Your editorial "Clear the fog" (Flight International, 11-17 May) makes the point that criminalising safety lapses in the Netherlands has resulted in reduced reporting of incidents in the country. The problem is potentially much worse. Criminalisation in one European Union state is likely to precipitate EU-wide ramifications.
Consider a fatal accident caused by a suspected air traffic control failure in one EU country, involving the death of passengers from another EU country. It now seems to have been made very easy for prosecutors in the victims' country, having started criminal proceedings there, to arrange the arrest of the controllers in their homes and to bring them to the victims' country and prosecute them there, probably according to local laws. The details depend on exactly how the new European Arrest Warrant system is implemented in various EU countries. It will, however, take only one cross-border prosecution of this type to escalate the effect you suggest. There may be preventative action that could be taken by individual EU states -- but they need to act fast.
The underlying question remains whether safety is increased by criminalising safety lapses. I hope that you will continue to encourage a vigorous debate on this important subject.
Anthony Fitzsimmons
Ince & Co International Law Firm, London, UK
Source: Flight International
