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The Nimrod Review - Official Documents

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<strong>The</strong> <strong>Nimrod</strong> <strong>Review</strong><br />

(2) QinetiQ failed to check that BAE Systems sentenced risks in an appropriate manner<br />

using appropriate data.<br />

11.283 In my judgment, QinetiQ failed to take adequate steps to ensure or check that BAE Systems sentenced risks in<br />

an appropriate manner using appropriate data.<br />

11.284 As ‘independent advisor’ in relation to the NSC, QinetiQ should have taken steps to satisfy itself as to the<br />

following matters: (1) that BAE Systems only used appropriate mitigating evidence to sentence hazards; (2) that<br />

BAE Systems did not use MRA4 data to sentence MR2 and R1 hazards (which Chris Lowe had eschewed at<br />

the first ‘Inaugural’ PSWG Meeting on 18 March 2002); (3) that BAE Systems used quantitative and qualitative<br />

mitigation evidence appropriately to sentence hazards; (4) that the ‘checklist’ (which BAE Systems had referred<br />

to at the ‘scoping’ meeting at Chadderton on 19 May 2003) was appropriate and was in fact used to sentence<br />

hazards, (5) that the final BAE Systems’ BLSC report(s) included a statement that ‘past reliabilities data’ would<br />

not demonstrate future reliability (which Witness L [QinetiQ] insisted on at the ‘scoping’ meeting on 19 May<br />

2003); and (6) that mitigating evidence in fact used in the NSC reports reflected these points appropriately. As it<br />

was, QinetiQ failed to take any steps to ensure that such advice that it did give in relation to these matters was<br />

properly followed through.<br />

(3) QinetiQ failed to check that BAE Systems included risk mitigation evidence in the<br />

BLSC Reports.<br />

11.285 In my judgment, QinetiQ failed to take adequate steps to ensure or check that all risk mitigation evidence was,<br />

in fact, properly included by BAE Systems in the final NSC Reports.<br />

11.286 As explained in Chapter 10A, Martyn Mahy had insisted in an e-mail to the <strong>Nimrod</strong> IPT dated 24 June 2004,<br />

as a pre-condition to supporting the sign-off of the BLSC Reports, that “...all the risk mitigation evidence is<br />

included in the final safety case report”. It appears, however, that QinetiQ failed to take any steps to satisfy itself<br />

that this was in fact the case before it supported the sign-off (see further below).<br />

(4) QinetiQ failed to advise the <strong>Nimrod</strong> IPT properly at the Customer Acceptance<br />

Conference, failed to ask intelligent questions, and succumbed to pressure to be<br />

party to a ‘consensus’ that BAE Systems had completed the NSC task.<br />

11.287 In my judgment, QinetiQ failed to advise the <strong>Nimrod</strong> IPT properly, or protect the <strong>Nimrod</strong> IPT’s interests, at the<br />

Customer Acceptance Conference, failed to ask intelligent questions, and succumbed to pressure to be party<br />

to a ‘consensus’ that the BAE Systems had completed the NSC task. QinetiQ allowed the <strong>Nimrod</strong> IPT to agree<br />

that BAE Systems had properly completed the NSC task when QinetiQ did not have a proper basis for assuming<br />

this was the case.<br />

QinetiQ sent an ill-prepared representative to Customer Acceptance Conference<br />

11.288 <strong>The</strong> purpose of the Customer Acceptance Conference at Chadderton on 31 August and 1 September 2004<br />

was for BAE Systems to present the results of Phase 2 of the NSC and to demonstrate to the satisfaction of<br />

the <strong>Nimrod</strong> IPT and QinetiQ that the contractual requirements of PDS Task 06-3409 had been satisfied. It was,<br />

therefore, an important meeting. QinetiQ sent Witness O [QinetiQ] to the meeting because Martyn Mahy was<br />

unfortunately unavailable at the last moment. Witness O [QinetiQ] had no familiarity with the NSC, had not<br />

been properly briefed, and had insufficient time to familiarise himself with the relevant issues. In my judgment,<br />

he was ill-prepared for the meeting and it was inappropriate for QinetiQ to have sent him.<br />

BAE Systems Presentations<br />

11.289 <strong>The</strong> nature of the presentations given by BAE Systems and what transpired at the meeting are set out in detail<br />

above and in Chapter 10A. For present purposes, it is important to remember that BAE Systems did not hand<br />

out copies of the six deliverable reports at the meeting, did not draw attention to the fact that it had left<br />

over 40% of the hazards “Open” and over 30% “Unclassified” (many with only vague recommendations) and<br />

represented that the NSC task had been completed.<br />

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