Public Office (Accountability) Bill 2024-26

31

Clause 2, page 2, line 23, at end insert—<br> “(ba) their failure to act, omission, or approval or tacit approval of an action are or may be relevant to the inquiry or investigation, or”

<p>This amendment clarifies that an indirect wrongdoing would be considered as an occurrence of misconduct or failure when examined as part of an inquiry, investigation or inquest.</p>

42

Clause 2, page 2, line 35, at end insert—<br> “(ca) where the authority or official has relevant records, including digital messages and communication, retain and disclose those records;”

32

Clause 2, page 2, line 39, at end insert—<br> “(f) ensure all relevant public officials can safely disclose information to an inquiry, investigation or inquest.”

<p>This amendment requires public authorities or officials who assisting an inquiry, investigation or inquest to demonstrate that they have taken steps to ensure relevant persons can safely disclose information relevant to an investigation.</p>

18

Clause 2, page 2, line 39, at end insert—<br> “(4A) Where a public authority or public official is under an obligation to respond to or assist an inquiry or investigation under subsection (4) they should do so within 30 working days.”

19

Clause 2, page 3, line 6, after “expeditiously” insert “and within 30 working days”

35

Schedule 1, page 25, line 23, leave out from “direction” to the end of the sub-paragraph and insert “should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this <br>sub-paragraph.”

<p>See Amendment 38.</p>

36

Schedule 1, page 28, line 38, leave out from “direction” to the end of the sub-paragraph and insert “should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

<p>See Amendment 38.</p>

37

Schedule 1, page 31, line 34, leave out from “direction” to the end of the sub-paragraph and insert “should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

<p>See Amendment 38.</p>

38

Schedule 1, page 34, line 15, leave out from “direction” to the end of the sub-paragraph and insert “should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

<p>Amendments 35 to 38 would extend the application of the duty of candour and assistance to the intelligence services but would disapply it to individual officers.</p>

20

Clause 3, page 3, line 19, leave out “as soon as reasonably practicable” and insert “within 30 working days”

29

Clause 4, page 4, line 19, after “authority” insert “or any sub-contractor in any chain of provision to a service provider”

<p>This amendment ensures that any person involved in providing a service to a service provider which was subcontracted will fall under the duty to comply with the duty of candour and assistance to an inquiry or investigation.</p>

54

Clause 5, page 5, line 18, after “objectives” insert “or are reckless as to whether it will do so,”

27

Clause 5, page 5, line 21, at end insert—<br> “(1A) If an offence under this section is proved to have been committed with the consent or connivance of—<br> (a) a senior officer of a public authority, or<br> (b) a senior officer of a body corporate with relevant public responsibility under section 4 of this Act, or<br> (c) a person purporting to act in such a capacity,<br> <span class="wrapped">the senior officer or person (as well as the public authority or body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.”</span>

<p>This amendment would hold senior officers liable for the offence of failing to comply with the duty of candour and assistance if it is proved that they consented or connived in that failure.</p>

33

Clause 5, page 5, line 21, at end insert—<br> “(1A) Where an offence under this section is committed by—<br> (a) a public authority, or<br> (b) a body corporate with relevant public responsibility under section 4 of this Act,<br> <span class="wrapped">the chief officer or chief executive (as well as the public authority or body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.”</span>

<p>This amendment would place a personal responsibility on the chief officer or chief executive of a public authority or a corporate body with public responsibility under Clause 4 for an offence of failing to comply with the duty of candour and assistance.</p>

44

Clause 5, page 5, line 21, at end insert—<br> “(1A) Where the duty falls on a public authority or other body, responsibility for the discharge of that duty falls on the Chief Officer or Chief Executive for the purposes of this section.”

21

Clause 6, page 6, line 3, at end insert—<br> “(2A) Where an obligation to give notification would have arisen under section 2(3), save for the exemptions in subsection (2), the head of the relevant intelligence service must provide a written notification to the Intelligence and Security Committee of the UK Parliament summarising the acts that may be relevant to an inquiry or investigation.”

