The Prime Minister (Keir Starmer)

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I beg to move, That the Bill be now read a Second time.

Before I come to the Bill, I put on record in this House my own tribute to the police, to the first responders and in particular to the heroic actions of the driver and members of staff on board the Doncaster to London train, where such a vile and horrific attack took place this weekend. We all share in the revulsion at this shocking incident, but there is no doubt that their collective action—their brave action—saved countless lives. I know that the whole country is grateful for that.

Thirty-six years ago, 97 men, women and children went to a Liverpool football match in Sheffield—it was an FA cup semi-final, an occasion of joy—and they never came home to their families. I invite the House just to reflect on that simple statement of fact and what that might feel like.

Nearly 15 years ago, when I was the Director of Public Prosecutions, I met many of the Hillsborough families during the independent panel led by Bishop James Jones. I will never forget what they told me in their testimony—painful to tell, painful to hear. It included the testimony of Jenni Hicks, who told me how she and her husband drove their two teenage girls to the game that day. They had to drive back later with an empty back seat. Every single story, every single experience is painful to the core—unimaginable to the core.

So before I come to the contents of the Bill, I want to begin this debate with a simple acknowledgment, long overdue, that the British state failed the families and victims of Hillsborough to an almost inhuman level. But those victims and their families—their strength, their courage, their refusal to give up; and their determination, no matter what was thrown at them, to fight for people they will never know or meet, to make sure that they never go through something like this again—they are the reason why we stand here today with this Bill, they are the reason why it will be known as the Hillsborough law, and they are the reason why we say clearly again what should have been said immediately: that their loved ones were unlawfully killed and that they never bore any responsibility for what happened in Sheffield that day, and we say it from this Dispatch Box today because the entire country knows what happened next.

We often call Hillsborough a tragedy, but it is more than a tragedy, because the disaster was not down to chance—it was not an accident; it was an injustice. And then further injustice was piled on top when the state subjected those families to enduring, from the police, lies and smears against their loved ones, while the central state, the Government, aided and abetted them for years and years and years. It was a cover-up by the very institutions that are supposed to protect and to serve, and it is nothing less than a stain on the modern history of this country.

And yet, can we truly say that Hillsborough was an isolated example? No, because there are also the Horizon scandal, Grenfell Tower, infected blood, the grooming gangs, Windrush, and more besides. We should also be blunt about the fact that there is a pattern common to all these scandals: time and again, the British state struggles to recognise injustice because of who the victims are—because they are working class, because they are black, because they are women and girls. That is the injustice that this Bill seeks to correct, and I hope that it commands the support of the whole House.

The Prime Minister

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I am grateful for that intervention. Of course we must acknowledge the role that the media and others played in this—it was a cover-up at so many levels. As for an oversight mechanism, I do not think that the Bill is the place for it, but I do agree with the proposition that when there are inquiries, there needs to be a better way of ensuring that they are followed through.

The Prime Minister

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I thank the hon. and learned Gentleman for raising that. This Bill is obviously intended to deal with all the situations in which there needs to be a duty of candour, with consequences if that is not adhered to.

The Prime Minister

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I will make some progress, but I will take further interventions later.

Let me now turn to the Bill itself, and first of all to the duty of candour. There are three parts to this, and the first is a new statutory duty of candour. At the Hillsborough independent panel, Bishop James Jones found that over 100 statements made by junior police officers had been deliberately altered to remove evidence unfavourable to South Yorkshire police—100 statements had been deliberately altered. I do not think there is anyone in this House who could possibly disagree that we must never let anything like that happen again. It is a disgrace, and the Bill before the House will tackle it.

The Prime Minister

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I thank the hon. Gentleman for his intervention. The Bill includes legal provisions to ensure that this can never happen again as a matter of law, but I have been clear—I have said this to the families on a number of occasions—that it is also the culture that has to change. The Bill is the architecture, but the culture of the state has to change.

The Prime Minister

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Absolutely. I looked the families in the eye and made that promise, and I meant it. I say it again from this Dispatch Box: this Bill will not be watered down. This is such an important re-orchestrating of the relationship between the state and its citizens. It will not be watered down. I am very pleased to be able to affirm that from this Dispatch Box.

The Prime Minister

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I will take one more intervention and then I will press on.

The Prime Minister

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I really think that, with the Hillsborough families here in the House with us—

The Prime Minister

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Thank you, Madam Deputy Speaker. I also think that we owe the families a better debate than this descending into party political point scoring. I hope we can continue the debate in that way.

This Bill will tackle that injustice so that when tragedy strikes and the state is called to account, in inquiries, inquests and other investigations, public officials—from police officers to the highest offices in the land—will be subject to that duty. That means that an injustice like this can never again hide in some dark corner of the state. Failure to comply—failure, therefore, to act with candour, transparency and frankness—will now carry criminal penalties, including being sent to prison.

The Prime Minister

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No, they will not be able to, but that is not a deficiency of this Bill; it is a long-standing constitutional rule. This will be about offences moving forward. But I will just make the point—because I do think it is important—that these measures will apply across the United Kingdom, and I would like to place on record my thanks to the devolved Governments for their collaboration on this.

I can also announce that the Government intend to bring forward an amendment to extend this duty to local authority investigations in England, which will make sure that when an inquiry or investigation is set up by a local authority—for example, the Kerslake inquiry into the Manchester Arena bombings—there can also be that duty of co-operation and candour in the search for the truth.

The Prime Minister

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Obviously, a lot of thought has been given to the particular issue of the security and intelligence services. The Bill is clear that the duty applies, but has a different way of applying it. I think that gets the balance right, and obviously there are various national and public interests to protect in so doing.

The Prime Minister

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To reassure my hon. Friend, the House, the families and all others affected by such scandals, these are clauses in a Bill that will soon be sections in a piece of legislation, but they are more than that: they change the nature of the relationship between the state and its duties to its people. That is so important. Yes, this Bill is the legal architecture, but something much bigger than this has to be put in place.

The Prime Minister

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I will take the hon. Lady’s intervention, then I will come to my right hon. Friend.

The Prime Minister

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The hon. Lady anticipates my next point, which I will make before taking an intervention from my right hon. Friend the Member for Liverpool Garston (Maria Eagle). We have to recognise that in some scandals, such as the Post Office Horizon scandal, the boundaries between the public sector and the private sector are complicated. In answer to the hon. Lady’s question, clause 4 of this Bill applies the duty to some private bodies, particularly those delivering public functions and those with relevant health and safety responsibilities, as well as relevant public sector contractors—in the Post Office case, Fujitsu—for that very reason. We have to recognise that the boundaries are blurred, and we need to make sure that the duty extends appropriately.

