CALLS to better protect workers across Scotland have been made following the deaths of three men when a tugboat sank on the Clyde.

Unite's union leader in Scotland also wants major reforms to the country's legal system, while claiming that funding to enforce safety in the workplace has been slashed.

Pat Rafferty, Scottish secretary of Britain's biggest trade union, spoke out after the Crown Office announced this week that two companies are to stand trial at the High Court five years after the Flying Phantom capsized in thick fog.

The incident claimed the lives of tugboat skipper Stephen Humphreys, 33, from Greenock, Eric Blackley, 57, from Gourock, both Inverclyde, and 65-year-old Robert Cameron from Houston, Renfrewshire.

Brian Aitchison, 37, a fourth crew member from the Borders, swam to safety.

The accident happened on the evening of Wednesday, December 19, 2007.

The Flying Phantom ran aground in dense fog opposite Clydebank College before overturning.

It had been towing the bulk carrier Red Jasmine to Glasgow when the operation ran into trouble.

A Fatal Accident Inquiry has never been held, although a report by the Marine Accident Investigation Board criticised boat owner Svitzer Marine and the river port authority, Clydeport Operations.

Both companies will now appear before the High Court to face charges under the Health and Safety at Work Act.

Mr Rafferty welcomes the decision to take court action.

He said: "We hope today represents the first steps on the road to justice for the families devastated by the deaths of their loved ones.

"The case of the Flying Phantom shines a light on why we need reform of the Scottish justice system, especially in areas like corporate homicide and the Fatal Accident Inquiry process."

But he wants to know why recommendations by marine investigators cannot be legally enforced, the identity of the individuals allegedly responsible for safety failures at Clydeport and Svitzer and why it's taken five years to decide on legal action.

Mr Rafferty said: "Lives in the workplace must be better protected. The case of the Flying Phantom and rising workplace fatalities show we need stronger legislation to achieve this."

gordon.thomson@ eveningtimes.co.uk