<p>This amendment aims to provide accountability for intelligence services and their operations in relation to the duty of candour and its exemptions from them.</p>

46

Clause 9, page 7, line 22, after “must” insert “take all reasonable steps to”

49

Clause 9, page 7, line 38, at end insert—<br> “(d) consult with representatives of recognised trade unions to promote co-operation in the making and maintenance of the code and in checking its effectiveness.”

47

Clause 9, page 8, line 1, leave out “set expectations” and insert “require”

48

Clause 9, page 8, line 1, leave out “should” and insert “must”

43

Clause 9, page 8, line 2, after “work” insert “including the retention and disclosure of digital records including messages relevant to their public functions”

<p>This amendment ensures that digital messages and records are added to the duty of candour in relation to inquiries and inquests.</p>

24

Clause 9, page 8, line 12, leave out “may” insert “must”

50

Clause 9, page 8, line 15, leave out subsection and insert—<br> “(b) the making by any person of disclosures which are protected disclosures in terms of section 43B of the Employment Rights Act 1996 or which would be such disclosures had they been made by a worker or employee, including information about any policies the authority has adopted in relation to the making of such disclosures;<br> (ba) the affording of enhanced protection to any persons making disclosures under paragraphs (a) or (b), including policies ensuring that those persons are not subjected to bullying, harassment or any other form of detriment in relation to the making of such disclosure;”

26

Clause 9, page 8, line 17, after “disclosures” insert “and to whom such disclosures should be made;<br> (ba) how a person making a protected disclosure under paragraph (b) is protected;<br> (bb) a list of prescribed people and bodies to whom a potential whistleblower may speak to in confidence about a relevant concern.”

<p>This amendment would require that a public authority’s code of ethical conduct includes information on whom a person can make a protected disclosure to and how that person would be protected.</p>

22

Clause 9, page 8, line 17, at end insert—<br> “(ba) the affording of enhanced protection to any persons making disclosures under paragraphs (a) or (b), including policies ensuring that persons are not subjected to bullying, harassment or any other form of detriment in relation to the making of such disclosure”

28

Clause 9, page 8, line 22, leave out subsection (6) and insert—<br> “(6) The Secretary of State must introduce a standard template for ethical conduct of conduct for completion by public authorities which satisfies the requirements in this section and which may be added to by public authorities to include information specific to their organisation or function.”

<p>This amendment would require the Secretary of State to introduce standard template to ensure a consistent and high standard approach to completion of code of ethical conduct documentation across public authorities.</p>

25

Clause 9, page 8, line 25, leave out “may” insert “must”

23

Clause 9, page 9, line 5, at end insert—<br> “(13) The Secretary of State must ensure appropriate and adequate funding is provided to enable public authorities to train public officials so that they are aware of the standards contained within the code of conduct relating to them.”

39

Schedule 2, page 41, line 14, at end insert—<br> “(ja) the intelligence services, or”

55

Schedule 2, page 41, line 32, leave out “or by the holder of a particular office”

59

Schedule 2, page 42, line 32, leave out lines 32 and 33

60

Schedule 2, page 42, line 38, leave out sub-paragraph (7)

40

Schedule 2, page 43, line 31, at end insert—<br> “(ia) the intelligence services, or”

<p>Amendments 39 and 40 would add the intelligence services to the lists of public authorities in Schedule 2 for the purpose of defining “public authority” in relation to this Bill.</p>

34

Clause 11, page 9, line 24, at end insert—<br> “(1A) Where an offence under this section is committed by a public authority, the chief officer or chief executive (as well as the public authority) is guilty of the offence and liable to be proceeded against and punished accordingly.”