The Prime Minister

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I thank my right hon. Friend for her work and campaigning on this issue over many years. She makes a powerful point about the independent panel. I first met Bishop James Jones 15-plus years ago now, and I genuinely think he was among the first to listen properly—knowing what listening means—to those who were giving evidence to his panel, which is why the report that he made was so well received and respected. We will certainly give consideration to whether panels like that can serve a useful purpose in future.

The Prime Minister

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This does apply to non-statutory inquiries, so my hon. Friend’s point is covered in the Bill. I will press on.

The second part of the duty of candour is a professional duty of candour for all public servants, because the Nolan principles of public service—honesty, integrity, accountability, selflessness, objectivity, openness and leadership—are not some kind of optional extra, but the very essence of public service itself. Every public authority will now be legally required to adopt a code of ethical conduct based on those principles, and to set out consequences for staff who do not comply, including disciplinary sanctions up to and including gross misconduct.

The Prime Minister

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Yes, I can confirm that. I want to emphasise the point again, because it is so significant, that out of the most unbelievable suffering, these families—these victims—have pushed for a change that took far too long, but that will now benefit and safeguard people whom they will never meet and never know. I find that kind of campaigning humbling, and we thank them for it.

The Prime Minister

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I will just make a bit of progress, and then I will take further interventions.

Finally in relation to the duty of candour, it is underpinned by a new criminal offence of misleading the public, which is aimed squarely at public servants who wilfully mislead the British people in a reckless, intentional or improper way. In cases such as Hillsborough, lies and dishonesty from the state grievously harmed the very people it was supposed to serve, and that must never happen again.

However, the Bill is not just about the duty of candour, because anyone familiar with how justice failed families and victims must also recognise that the lack of parity in our legal system played a significant role. I remember Margaret Aspinall—I met her many years ago now, and she is with us today—telling me that she had to scrape together every last penny for legal representation, including the money paid out by insurers for the death of her son James, who at the time was pretty much the same age as my son who comes to football with me. That is what she had to do, and we have to recognise that injustice piled on the other injustices.

The Prime Minister

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I absolutely extend that tribute to my hon. Friend the Member for Liverpool West Derby (Ian Byrne), who I think was at the game and who has campaigned tirelessly in this place and beyond to help us get to the position today where we can introduce the Bill. I do pay tribute to him and I am very pleased to do so from this Dispatch Box, as we introduce this important legislation.

The Prime Minister

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I will just make some progress and I will come to the hon. Member.

On the question of parity, what happened and what happens in so many cases is that families either have to scrimp and try to find the money for legal representation, or they have none. And what are they met with—the Hillsborough families were met with this—at inquests and inquiries, the working people who have had to save for justice? They have been met, time and again, by armies of state-funded lawyers; the deep pockets of the state—taxpayer money—has been harnessed for the explicit purpose of fighting against justice. The Bill aims to correct that inequality so that justice and the state serve all, with a new duty on public authorities to engage lawyers at inquests and inquiries only where necessary and proportionate, and to ensure that their representatives behave with the sensitivity and respect that victims and their families deserve.

The Bill will also ensure that no bereaved family has to face an inquest alone, with the largest expansion of legal aid in a decade granting access to free legal aid for all inquests where the state is an interested party, so that working people like Margaret and the Hillsborough families will never again be faced with such inequality on legal representation, or, as in many cases, simply left with none.

I will take the intervention I promised.

The Prime Minister

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I think there may have been meetings. If not, we will get meetings set up. [Interruption.] I am being told that there will be one, but I take on board what the hon. Lady says. I will make sure that there are the appropriate meetings, and will update her on exactly what form they will take and when they will take place.

The rebalancing of legal representation is a fundamental change in the balance of power in our justice system, and I genuinely hope that the whole House will support it.

Taken together, the measures in the Bill can be a landmark piece of legislation. I am determined—as I said in an intervention, having given my word to the Hillsborough families and having worked in partnership with them on this legislation—that the Bill will not be watered down. When it is in statute, it will rank as one of the great Acts of this Labour Government, a moment when the tireless campaigning of working people to right a historic wrong was finally recognised in this place and made our country better. That is all the campaigners have ever wanted. This has never been just about Hillsborough and those families; it has always been about everyone.

Madam Deputy Speaker, if they were to come down to this Dispatch Box—I won’t extend the invitation, because I suspect they readily would—I know, because I have heard them many times before, what they would say. They would say, “You must keep going. This is not done until it is done.” I want to therefore put on record in this House my deep gratitude to everyone who has worked with us on the journey to this point: Hillsborough Law Now; my hon. Friends the Members for Liverpool West Derby, for Widnes and Halewood (Derek Twigg) and for Sheffield South East (Mr Betts), who were all at the game; so many hon. Members from across Merseyside, past and present, as well, of course, as the Mayors of Liverpool and Manchester, all of whom have never stopped fighting for this Bill; Inquest, which facilitated so much of the engagement so we could be a Government who listened; Bishop James Jones, who chaired that crucial Hillsborough independent panel; the countless other campaigns that this issue touches on, many represented in the Gallery today; and, most of all, Margaret, Steve, Charlotte, Sue, Jenni, Hilda and every single member of the families affected by Hillsborough. I know that what they really want is not thanks or acclaim; they want change and they have waited 36 long years for change.

It is my honour, as Prime Minister, to bring the Hillsborough law before the House and to open today’s debate. It should never have taken this long, but we are here now and we must get it over the line: a legacy of justice, change and national renewal for the 97. That is what we are here to deliver today.

Justin Madders (Ellesmere Port and Bromborough) (Lab)

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It is a privilege to be here today debating a Bill that has been decades in the making. Before I begin, I want to join those who have already spoken in paying tribute to the tireless campaigning of the Hillsborough survivors and those who lost loved ones in the disaster. They have been through an unimaginable ordeal spanning decades, but throughout they have shown remarkable courage, dedication and tenacity to deliver justice for their loved ones. Even after the truth about the tragedy emerged, the families have not stopped campaigning. They have long called for a systemic change to prevent anything like this from happening again. We as a country owe a great debt of gratitude to their efforts, because without them we would not be debating this Bill today. As someone who grew up in a part of the world that has lived under the shadow of Hillsborough, I know how much this means to my constituents, and not least to the families of those that have lost loved ones, so I am proud that we have acted on the pledge that we made to implement this law.

