UNION bosses today welcomed news that a fire authority is to be prosecuted over the death of a Lancashire officer who drowned during an underwater rescue attempt.

The Health and Safety Executive said it intended to prosecute Greater Manchester Fire and Civil Defence Authority following the death of part-time Rossendale firefighter Paul Metcalf in September 1999.

Mr Metcalf, 40, drowned after his lifeline became snagged on branches as he tried in vain to save teenager Reyaz Ali from a lake at Simon's Lodge, Holcombe Brook.

Reyaz, 16, a New Zealander studying at the nearby Darul Uloom Islamic College, was with friends when he swung on a rope into the lake. His body was recovered later.

The prosecution will be concerned with breaches of the duty under Section 2(1) of the Health and Safety at Work Act 1974 which states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

The maximum fine in a magistrates' court for breaching the Act is £20,000. The maximum penalty at Crown Court is an unlimited fine. A trial date has yet to be set.

Phil Micallef, vice-president of the Fire Brigades Union and Executive member for Lancashire, Greater Manchester, Cumbria and the Isle of Man, said: "We welcome the court action since it shows that this issue will not be swept under the carpet."

Paul, of Whalley Road, Shuttleworth, was a carpentry and joinery technician at Accrington and Rossendale College, but in his spare time he was a retained fireman. He is believed to have been trapped under the water for 15 minutes after a rope connecting him to the bank became snagged on debris in the lodge.

Fellow officers eventually pulled him to the shore but he died 20 minutes after arriving at hospital.

Paul, who was single, had served as a part-time firefighter in Ramsbottom for ten years and was promoted to the rank of sub-officer a year before he died.

He was awarded the Emblem of the Queen's Commendation for Bravery last year.

Following the tragedy, union bosses criticised the fire brigade for failing to introduce a proven water rescue policy and provide the appropriate rescue equipment. A national water rescue policy has since been introduced.

After the tragedy 150 lifejackets were supplied to Greater Manchester fire crews to help them during waterborne rescues and buoyancy aids were supplied to each of the 67 pumps in the brigade. Jackets were provided for crews on emergency salvage tenders.

Paul was posthumously awarded the Emblem of the Queen's Commendation for Bravery last year.

The prosecution will be concerned with breaches of the duty under Section 2(1) of the Health and Safety at Work Act 1974 which states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

The maximum fine in a magistrates' court for breaching the Act is £20,000. The maximum penalty at Crown Court is an unlimited fine. A trial date has yet to be set.

A spokesman for Greater Manchester Fire Authority said: "The authority has been notified via a telephone call from the Health and Safety Executive of their intention to prosecute following the death of sub-officer, Paul Metcalf in September 1999.

"Since the death of Sub Officer Metcalf, Greater Manchester Fire Authority has fully co-operated with the inquiries of the Health and Safety Executive.

"A full internal investigation has also been undertaken and the full content of that investigation was supplied to the Health and Safety Executive.

"The Fire Authority is unable to comment on the specifics of any prosecution at this time."