<p>This amendment would place a personal responsibility on the chief officer or chief executive of a public authority for an offence of misleading the public.</p>

45

Clause 11, page 9, line 24, at end insert—<br> “(1A) Where the act or statement is made by or in the name of the public authority, responsibility for it lies on the Chief Officer or Chief Executive for the purposes of this section”

51

Clause 11, page 9, line 33, leave out paragraph (b)

30

Clause 11, page 10, line 4, leave out paragraph (b)

52

Clause 11, page 10, leave out lines 28 and 29

53

Clause 11, page 10, line 33, at end insert—<br> ““journalism” means articles for media outlets and news sites. It does not extend to press statements,commentary and social media posts.”

56

Schedule 3, page 44, line 27, after “national,” insert “or”

57

Schedule 3, page 44, line 31, after “section 5” insert “or section 11”

58

Schedule 4, page 46, leave out lines 33 to 37

NC3

To move the following Clause—<br> <b>“Offence of wilfully destroying information or records relevant to an inquiry or investigation</b><br> (1) A person commits an offence if—<br> (a) the person deliberately destroys relevant information or records relevant to an inquiry, investigation, or inquest;<br> (b) the person knows that, or is reckless as to whether, the information is relevant to or required by an inquiry, investigation, or inquest.<br> (2) A person who commits an offence under this section is liable—<br> (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);<br> (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);<br> (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);<br> (d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).”

<p>This new clause introduces an offence for wilfully destroying relevant records after a major incident that may lead to an inquiry or inquest.</p>

NC4

To move the following Clause—<br> <b>“Monitoring compliance with duties under the Act</b><br> (1) The Secretary of State must commission and publish annually an independent report which monitors public authorities’ compliance with their duties under the Act.<br> (2) The report must assess—<br> (a) public authorities’ record-keeping, disclosures and responses to inquiries and investigations;<br> (b) the effectiveness of enforcement and sanctions provisions in the Act in helping to ensure that public authorities and public officials perform their functions in line with the duty of candour in their dealings with inquiries and investigations; and<br> (c) the effectiveness of the provisions in the Act for supporting persons, including public officials, making protected disclosures and for reporting wrongdoings to an inquiry or investigation following a major incident.<br> (3) The Secretary of State must lay a copy of each report before both Houses of Parliament.<br> (4) The first report must be laid within the period of 12 months of the passing of this Act.<br> (5) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”

<p>This new clause requires the Secretary of State to commission and publish annually an independent report with the purpose of providing an oversight mechanism to monitor compliance with duties under the Act.</p>

NC5

To move the following Clause—<br> <b>“Conduct of public authorities and access to legal aid for seriously injured survivors who are participating in inquests or inquiries</b><br> (1) Legal aid must be made available, without a means test, to seriously injured survivors who are participating in inquests or inquiries where there are reasonable grounds for believing the matter under investigation relates to the conduct of public authorities tasked with carrying out public functions, or public officials working for bodies in a public capacity, in connection with the discharge of their public duties.<br> (2) The Secretary of State must, within three months of the Act receiving Royal Assent, make regulations to—<br> (a) add civil legal services to Part 1 of Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in connection with proceedings relating to seriously injured survivors who are participating in inquests or inquiries as under subsection (1);<br> (b) amend the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) for the purposes of providing criteria for a determination for legal representation in respect of cases under subsection (1).<br> (3) This section comes into force on the day on which this Act is passed.”

<p>This new clause would extend civil legal aid to seriously injured survivors who are participating in inquests or inquiries where the conduct of public bodies or public officials is in question.</p>

41

Clause 25, page 22, line 23, leave out subsections (1) to (8) and insert—<br> “This Act shall come into force on Royal Assent, save for sections 9, 10 and 18, which will come into force six months thereafter.”

<p>This amendment clarifies that the Act should come into force straightaway except for those sections which require the provision of codes or guidance.</p>

3

Schedule 1, page 26, line 30, at end insert—<br> “(1A) Inquiries under subsection (1) include those designated by the Secretary of State as local inquiries into grooming gangs.”