The Bill addresses the key problems that we have identified time and again. How will we ultimately judge whether the Bill is a success? Two words: never again. That is the standard against which the Bill must be held. Never again should victims be wrongly blamed by the state for their deaths. Never again can we allow public bodies that are meant to protect us to lie in order to protect their own reputations. Never again must ordinary people fight tooth and nail against the seemingly endless resources of the state just to get to the truth.

As we have heard, Hillsborough is by far not the only example of the scandals and cover-ups that have emerged in recent years. The well-rehearsed list gets longer every year, and it includes infected blood, the Post Office, Grenfell, nuclear test veterans and many others that we have debated in this place. The test is that we do not add to that list, and that when tragedy strikes again and serious mistakes are made, truth and accountability are on display immediately. Let us be clear, legislation is only the starting point for this. As the Prime Minister said, a culture change is also required.

Establishing a legal duty of candour that requires bodies to act proactively, promptly and with full disclosure to assist inquiries, inquests and other investigations is a huge step forward, but it has to be delivered in practice, and that is the real challenge that we face. All too often—we have seen it in this place, have we not?—institutions act defensively, obfuscate and focus on protecting themselves when placed under scrutiny. With the guidance provided by codes of ethics and the threat of criminal sanctions, bodies and those working inside them should be forced to refocus and to put the public and their safety as their No. 1 priority, not to lie, and to actively support investigations and inquiries. That is what the public expect institutions to be doing already. While it should never have been required, this Bill will enshrine that basic principle into law at long last.

As we have seen in the NHS, however, that is easier said than done. It is nearly 10 years since the freedom to speak up guardians were introduced, but from what I can observe, there is still a long way to go to ensure that the good intentions behind that initiative are truly embraced across the board. Only in the past week I have been contacted by several people currently working in the NHS who believe that their concerns have not been listened to, or that they have been on the end of mistreatment because they have spoken out. Legislation is one thing, but culture is another, and I would suggest that changing the culture is something that needs leadership and buy-in from every single person across every single part of every single organisation.

I want to say something about equality before the law. Victims must no longer be browbeaten by lawyers in their quest for the truth, but I have some concerns about how that will work in practice, because when a public body is looking at something serious under this Bill, which it inevitably will, it will want the most senior representation it can get. If a public body can afford hundreds of pounds an hour for its lawyers, it will instruct them, but such fees will clearly be well in excess of existing legal aid rates. In that scenario, who is going to tell the public body that it has to choose cheaper lawyers? How will true equality before the law be achieved, especially if authorities only have to “have regard” to these principles? We need an overarching, independent way of monitoring this and of ensuring that recommendations from inquests and inquiries are effectively publicised and their implementation is monitored and delivered, ideally with progress reports to this place.

Justin Madders

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That is an interesting suggestion. I think a lot of Members are concerned about how this will relate to the security services, because we have had many examples in the past of where they have done things that we would rather had not happened. I hope that, as the Bill progresses, there will be some good dialogue about an appropriate way to deal with those difficult balances that have to be achieved.

I also want to raise a couple of concerns about clause 11 and the offence of misleading the public. The requirement for there to be “harm” to a victim could significantly reduce its effectiveness, which aims to deter cover-ups and obfuscation. In addition, part 2 of the Bill goes on to define who is included within the definition of a public body, and it specifically excludes the devolved bodies and both Houses of Parliament. I know that is because of the long-standing convention that Parliaments deal with their own affairs, but I am concerned that this sends out a negative message about our responsibilities in this matter. Parliament has in the past allowed other bodies to become involved in the way it does business with, for example with the Independent Complaints and Grievance Scheme, so there is precedent there for us to look at that again.

We should all be treated equally before the law. When trust and confidence in our institutions are at an all-time low, it is hard to underestimate the impact of the changes this Bill can deliver, but it should apply to everyone equally. Repeated examples of scandal and state cover-up are corrosive to trust and only serve those who want to sow division, so we have to get this right. This moment can mark a stark change in the way we deal with these issues, but we have to deliver it. Once it becomes law, we have to be consistent and vigilant to ensure that the Bill’s good intentions are delivered. That will mean a profound cultural shift. Hopefully the Bill will restore trust in our democracy and our institutions, so that when in future we say that something should never happen again, we can be confident that it will not.

The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)

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rose—

Alex Davies-Jones

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I welcome the hon. and learned Gentleman’s comments, but the Bill literally says that there is a duty of candour “at all times”.

Alex Davies-Jones

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This is not a debate about the constitution; it is a debate about the duty of candour. I agree with the hon. and learned Member that the intention is for all nations in the United Kingdom to be bound by this legislation. However, he will be fully aware of the devolved competencies for Scotland and Northern Ireland in this case. We are having positive engagement with both nations, and that is the intention of the Bill. I just remind him to perhaps bring the debate back to exactly what this Bill is about, with the families in the Gallery today.

The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)

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It is a genuine, true privilege to close this Second Reading debate on the Public Office (Accountability) Bill—the Hillsborough law. The introduction of the Bill is a huge achievement, but I echo the Prime Minister when I say that it was not born here in Westminster; it was born out of heartbreak, out of unimaginable loss, out of the tireless courage of those who refused to be silenced. Some of those extraordinary people have been with us today in the Gallery, and to them I simply say, “Thank you. The whole country owes you a debt of gratitude.”

I want to pay particular tribute to Hillsborough Law Now. I pay tribute to Nathan, Pete, Elkan, Deb, Clare and Debbie, whom have all given their time, expertise and passion to this Government to ensure that we deliver the best possible Bill. I pay tribute to the family members who lost loved ones at Hillsborough and met us over the summer, who shared their pain and who have rightly held us to account every single step of the way: Margaret Aspinall, Charlotte Hennessy, Sue Roberts, Steve Kelly, Jenni Hicks and Hilda Hammond.

