The director of the municipality on whose land a bonfire builder was killed was warned a few days before the tragedy of the risk of falling from large bonfires in the area.
The Belfast Telegraph has seen voluminous correspondence from a former police officer who repeatedly pleaded with the Mid and East Antrim Borough Council to intervene to improve safety at bonfires on his property.
John Steele died Saturday night when he fell from high up on the Antiville fire in Larne. The father of two was in his thirties. On Monday, the council — which has been torn by infighting and dysfunction in recent times — announced it was investigating the tragedy.
John Steele who died after falling from a bonfire in Larne
Last Tuesday – just four days before Mr Steele’s death – the former police officer wrote to the city’s interim director, Valerie Watts. Calling her attention to a video of the huge bonfire at nearby Craigyhill, he said it showed “not only the very real danger of falling from height without any fall protection, but also the extremely obvious risk of dropping pallets from height while they tried to pass it.” to the top of the structure”.
The Cairncastle Flute Band plays as the dismantled bonfire is lit during a vigil where a man died after falling from the bonfire at the Antiville Estate in Larne
The former officer, whose identity is known to us but has asked not to be made public, referred to DUP councilor Angela Smyth’s comment in this paper that there were now fewer complaints about the size and safety of bonfires. The person said neither Ms Smyth nor the council have “addressed the critical issue of fall protection and risk assessments”.
The previous day he had written to Mrs Watts’ secretary asking her to point out that “bonfire builders may work on the bonfire built on MEA Council land [at] heights that are unsurvivable if they fall while climbing up or down from the fire.”
The chief executive’s secretary told him his concerns had been brought to Ms Watts’ attention and that “a response will be given in due course”.
That message has been part of a long-term correspondence with the municipality since last year. Believing his concerns were not allayed, the man – who said his motivation was entirely about saving lives and not politics – launched a formal complaint against the council.
He cited several environmental and safety laws he believes were being violated and said there was an obligation to notify the council’s insurance companies of any bonfires taking place on his land.
He determined through Freedom of Information requests that the municipality had not conducted comprehensive risk assessments of bonfires on its land.
He also found that the municipality required other groups using their land to provide insurance certificates and risk assessments, even for events with much less obvious risks, but not for bonfires.
People at a vigil where a man died after falling from the bonfire at the Antiville estate in Larne
He questioned whether that fulfilled his obligations under section 75 of the Northern Ireland Act 1998, and asked: “Why are some people required to abide by these permit application rules and bonfire builders not? I had asked the question before because I cannot see how persons and bystanders making bonfires or attending the burning of the bonfires, such as those seen at Craigyhill, would be covered by insurance if they were injured or killed if due to the obvious inherent risks.
“Had the insurance company not been made aware of the full risks – and I don’t see how the insurance company could be made aware of these facts in the absence of a comprehensive risk assessment – I ask, would they reimburse any claim?”
In March, acting chief executive Nicola Rowles wrote to him to say that the council “believes that a county-wide strategy to manage bonfires is required” and he had raised the matter with the interim chief of the Civil Service.
In a forceful response, he said: “No one, and certainly not me, could not sympathize with the level of difficulty facing the council. The fact remains, however, that as a landowner, the buck stops at the council and no forums, multi-institutional groups or committees change that.
“Any sane person would certainly agree that climbing and disembarking at heights of up to 140 feet while building a bonfire made from pallets that are inherently unstable is a potential disaster waiting to happen.
“Personally I have had to testify before a coroner along with evidence in criminal trials etc. at all hierarchical levels of courts, from Magistrates Courts, County Courts, Crown Courts and the High Court. I can assure you that attending the coroner’s office is one of the most harrowing experiences imaginable.”
The man also raised concerns with the fire service, the Health and Safety Executive, the Northern Ireland Environment Agency (NIEA), the Department of Agriculture, Environment and Rural Affairs (DAERA) and the Department for Communities.
The fire service told him that “ultimate responsibility rests with the owner of the land on which the bonfire is built”.
In December, a senior official in the Department of Sinn Fein Communities Minister Deirdre Hargey wrote to him to say that “although Secretary Hargey is responsible for local government, her department’s job does not include the regulation of bonfires” and “there are very few steps in powers for departments to intervene in the affairs or functions of boards.”
In April, he met with DAERA permanent secretary Anthony Harbinson and NIEA chief executive Paul Donnelly. The former police officer said he was told they believed prosecution under available waste laws would not be appropriate, although he believed there was “clear evidence that the law was broken”.
He said: “No government agency wants to touch the issue. A man has died who should not have happened. I begged the Mid and East Antrim Council to act for the past year and was ignored.”
When asked what Ms Watts had done about the matter and whether the council will continue to build bonfires of unregulated size, the council said it “receives concerns from members of the public about bonfires and engages with the community and stakeholders on a regular basis.” , including through the Municipality’s Cultural Celebrations working group”.
“Questions or concerns related to bonfires are addressed by relevant departments and senior management within the council, and often in conjunction with statutory partners and/or through the council’s Cultural Celebrations working group. While building and lighting bonfires are not community-run events, we continue to work closely with the community and provide all possible support.”