<p>This amendment would apply the Duty of Candour to the five local grooming gangs’ inquiries announced by the Government and any further ones established.</p>

6

Schedule 1, page 27, line 29, after “applies” insert “by virtue of this paragraph”

<p>This amendment is consequential on amendment 7.</p>

7

Schedule 1, page 30, line 18, at end insert—<br> “Part 2A<br> <b>Local authority inquiries</b><br> 3A <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">This paragraph applies where—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">a local authority in England has caused an inquiry (however described) to be established,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the terms of reference of the inquiry do not require it to determine any fact, or make any recommendation, that is not wholly or primarily concerned with a local authority matter,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the inquiry’s functions include the delivery of a report to the authority with a view to its publication, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">the authority has given written confirmation to the person leading the inquiry (“the chair”) that it appears to the authority that the inquiry is established in connection with an event or series of events in respect of which the condition in sub-paragraph (2) is met.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The condition is that the event (or series of events) caused, or created a significant risk of causing—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">death or serious physical or psychological harm, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">substantial economic loss to one or more persons as a result of conduct involving dishonesty, impropriety or a serious breach of ethical or professional standards.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">As soon as reasonably practicable after the start of the inquiry, the chair must (subject to sub-paragraph (11)) give a compliance direction—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">to a public authority or public official, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">to a person who had a relevant public responsibility in connection with an incident to which the inquiry relates,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">if it appears to the chair that the person’s acts are or may be relevant to the inquiry or that they otherwise have information likely to be relevant.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Sub-paragraph (3) does not limit the power of the chair to give a compliance direction at any other time during the course of the inquiry.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">Where a compliance direction is given to a public authority or body within sub-paragraph (3)(b), a compliance direction must also be given to the individual appearing to the chair to be in charge of that authority or body.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">A “compliance direction” is a direction to comply with the obligations under the duty of candour and assistance imposed by—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">section 2(4), and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in the case of a direction given to an individual under sub-paragraph (5), section 2(5).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">A compliance direction—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">must be given in writing;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">must set out the terms of reference of the inquiry;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">may specify particular requirements to be complied with (and for that purpose may specify the form and manner in which, and the period within which, those requirements are to be complied with);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">may be varied, supplemented or revoked by the giving of a further direction.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(8)</span><span class="sub-para-text">In determining the objectives of the inquiry for the purposes of complying with the duty of candour and assistance under section 2(4), regard is to be had (in particular) to the terms of reference as set out in the compliance direction.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">The reference to a report in sub-paragraph (1)(c) is to a report that sets out—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the facts determined by the chair, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the recommendations of the chair (where the purposes of the inquiry include the making of recommendations).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(10)</span><span class="sub-para-text">The provisions of the Inquiries Act 2005 (“the 2005 Act” ) listed in the first column of the Table apply, to the extent specified in the corresponding entry in the second column, to an inquiry in relation to which the duty of candour and assistance applies by virtue of this paragraph as they apply to an inquiry under the 2005 Act—</span></span><br> <table class="top-and-bottom tableleft width-100" cols="2"><thead class="bold italic centre"><tr><th><p>Provision of 2005 Act</p></th><th><p>Extent of application</p></th></tr></thead><tbody class="left"><tr><td><p>Section 17(1) and (2) (evidence and procedure)</p></td><td><p>Apply only in relation to procedure and conduct of inquiry so far as relating to requirements imposed under the duty of candour and assistance</p></td></tr><tr><td><p>Sections 19 and 20 (restrictions on public access etc)</p></td><td><p>Apply only in relation to restrictions imposed in respect of evidence etc given in compliance with the duty of candour and