I also pay tribute to the Members who have stood shoulder to shoulder with the family members: specifically, my right hon. Friend the Member for Liverpool Garston (Maria Eagle) and my hon. Friends the Members for Widnes and Halewood (Derek Twigg), for Liverpool West Derby (Ian Byrne) and for Knowsley (Anneliese Midgley), as well as my hon. Friend the Member for Birkenhead (Alison McGovern)—my very good friend—who chaired the all-party parliamentary group on the Hillsborough disaster for nine years, and is now the Minister for Local Government and Homelessness. I know that it has been significantly painful for her not to be able to speak in this debate, but she is with us tonight, sitting on the Front Bench.

The genesis of this Bill is the fight of the Hillsborough families, but it goes much further. This Bill is for anyone who has experienced an injustice, anyone who has had to fight against the state to be heard, and anyone who has had to demand the truth when it should have been given freely. At its heart, this Bill is shaped by lived experience.

I also want to thank Inquest for its tireless work, and for holding that vital family listening day back in February with families from a range of campaigns. We heard from so many of them personally about why the changes in this Bill are so essential and the real difference that this will make in people’s lives, and why access to legal aid for inquests where the state is an interested person is so vitally important.

I thank the families of Ruth Perry, Matthew Copestick and Connor Sparrowhawk for sharing their experiences with us and highlighting the importance of this. I cannot thank enough Hillsborough Law Now, Grenfell United, the sub-postmasters affected by the Horizon scandal, those affected by the infected blood scandal, Truth About Zane, and, sadly, so many others, for their time, or Inquest for the report that it produced. That has shaped not only this Bill but wider areas of policy, and that is why it is so important that the voices of victims and those with lived experience are at the heart of what we do in government. But this Bill is not only for the major scandals that have scarred our nation and made the news; it is also for individual families—we have heard many of their stories here tonight—and for the ordinary people who find themselves facing the full force of the state alone.

The Prime Minister has already set out why the expansion of legal aid is so important, but I also want to share a story that shows why this Bill is needed so urgently. In September, I had the pleasure of meeting Will Powell, a father who has been fighting for answers for over 30 years, and I am proud that he is with us today. He has been fighting since the death of his son Robbie in 1990. Robbie was just 10 years old when he died of Addison’s disease. After Robbie’s death, it became apparent that doctors had suspected that he had the disease and, without Will’s knowledge, a test to confirm the diagnosis had been requested but not completed. That meant that Robbie did not receive the treatment that could have saved his life. Will and his family have been fighting for the truth ever since. They have been fighting for the truth about what went wrong and why this happened.

Nothing can bring back Robbie, or those we lost as a result of Hillsborough, Grenfell, Horizon or infected blood, but what we can bring is truth. At the heart of every campaign and every struggle is love—love for those who families have lost, love that has become action and love that is determined to make sure that no one else suffers as they have and that there is lasting change.

Alex Davies-Jones

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I thank the hon. Gentleman for that intervention, and for introducing me to Will Powell earlier this year. I know that the Secretary of State for Wales has also met Will Powell. However, the hon. Member will know that granting an inquiry is a decision for the Welsh Government, and I know that he is having conversations with the Ministers there.

Every single life lost is someone’s whole world. I am so honoured to bring forward this Bill and to represent the families who have so tirelessly campaigned for it, but as we have heard, this is just the beginning.

Alex Davies-Jones

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I will not, as I have quite a lot to get through.

As a victims Minister, I want to put on record my commitment to continue to listen to and provide a voice for victims. I will do everything in my power to make sure that when this Bill leaves Parliament, it does so as the strongest Bill possible. The Government will bring forward an amendment to make it clear on the face of the Bill that the duty will extend to local authority investigations that are intended to capture the likes of the local grooming gang inquiries, and the Kerslake review into the Manchester Arena attack. We will utilise powers in the Bill to extend the duty to a range of ombudsman investigations, such as those by the Prison and Probation Ombudsman, the Parliamentary and Health Service Ombudsman, the Local Government and Social Care Ombudsman, and the Housing Ombudsman.

I will turn now to the points raised in today’s debate. First of all, I thank all hon. and right hon. Members from across the House for their support for this Bill. It is welcome and, as many have said, this Bill is long overdue. The Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), raised a number of potential issues with the Bill. She mentioned legal aid and said that the Liberal Democrats would like it to be expanded to those who are survivors, as well as the bereaved. I want to put on record that this is the biggest expansion of legal aid for a generation.

Alex Davies-Jones

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I welcome my hon. Friend’s intervention, which gives me the opportunity to address some of the issues concerning devolution that were brought up in the debate. A number of hon. and right hon. Members talked about whether this Bill will apply UK-wide, and I can confirm that the duty of candour provisions will apply UK-wide. However, as hon. and right hon. Members will know, justice is devolved in Scotland and Northern Ireland, so the legal system does not apply there in the same way that it does in England and Wales, which is why some of the criminal offences do not apply. It is for Ministers in Scotland and Northern Ireland to request whether this legislation applies to those nations. Conversations have been positive, and we have engaged very closely with our counterparts in Scotland and Northern Ireland on this point. We hope that these measures will apply UK-wide, but we cannot mandate for other nations that are not in our jurisdiction.

My hon. Friend the Member for West Dunbartonshire (Douglas McAllister) made an important point about legal aid. It is for the Scottish Government to determine whether they will apply the same provisions that we are providing for England and Wales. We are providing non-means-tested legal aid for any bereaved person at an inquest where the state is a represented party. It is for Scottish Ministers to determine whether they want to apply the same.

We have had a lot of talk this evening about how long this Bill has been in the making. My hon. Friend the Member for Llanelli (Dame Nia Griffith) mentioned that she was proud that it is a Labour Government, in just over our first year in office, who have brought this Bill to the House. The Conservatives had 14 years to do something about this issue, and they failed. The SNP Government in Scotland have had 20 years to do something, and they have failed. It is a Labour Government who have chosen to bring forward this Bill and to do something about this, to ensure that families get parity on legal aid and that a duty of candour applies across all our public services.

A number of speeches this evening addressed protection for whistleblowers. I reaffirm my commitment to hon. Members that the Bill does require all authorities to set out a process to raise concerns, and to ensure that procedures are clear and accessible for whistleblowers. The hon. Member for Wells and Mendip Hills (Tessa Munt), who is vice-chair of the all-party parliamentary group for whistleblowing, requested a meeting with me. I will happily meet her to discuss this matter further, because it is important that we address it.

