BIN lorry driver Harry Clarke will not face a DVLA prosecution over the Queen Street tragedy, an inquiry has heard. 

Sheriff John Beckett leading a Fatal Accident Inquiry (FAI) into the crash was told that Mr Clarke - who has already been told by the Crown Prosecution Service (CPS) that he faces no criminal charges - will not be prosecuted in England or Wales.

It had previously been claimed that Mr Clarke could be the first person in the UK to be prosecuted for offences such as failing to disclose a medical condition or making a false declaration to the DVLA. 

But Rhoderick McIlvride QC, representing the DVLA, said: "I am authorised to advise that the issue has been under consideration but the DVLA recognise that this is a matter for the Crown Office and the DVLA will not be taking the matter any further." 

The Crown Office initially stated in February that they would not prosecute Mr Clarke and Solicitor General Lesley Thomson QC confirmed this position on Wednesday - despite claims that he lied to the DVLA, doctors and his employers about previous medical problems including a "black out" at the wheel of a bus in 2010.

Following the Crown confirmation , a representative for one of the families said they were "not surprised" but "disappointed".

Sheriff Beckett has asked if families plan to raise private prosecutions and said Mr Clarke may be given a warning ahead of giving evidence that he does not have to say anything that might incriminate him. 

The inquiry, which heard its 17th day of evidence at Glasgow Sheriff Court today, was also told that Clarke would could still be driving if it hadn't started so promptly. 

Mr Clarke's driving and LGV licences were restored in April, four months after the crash, but revoked again in June. 

This was because of medical evidence given to the DVLA, before the FAI, which showed that Mr Clarke had a history of blackouts. 

Ronald Conway, who is representing the family of crash victim Stephenie Tait, asked Dr Gareth Parry, a medical adviser for the DVLA: "In the absence of an FAI it is unlikely this information would have come to you."

He added that in many cases FAIs do not "proceed for years" and said: "In this case Mr Clarke would have had his HGV and ordinary licence."

Dr Parry replied: "That is correct."

The inquiry has previously heard that Mr Clarke's licence was restored in April despite the DVLA being told about Mr Clark losing consciousness behind the wheel of a bus in 2010 by police.

Mr Parry said the information was not treated as an official notification. 

Mr Conway added that a log of calls made by Mr Clarke show that he "chivvied up the DVLA" to get his licence back as soon as possible but that he failed to point out the 2010 incident during the contact. 

Paul Reid, who is representing Harry Clarke, told the inquiry that the DVLA was made aware that he was under the care of a cardiologist following the bin lorry crash.

They were also given the permission to request more information from his consultant but did not follow up on this, he said. 

He added that it was "easy to point the finger" but that the DVLA licence system had "failed at every turn". 

Mr Reid said to Dr Parry: "It is easy to scapegoat the individual but your had all the relevant paperwork and permission to investigate further."

Dr Parry said that the decision to reinstate the licences was taken on the basis of a doctors diagnosis of neurocardiogenic syncope.

Mr Reid added: "But this was the wrong decision." 

Mr Parry said: "It was a decision made on the basis of the information that we had."e inquiry also heard from Francis McCann who was Mr Clarke's manager when he worked at First Bus.

The inquiry has previously been told that disciplinary action was taken against Mr Clarke when he worked as a bus driver with the company. 

This related to his sickness record and he was placed under suspension for arriving at bus stops ahead of time but left the company to join the council before attending a disciplinary hearing.

Mr McCann filled in an 'Exit Form' in which he said there were no issues with Mr Clarke's attendance, conduct or early running.

He explained that the disciplinary issue for which Mr Clarke was suspended took place after the form was filled out.

Mr McCann said he "can't remember" filling out a reference for Mr Clarke for his new employer, Glasgow City Council, but said if he had he would have detailed that he "resigned under suspension".

No reference from First Bus is contained in Harry Clarke's council personnel file and the inquiry has been told previously that despite searches it has never been located. 

Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, all from Dumbarton, died when a bin lorry lost control in Queen Street and George Square on December 22 last year. 

Glasgow Times:

Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow and Gillian Ewing, 52, from Edinburgh, were also killed when the truck mounted the pavement before crashing into the side of the Millennium Hotel.  

The inquiry continues.