assistance</p></td></tr><tr><td><p>Section 21(3) to (5) (contents of, and challenges to, notices)</p></td><td><p>Apply to a compliance direction as they apply to a notice under <mref><ref class="valid" href="https://www.legislation.gov.uk/ukpga/2005/12#sec_21">section 21</ref> of <ref class="valid" href="https://www.legislation.gov.uk/ukpga/2005/12">the 2005 Act</ref></mref></p></td></tr><tr><td><p>Section 22(1) (privileged information etc)</p></td><td><p>Applies in respect of evidence etc given under the duty of candour and assistance as it applies to evidence etc given under <mref><ref class="valid" href="https://www.legislation.gov.uk/ukpga/2005/12#sec_21">section 21</ref> of <ref class="valid" href="https://www.legislation.gov.uk/ukpga/2005/12">the 2005 Act</ref></mref></p></td></tr><tr><td><p>Section 22(2) (public interest immunity)</p></td><td><p>Applies only in relation to evidence or documents that would otherwise be required to be produced under the duty of candour and assistance</p></td></tr><tr><td><p>Section 36 (enforcement by High Court or Court of Session)</p></td><td><p>Applies to a failure to comply etc with a compliance direction as it applies to a failure etc to comply with a notice under <mref><ref class="valid" href="https://www.legislation.gov.uk/ukpga/2005/12#sec_21">section 21</ref> of <ref class="valid" href="https://www.legislation.gov.uk/ukpga/2005/12">the 2005 Act</ref></mref>.</p></td></tr></tbody></table><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">Apply to a compliance direction as they apply to a notice under section 21 of the 2005 Act</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">Applies in respect of evidence etc given under the duty of candour and assistance as it applies to evidence etc given under section 21 of the 2005 Act</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">Applies to a failure to comply etc with a compliance direction as it applies to a failure etc to comply with a notice under section 21 of the 2005 Act.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(11)</span><span class="sub-para-text">A compliance direction—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">may be given only—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in respect of evidence, documents or other things that are wholly or primarily concerned with a local authority matter, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for the purpose of inquiring into something that is wholly or primarily a local authority matter;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">may not be given so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of His Majesty’s Government in the United Kingdom, the Scottish Ministers, the Welsh Ministers or a Northern Ireland Minister (including the First Minister and the deputy First Minister acting jointly);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">may not be given to a public official if it would require the official to provide information relating to security or intelligence, within the meaning given by section 1(9) of the Official Secrets Act 1989, and a public official is not required to provide any such information in response to a direction given in breach of this prohibition (but this paragraph otherwise applies to an intelligence service as it applies to other public authorities).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(12)</span><span class="sub-para-text">A person ceases to be subject to the duty of candour and assistance when the inquiry to which it relates comes to an end.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(13)</span><span class="sub-para-text">In determining when an inquiry established by a local authority comes to an end for the purposes of sub-paragraph (12), section 14 of the Inquiries Act 2005 applies as it applies to an inquiry under that Act as if—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">references in that section to the Minister were to the authority, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">subsection (4)(b) of that section were omitted.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(14)</span><span class="sub-para-text">In this paragraph—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">references to a local authority in England do not include a parish council;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">references to a “local authority matter”, in relation to a local authority, are to any matter—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">which relates to the area of the authority, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">in respect of which the authority exercises functions;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">“terms of reference”, in relation to an inquiry established by a local authority, means—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">the matters to which the inquiry relates;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">any particular matters as to which the chair is to determine the facts;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(iii)</span><span class="sub-para-text">whether the chair is to make recommendations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(iv)</span><span class="sub-para-text">any other matters relating to the scope of the inquiry that the local authority may specify;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">the reference to a person who had a relevant public responsibility in connection with an incident is to be read in accordance with section 4.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(15)</span><span class="sub-para-text">Paragraph 3 applies to a compliance direction given under this paragraph as it applies to a compliance direction given under paragraph 2.”</span></span>