A number of Members raised the issue of the media, but they will know that that is out of scope of this Bill. This Bill provides a duty of candour for public authorities and public servants. We will ensure that public service broadcasters operate within what they are permitted. However, it is important to note that since the calls for Leveson and Leveson 2 were introduced, the media landscape has drastically and dramatically moved on.

The public do not consume media in the same way any more. The vast majority of the British public consume their media via social media. I am pleased that the Secretary of State for Culture, Media and Sport was on the Front Bench when these issues were raised. She has made a commitment, and she has already met some of the families of victims to discuss what more we can do to tackle disinformation and misinformation, particularly about disasters and issues that arise in public and are then put on social media. I will continue my conversations with her as the Bill progresses to ensure that we address that.

My hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders) gave a fantastic speech about how we need to be reasonable, proportionate and fair. I want to assure him that, when it comes to legal aid and the parity of arms that is so integral to the Bill, coroners do have the powers to enforce what is considered reasonable and proportionate under the Bill to ensure that families are not faced with an army of barristers when they have a publicly funded lawyer advocating for them. That is not the intention, and we have put that in the Bill.

A number of hon. Members mentioned the definition of harm, and I want to reassure Members again that there is a very low bar for meeting this test. We have ensured that it does cover mental distress, and that that is not the only measure for a criminal offence. The hon. Member for Aberdeenshire North and Moray East (Seamus Logan) mentioned those who falsify statistics—crime statistics, for example—where harm would not necessarily come into play. If an officer falsified crime or other statistics to make himself or the police force look better, that would come under the offence of misconduct in public office, so they would be captured in another criminal offence in the Bill.

The right hon. Member for Salisbury (John Glen) talked about something that is very close to my heart. He made an excellent contribution on the need for inquest reform, and inquiry reform more broadly. I wholeheartedly agree with him, as do this Government, which is why the Cabinet Office is taking its time to get this right. It is looking at quite a substantial piece of work, and I will endeavour to keep him updated on it as we are actively developing our proposals.

I hate to have to admit it to my hon. Friend the Member for Bootle (Peter Dowd) but I am also a red, so I think it is actually Liverpool 3—Everton 1. I want to reaffirm my commitment to working with him and all Merseyside MPs—in fact, all Members in this House—and the families, as the Bill progresses, to ensure that it is the strongest possible Bill.

There were excellent speeches from my hon. Friends the Members for St Helens North (David Baines), for Liverpool West Derby, for Knowsley and for Liverpool Wavertree (Paula Barker), who have been excellent advocates for the families of the Hillsborough disaster during their tireless campaigning. I am determined to work with all of them as the Bill progresses to ensure that there is no carve-out for the security services. Just to reassure the House, there is no carve-out: the duty of candour applies to everyone, including the security services and including individuals. However, what is different for the security services is the way in which they report such a breach—they must report it to a senior individual within the service to ensure that national security is protected—and I think we have struck the right balance in the Bill. However, I hear the concerns raised in this House, as there have been concerns raised outside it, and I am keen to engage in such conversations to see if there is anything further we can do on this point.

The hon. and learned Member for North Antrim (Jim Allister) and the hon. Member for Lagan Valley (Sorcha Eastwood) mentioned the Chinook disaster. A commitment has been made to meet Members and families of the victims of the Chinook disaster, and I have made a commitment to be at that meeting to progress those issues.

There were fantastic contributions from Sheffield Members who, as well as the Merseyside MPs, have felt the urgency to bring forward this legislation and the pain of the Hillsborough disaster in their constituencies. My hon. Friend the Member for Sheffield Brightside and Hillsborough (Gill Furniss) said she gave birth not long after the Hillsborough disaster, and talked about how it has always stuck with her that her baby was at home while so many parents did not get to bring their children home.

Alex Davies-Jones

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Indeed, and for me that is a fantastic point. This law may bear the name Hillsborough, but it is a Bill for the entire country, and this Government have made that a clear commitment.

A number of hon. Members, including my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), the Chair of the Justice Committee, and my right hon. Friend the Member for Liverpool Garston, talked about the Independent Public Advocate. As the House will be aware, Cindy Butts has been appointed as the Independent Public Advocate. She is a fantastic individual who has just been appointed to her first role as the IPA, following the horrific attack at Heaton Park synagogue. I am due to meet her later this week to discuss how she has found being stood up for the first time following the introduction of the role in the Victims and Prisoners Act 2024, and her resource requirements and powers. I will, of course, update the House if we both feel, as the IPA and the Minister, that there is further to go in that respect. I am also due to meet my right hon. Friend the Member for Liverpool Garston and Lord Wills in the other place to discuss, as the Bill progresses, how we can work together further to look at the role of the IPA.

Alex Davies-Jones

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My hon. Friend, the Chair of the Justice Committee, pre-empts my next point, which is on the national oversight mechanism. Again, a number of right hon. and hon. Members mentioned that. As the Prime Minister stated in his opening remarks, there is a need for accountability here. We are looking at how we can do that. Work is being led by the Cabinet Office on inquest and inquiry reform, and the Ministry of Justice has already done work on ensuring that prevention of future death reports are published. I echo the Prime Minister: we do not feel that the Bill is the necessary vehicle to put in a national oversight mechanism, but we are looking proactively at what we can do to ensure that there is accountability and transparency so that these inquiries are never again left sitting on a shelf, with recommendations ignored or put to one side.

My good friend, my hon. Friend the Member for Llanelli, and my hon. Friends the Members for Blyth and Ashington (Ian Lavery) and for Cannock Chase (Josh Newbury) mentioned an issue very close to my heart: Orgreave. Hon. Members may know, because I have talked about it with pride, that my father was there on that day. I am the very proud daughter of a miner and nothing has given me more pride than this Government announcing a statutory inquiry into Orgreave, which will be coming forward soon.

When the Bill becomes an Act, it will apply to inquiries that are ongoing. If an inquiry has started or is ongoing, the legislation will come into immediate effect and apply to all inquiries that are under way. I am really looking forward to the recommendations of that inquiry and to the truth we will get, because that, again, is long overdue.

There were concerns regarding the security services and whistleblowers. Hopefully, I have put some of those fears to bed this evening, but I look forward to debating all these issues in detail in Committee. I again extend the offer to meet any hon. Member to ensure that the Bill remains as strong as possible when it finally leaves this place and becomes an Act. I look forward to positive engagement with colleagues across the House.

Finally, the Bill will ensure that no other family will ever have to walk alone. I am immensely proud to commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Public Office (Accountability) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Public Office (Accountability) Bill:

Committal

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 11 December 2025.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Stephen Morgan.)

