The Scottish Government’s response to the recommendations made in a Fatal Accident Inquiry following the Cameron House tragedy “do not go far enough”, it’s been claimed.
In January, Sheriff Thomas McCartney said changes should be made and highlighted “multiple defects” after a blaze at the Loch Lomond hotel claimed the lives of Richard Dyson, 38, and Simon Midgley, 32.
The couple died in the fire on December 18, 2017, which started after a night porter dumped a bag of fireplace ash in a cupboard.
Mr Midgley’s mother Jane has tirelessly fought for answers and led a campaign for a Fatal Accident Inquiry after the Crown initially said one would not be held.
The Scottish Government confirmed it has now accepted two recommendations, but Dumbarton MSP Jackie Baillie says more action needs to be taken.
The recommendations for the government included considering introducing a requirement for sprinkler systems to be installed when historic buildings are converted to hotels.
The sheriff also suggested that experts should explore “special risks” in existing hotels and similar premises caused by hidden cavities, varying standards of workmanship, and the age of a property.
Cabinet minister Shona Robison, secretary for social Justice, housing and local government, has now sent the government’s official response to Sheriff McCartney.
Labour MSP Jackie Baillie said there is a gap in enforcement which still needs to be addressed.
She said: “While I welcome the Scottish Government’s acceptance of the recommendations directed to them and the action they have already taken to address these, I don’t believe they go far enough.
“The Scottish Fire and Rescue Service (SFRS) warned the hotel and followed this warning up, however nothing appears to have been done by the hotel.”
The inquiry heard the resort had been given two warnings by the SFRS, the latest being just one month before the blaze, over the storing of flammable materials in the concierge cupboard near a source of ignition.
In his recommendations, the sheriff said SFRS should reduce the time period between a fire safety audit inspection and the issue of a written outcome report, which it has accepted.
Ms Baillie added: “The legislation which currently exists will only allow for enforcement orders to be made when there is a serious and imminent risk to life. The circumstances at Cameron House were never going to meet this criteria but were severe enough to lead to a devastating fire with tragic consequences. This gap in enforcement must be addressed.
“The families of those who lost loved ones, particularly Jane Midgley who fought so hard for this FAI to be heard, deserve more.
“They need to know that lessons are not just learned but are robustly acted on to stop other people from going through the turmoil that they have had to endure.”
Jane is calling for recommendations made to be acted upon without delay, commenting: “We’re now in the sixth year and nothing has changed. How long is all this going to take? There’s been plenty of time.
“This has got to be acted on now.”
In January 2021, Cameron House Resort (Loch Lomond) Ltd was fined £500,000 after admitting to breaches of fire safety rules and porter Christopher O’Malley, from Renton, was given a community payback order over the fire.
A Scottish Government spokesperson said: “Our sympathies remain with the families of Mr Midgley and Mr Dyson.
“The Scottish Government has considered the Sheriff’s recommendations and has accepted them.
“As part of the work to consider this, a Short Life Working Group has been created which includes relevant internal and external stakeholders and will consider the wider aspects of these recommendations in more detail.
“The Scottish Fire and Rescue Service is an enforcing authority under the Fire (Scotland) Act 2005 and has responsibility for enforcing fire safety in hotels and other relevant premises across Scotland.
“All the critical elements of enforcement, ranging from the requirement to produce action plans to issuing prohibition notices are available to SFRS officers engaged in enforcement activity.”