<p>This amendment extends the duty of candour and assistance, and the related power to give compliance directions, so as to include certain local authority inquiries in England.</p>

8

Schedule 1, page 30, line 33, after “of the” insert “senior”

<p>This is a drafting refinement.</p>

9

Schedule 1, page 30, line 38, after “to the” insert “senior”

<p>This is a drafting refinement.</p>

10

Schedule 1, page 32, line 1, leave out “Schedule” and insert “paragraph”

<p>This is a drafting refinement.</p>

4

Clause 8, page 6, line 32, at end insert “, or<br> (c) an inquiry to which paragraph 3A of that Schedule applies (local authority inquiries);”

<p>This amendment is consequential on amendment 7.</p>

5

Clause 11, page 10, line 4, at end insert “by—<br> (i) a recognised news publisher, within the meaning of Part 3 of the Online Safety Act 2023 (see section 56 of that Act), or<br> (ii) a person in the course of working for such a publisher.”

<p>This amendment clarifies that the journalism exemption from the offence of misleading the public only applies to media entities and those that work for them.</p>

2

Clause 11, page 10, line 35, at end insert—<br> “(10) A prosecution for an offence under this section shall not be instituted except by or with the consent of the Director for Public Prosecutions.”

<p>This amendment requires the Director of Public Prosecutions to consent to the prosecution of anyone for the offence of misleading the public.</p>

11

Schedule 4, page 48, line 24, at end insert—<br> “14A A member of the Parole Board (see section 239 of the Criminal Justice Act 2003).”

<p>This amendment adds members of the Parole Board to the list of holders of public office for the purposes of Part 3 of the Bill.</p>

12

Schedule 4, page 49, line 4, after “Coroner” insert “or a Deputy Chief Coroner”

<p>This amendment adds Deputy Chief Coroners appointed under Schedule 8 to the Coroners and Justice Act 2009 to the list of holders of public office for the purposes of Part 3 of the Bill.</p>

13

Schedule 4, page 50, line 8, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3A)</span><span class="sub-para-text">Whether a function is of a public nature for the purposes of sub-paragraph (1)(b) is a question of law.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3B)</span><span class="sub-para-text">In determining that question, the judge must—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">make any necessary findings of fact, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">have regard (among other matters) to whether the function meets a responsibility of government such that the public or a section of the public (beyond persons directly affected by the exercise of the function) have a significant interest in its exercise.”</span></span>

<p>This amendment makes provision about the determination of whether, for the purposes of paragraph 21 of Schedule 4 to the Bill, a function exercised by a person is of a public nature.</p>

14

Schedule 6, page 54, line 2, leave out from “paragraph” to “and” in line 3 and insert<br> “(d) insert—<br> “(e) the matters reported under paragraph 7A of that Schedule””

<p>This amendment is consequential on amendments 16 and 17.</p>

15

Schedule 6, page 55, line 24, leave out “2A and 7” and insert “7 and 7A”

<p>This amendment is consequential on amendments 16 and 17.</p>

16

Schedule 6, page 56, line 1, leave out “2” and insert “7”

<p>This amendment, together with amendment 17, relocates the position in which a new paragraph of Schedule 5 to the Coroners and Justice Act 2009 is inserted.</p>

17

Schedule 6, page 56, line 3, leave out “2A” and insert “7A”

<p>See the explanatory statement for amendment 16.</p>

NC2

To move the following Clause—<br> <b>“Public interest</b><br> (1) Within six months of the passing of this Act, the Secretary of State must define in regulations what constitutes the “public interest” for the purposes of—<br> (a) Section 1(1)(a),<br> (b) Schedule 1(8)(b).<br> (2) Regulations under subsection (1) may not be made until a draft has been approved by both Houses.”

<p>This new clause would require the Secretary of State to define public interest for the purposes of this Act by regulations.</p>

1

Schedule 1, page 29, line 9, after “an inquiry” insert “, independent panel or review established by a Minister”.

<p>This amendment ensures that the statutory duty of candour and assistance extends automatically to independent panels and reviews established by Ministers of the Crown.</p>

1

Schedule 1, page 29, line 9, after "an inquiry” insert “, independent panel or review established by a Minister”.