Question agreed to.

Public Office (Accountability) Bill (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Public Office (Accountability) Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Stephen Morgan.)

Question agreed to.

The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)

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I do not have any questions. We are short of time, so I would rather allow other members of the Committee to ask questions.

Alex Davies-Jones

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I will write to you too, Jenni.

Jenni Hicks: Sorry, I am so aware that I only have 10 minutes.

Alex Davies-Jones

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I will write to you.

Alex Davies-Jones

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Q I want to put on the record that my brother is a senior police officer in the South Wales police. Chief Constable, can you discuss the practicalities and the impact on policing of the new offences, specifically the new offence of misleading the public? How will it be carried out and how will it be policed? What would the impact be if we removed the harm element of that offence? How would that impact policing?

Chief Constable Guildford: Having been consulted on the way through this, having thought about it quite considerably and having spoken to the director general of the IOPC, I think that the drafting at the moment is pitched at the right level, because it says that that harm needs to be of a serious nature. When it comes to setting out harm, it mentions phrases such as “departed significantly from”.

What will the impact of that be from my perspective? I think it will encourage leaders and individual officers to do the right thing. Initially, it may increase the likelihood that a narrative would be corrected earlier. Think back to some of the foundational pillars upon which this legislation rests, and a lot of the narrative that was, let us say, placed in the public domain around Hillsborough—and sometimes around other events where there is knowledge that is known to the police service and is able to be communicated, but which for whatever reason on occasions is not. Sometimes, in my opinion, that does not help with public confidence.

Going back to the question, I think this will encourage the clarification of issues at an earlier stage. But I suppose, on reflection, from a professional perspective, we have to balance some of that with an individual’s potential reluctance to say too much too early. Of course, the public quite rightly have an expectation that facts will be clarified and that information will be shared and placed in the public domain, and that is absolutely the right thing to do. That is the balancing act. It is important that it is pitched at the right level, which in my professional opinion it is. The “harm” is economic, physical or emotional, and I think it says it should be not inconsequential, which is important. On occasion—you will know this from your family perspective—we absolutely do get things wrong, but the legislation is designed to allow us to correct those things fairly expeditiously.

Alex Davies-Jones

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Q Thank you both for being here this afternoon. The Government recognise that the provisions in the Bill on legal aid provide a significant expansion of legal aid. Can you talk to us about the practicalities of that expansion and say what the system needs to fulfil this commitment in the Bill?

Richard Miller: There are three areas that most need to be covered. First, what is the structure within which legal aid is delivered? We believe that the Bill does not go quite far enough here, in that it provides for legal help—the very lowest level of assistance—to families and it provides for advocacy. In most court proceedings, there is a middle level of legal representation that is provided. We think that level has benefits both for the Government and for the families concerned. For the Government, it provides greater control and greater quality control over the work. For the families—or, more to the point, for the firms representing the families—it means they are able to apply for payments on account in long-running cases, which is crucial to make this an economically viable expansion for firms.

You have to get the structure right in the first place. You then have to build up the capacity and you also have to make it attractive enough overall for lawyers who are not currently doing this work to want to come into it. Those are the three aspects that need to be addressed. Chris, do you want to expand on that a bit?

Chris Minnoch: Thank you, Richard. Minister, it is a very important question. I will start by saying how refreshing it is to come to a session such as this to talk about something positive in relation to the legal aid scheme—a positive expansion—after so many years of giving and submitting evidence to various Committees asking for these sorts of measures to be introduced. I give credit to the campaigning groups that have made this happen and to the Government for taking such a progressive step.

Richard is absolutely right that we have to see the expansion of legal aid in the context of the current civil legal aid system in particular, but you cannot dissociate that from the criminal legal aid system because there is an overlap between the two in terms of who is delivering the service. There are fundamental weaknesses in the sustainability and in the workforce, especially regarding recruitment and retention, that have been recognised by various recent Government-led reviews. There is lots of evidence there and I am sure that, as a Minister, you are fully aware of some of the challenges you face in trying to plug those.

Richard highlighted a really important point about the technical construction of the scheme. We are already in discussions, as is the Law Society, with the Ministry of Justice and the Legal Aid Agency about how we can improve that structure to make the work as sustainable as possible, and as attractive as possible, both to existing providers and new providers.

There is a really critical element, however, which was raised earlier today in some of the evidence that I heard, about which types of lawyers are best placed to deliver these services. Despite the challenges that the legal aid scheme has faced, particularly in the last 15 years or so, we are really lucky to have a core of incredibly experienced and expert lawyers who carry out this sort of work. Our advice to the Government would be to start there and then look to expand the capacity of those lawyers.

There is an issue around capacity, because inquest work takes such an emotional toll on the lawyers involved. There are elements of vicarious trauma that are involved in these sorts of cases, so it is very difficult for your entire caseload to be inquest work for 100% of your time. There are some natural capacity issues built in, even for lawyers doing that work currently, but those are the organisations—I think one of the earlier witnesses described them as human rights lawyers—where we need to start building up their capacity by making the system as attractive as possible, so that they themselves can recruit and develop the lawyers who can expand this work.

We are also already in talks with the Legal Aid Agency about separating out inquest work from the current categories of legal aid, so it is a separate category of legal aid with its own separate supervisor standards and its own separate accreditation process—those sorts of things. Richard, you might want to address the kind of training, development and accreditation issues arising from that.

Richard Miller: Indeed, yes. We are already having initial discussions with the Legal Aid Agency about what training might be required and whether accreditation would also be worthwhile in this area. The Law Society is well positioned to deliver training at scale, as would be needed here. One thing that we would like to explore is whether there is scope for Government assistance with the cost of that training to ensure that we can get the initial boost to capacity that will be urgently required.

On the question of accreditation, at the moment our preference is not to go that far, because we must be careful not to establish too many barriers to getting that expansion in place first. Down the line, it might be that accreditation would be worthwhile, but initially I think we need to make sure that the training is there and that lawyers are aware of their obligation not to deliver work beyond their competence. That should get the expansion of capacity that we need in the short term that we can then build on.

