a public inquiry is the best way forward. My principal concern relates to my experience of the 2013 crash of the Super Puma off Sumburgh Head at the south end of Shetland; I was the constituency MP, although the four people killed were not constituents of mine. They came from different parts of the United Kingdom, from Inverness all the way down to Winchester.

Does the right hon. Gentleman agree that it is outrageous that families are left having to wait so long? I appreciate that there are many reasons for that, but the work of the AAIB must be done in conjunction and collaboration with other bodies, and it should not thwart any proceedings by the Crown. Families who have suffered deserve better.

I agree with the hon. Lady up to a point. There will be occasions when it is absolutely crucial that the AAIB should proceed in the way that it is doing. It should not insist on proceeding in that way on every occasion, instead of exercising a measure of judgment and discretion about the information that can be shared at any stage with the police, the Procurator Fiscal Service and Crown counsel; that would indicate that we had two public bodies that were focusing solely on their work, rather than on the interests of the families.

The only people not given proper consideration in this process are the families. It is unacceptable that those families still do not know whether there are to be criminal proceedings or a fatal accident inquiry, five and a half years after the deaths of their loved ones. That does not allow them the closure that they absolutely deserve and need. That goes to the point made by the hon. Member for Stockton North about a public inquiry. When the sheriff has made his or her determination, there almost certainly will be a fatal accident inquiry, which will have the opportunity to make recommendations, and which might involve issues that would be appropriate for a public inquiry, but unless and until we get to the stage of having the FAI, we simply do not know that.

I hope that the Minister has heard what I have said about the work of the AAIB, and I hope that the Lord Advocate and those in the Crown Office in Edinburgh have heard. Even though they did not get to the starting line until March 2016, the fact that in February 2019 we still have no final determination from Crown counsel suggests to me that the Crown Office is also not beyond a measure of criticism. I know about fatal accident inquiries—I worked for three years in the Procurator Fiscal Service many years ago—and I know they are technical and difficult cases that require thorough preparation, but it is getting on for three years now; surely to goodness there is enough to bring a case to court, or at the very least for a decision about which course of action will be pursued.