Alex Davies-Jones

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Q You will have heard that there is a sense of impatience to get this legislation implemented as quickly as possible, and that is justified given how long people have waited for this Bill. Speaking as a constituency MP, not just as a Minister, constituents are already asking me when the legislation will come in, because they are involved in ongoing inquests. Given the reality of the current capacity in the system, it is going to take a bit longer to build the capacity to allow us to fulfil the commitment in the Bill. How long is a piece of string? Do you recognise the need to get the capacity right before we can implement this part of the legislation?

Richard Miller: That is why we need to be starting those discussions right now, and we are. It is very difficult—it is a bit chicken and egg—because until the work is there, lawyers might not see that now is the time to incur the cost of developing plans to expand into the area. We need to get the legislation in place and be very clear as to when it is coming in, in order for the lawyers to be able to prepare for it.

We can never be absolutely certain, but with a combination of what we are starting to do already and building on the experience of the lawyers who are already working in this field, some of whom have said to us that they believe they can expand fairly quickly to mop up at least some of the additional demand, we can probably get to a tolerable position. It is going to involve work over a prolonged period of time to continue to build capacity, but delaying implementation simply does not help us to address the problem.

Chris Minnoch: To add to that, one of the difficulties with delaying implementation is that—this may come out in a later question from the Committee—the lawyers have a very important role to play in supporting bereaved families at inquests, but they also have a very important role in supporting the inquest itself and the coroner. They will probably play an important role in enabling or assisting the coroner to make determinations around the reasonableness and proportionality of public authority representation. You have heard already today about the extraordinary difficulties that unrepresented bereaved families face in accessing the information they need before the inquest proceedings or an inquiry begins, and that is another role the lawyers can play.

Delaying implementation on the basis of concerns about capacity might actually undermine some of the other elements of the Bill that are central to making it work and to the creation of the culture change that we have heard victims and bereaved families speak about so eloquently.

Alex Davies-Jones

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Thank you. That is very helpful.

The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)

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It is a pleasure to serve with you in the Chair, Sir Roger, on this historic and momentous Bill Committee. With your permission, I will say a few words about just how momentous this is.

Last week, this Committee heard evidence directly from the Hillsborough families about the Bill and what it means to them. I know that the Committee will agree that that was a huge privilege for us. The Bill is of great and national importance to so many people up and down the country, and we will not play politics with this legislation. I hope my colleagues in the Opposition will do the same. What we will do is listen: we will listen to the families, Hillsborough Law Now and the members of this Committee. It is right that they and the Committee push us and challenge us. They have my commitment that if we can find ways to improve the Bill, we will.

Finally, I pay tribute to my hon. Friend the Member for Liverpool West Derby and my right hon. Friend the Member for Liverpool Garston. They have each tirelessly campaigned for justice for the Hillsborough families, and played no small part in seeing this legislation brought forward. I am honoured to have them by my side in Committee.

Of course, we have all said this time and again, but we would absolutely not be here without the families. This is for them, and for those who have campaigned tirelessly for so long to seek justice and to ensure that no one ever has to go through what they went through. This is not just for the Hillsborough families, but for anyone who has experienced cover-up or had to fight for the truth, and for the memories of all those who are no longer with us.

Alex Davies-Jones

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Clause 1 sets out the purpose of the Bill as a whole to ensure that public authorities and public officials perform their functions at all times with candour, transparency and frankness, and in the public interest. As the clause describes, the Bill sets out those duties in the substantive provisions that follow. The clause does not have any separate legal effect itself; it is designed to set out clearly and simply the intention behind the Bill to assist those who will be subject to it and the general public in their understanding.

I thank the hon. Member for Bexhill and Battle for tabling new clause 2, which seeks to require the Secretary of State to define exactly what is meant by the term “public interest” in clause 1. Clause 1 is a purpose clause and does not have any legal effect in and of itself, separate from the other provisions in the Bill. It sets out the intention behind the Bill, and how the Bill achieves that intention by describing the relevant provisions.

In this context, acting in the public interest means fulfilling the obligations and duties in the remainder of the Bill that arise from it; it means being candid at inquiries and investigations; and it means that those working for public authorities must adhere to the codes and ethics required by the Bill. In general, “acting in the public interest” is usually not defined in legislation, as the hon. Gentleman said. This is because what is in the public interest will depend on the circumstance and context of that particular situation. Seeking to define what it means might have the effect of narrowing what could be considered to be in the public interest.

In schedule 1, the public interest is referred to in the context of public interest immunity. Public interest immunity is an established concept in law: it is a rule of evidence where documents are withheld if their disclosure would be injurious to the public interest. What is the “public interest” will be dependent on the particular circumstances, and we should not seek to constrain this or undermine a very long-established legal doctrine that is applied by the courts. The Inquiries Act 2005 and other legislation already contain provisions of this kind to ensure that appropriate protections are attached to sensitive information, which the Bill is replicating. I hope that clarifies the purpose of clause 1 and why defining “public interest” would not be appropriate and could actually hinder proceedings.

Alex Davies-Jones

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I welcome that intervention and the whole purpose of this legislation is to ensure exactly that. Obviously, there will be guidance in the codes of ethics that are produced, and public authorities will probably provide training for their individual public servants who will now be captured by the Bill, if, as I hope, it receives Royal Assent and becomes an Act. I am due to attend a session at the University of Liverpool to look at exactly how we can implement the Bill, should it become legislation and reach the statute book. All of that is being taken into consideration to advise everyone about what is expected of them under the duty of candour. Therefore, I urge the hon. Gentleman not to press new clause 2 to a vote, and I pledge to work with him on exactly that.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Alex Davies-Jones

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indicated assent.

Alex Davies-Jones

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I thank the hon. Member for Wells and Mendip Hills for tabling these amendments. Amendment 31 seeks to ensure that, under the duty of candour and assistance, an inquiry or investigation, or, as she stated, a review panel, is notified by public authorities and officials of all relevant acts or information, including omissions or failures to act. We agree wholeheartedly, and I reassure the hon. Lady and all members of the Committee that the Bill already achieves the intent of the amendment.

Clause 23 provides definitions for terms used throughout the Bill. It specifies that an

“‘act’ includes an omission or a course of conduct”.

Therefore, in clause 2, “act” is to be read as including any omission or course of conduct that may be relevant, which could include approving the actions of others. To “have information” could include information that a person approved the actions of another person, or had knowledge of them and did not prevent them.

Amendment 42 would place a requirement on public authorities under the duty of candour and assistance to retain all relevant records, including digital records. Again, the Government agree with the intention behind the amendment, and believe that the provisions in the Bill are designed to achieve it in practice. Clause 2(4)(a) requires authorities and officials to provide information likely to be relevant to an inquiry or investigation if requested. They will not meet that obligation if they allow the information to be lost or destroyed when they ought to be providing it. In addition, the individual in charge of an authority has an obligation to take all reasonable steps to secure the authority’s compliance with that duty. That would necessarily involve ensuring that information is accessible within the authority, so that it can meet its obligations under the Bill.

Amendment 32 seeks to ensure that the Bill has adequate safeguards to protect those complying with the duty of candour and assistance. We agree that ensuring that public officials feel safe to disclose information is essential, and several aspects of the Bill speak to that point. The duty of candour and assistance provides appropriate safeguards for the protection of sensitive information and onward disclosure and ensures that officials can feel confident that the information they provide will be handled appropriately.

Alex Davies-Jones

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There are two versions of the duty of candour: the always-on duty of candour by which every public servant should have to act in their everyday life, and the duty of candour with criminal sanctions attached to it that kicks in when there is an investigation or inquiry. The whole point is that they will work hand-in-hand. The former will prevent the latter—that is the intention. The code of ethics and the guidance that we talked about in an earlier debate will assist, but that will require a significant culture change across the whole public sector; it will not be easy or happen overnight. I am not naive enough to believe that it will be fixed just because we have the legislation. It will take a momentous effort by all of us to ensure that the culture seeps down from the top. That is also the intention behind the implementation, which we will come to later in the debate.

I reassure the hon. Lady that part 2 of the Bill requires public authorities to set out the process for exactly how public officials can raise internal complaints, to promote a culture of internal challenge. It also requires public authorities to set out their whistleblowing procedures, drawing officials’ attention to any legal protections they may benefit from. Although we are sympathetic to the intent behind amendment 32, we do not think that it will provide sufficient clarity on what public authorities would be expected to do to ensure that officials feel safe to disclose information, nor how that would operate as part of their duty of candour and assistance, for which non-compliance entails criminal sanctions.

Given those assurances, I urge the hon. Lady to withdraw the amendment.

Alex Davies-Jones

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I thank the hon. Member for Aberdeenshire North and Moray East for tabling amendments 18 to 20, which would require public officials and authorities to notify and provide information to any inquiry or investigation within 30 days. The Government agree entirely that public authorities and officials should provide assistance to inquiries and investigations as quickly as possible, and the Bill requires that. Clause 2(6) requires authorities and officials to act “expeditiously” when complying with the obligations placed on them. In some cases, it will be possible for officials and authorities to provide the assistance required within 30 days, but there may be times when it is not.

There will be situations where an inquiry or investigation requires an authority to provide a very large amount of information or data, requiring it to set staff and resources aside to search through potentially thousands of documents and assess their relevance, with all the necessary checks and verification that follow. We think it is important that authorities are given sufficient time to conduct thorough searches and provide accurate information, and that the inquiry or investigation will be best placed to set a reasonable timescale for that.

The duty would also apply to former officials who may have a different job or be retired—or have resigned, as we heard earlier—and there may be situations where it is impossible for them to provide the assistance required within a 30-day time limit. Although I totally agree with the sentiment, a degree of flexibility is therefore important so that we get all the information that inquiries and investigations need. I therefore urge the hon. Member not to press his amendments, but I agree to work with him on a way forward.

I now turn to clause 2. We heard powerfully from my hon. Friend the Member for Morecambe and Lunesdale and my right hon. Friend the Member for Liverpool Garston exactly why the duty of candour in clause 2 is integral to the Bill. As has been rightly said, this is a Bill for the Hillsborough families, and it will be known colloquially as the Hillsborough law, but it is also a Bill for Ida, for the Grenfell families, for the Manchester Arena families and for anyone who has been wronged by the state.

Alex Davies-Jones

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I totally agree with my hon. Friend and that is exactly why the Bill is so important and integral. We have all heard the stories—the reality—of what the families, the bereaved and the survivors have been through. No one should ever have to go through that again. The intent behind clause 2 is to do just that: to ensure that no family has to go through the unimaginable again.

Clause 2 sets out the requirements of the duty of candour and assistance at inquiries and investigations; in short, what those under the duty need to do. As subsection (1) states:

“Public authorities and public officials must at all times act with candour, transparency and frankness in their dealings with inquiries and investigations.”

The duty has two stages to it. The first, in clause 2(3), is the requirement for public officials to come forward and make themselves known to an inquiry or investigation if they have reason to believe that their actions or information they hold might be relevant to it. The second, in clause 2(4), is to then provide any assistance that the inquiry or investigation requires.

Clause 2(4) lists the types of assistance that might involve—for example, drawing attention to information that is particularly significant and, for public authorities, to provide a position statement to an inquiry. The head of a public authority may be asked for information and assistance as an individual public official in their own right, where relevant, but subsection (5) places them under an additional obligation. When the authority that they manage is under the duty, they are personally required to take all reasonable steps to ensure that it complies. We believe that that is crucial to the success of the Bill and for the leaders of public authorities to feel personally accountable under the duty.

Alex Davies-Jones

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I thank hon. Members for raising those important points. In this Bill, we have aimed to ensure candour while protecting national security. As it stands, inquiries and investigations will be able to demand any information and assistance they require from the intelligence services. Where national security information is concerned, the agency as a whole will provide that assistance to the inquiry or investigation by complying with a compliance direction, rather than individuals directly in their own right.

To balance that, and to ensure that there are no gaps, carve-outs or exclusions, those in charge of the agencies are subject to specific requirements to put arrangements in place for individuals to maintain records of information relating to any acts that may be relevant to an inquiry or investigation, and to provide information to the authority to ensure that the duty is complied with as set out in clause 6. Rightly, a failure to have these arrangements in place will result in criminal sanctions.

Intelligence services obtain and retain sensitive security and intelligence information in order to protect the public from national security threats. Vital public interests, including national security, would be at real risk of harm from the unrestricted disclosure of this sensitive information. We all share the same aims here—ensuring that candour is in place while protecting national security and the public.

Taking on board the points raised by Hillsborough Law Now and others, we constructed clause 6 in such a way as to ensure that there is a secure process that the intelligence services can work through so that any information required by an inquiry or investigation reaches that place safely, so that there can be full candour. However, we have heard the concerns from Hillsborough Law Now and from members of this Committee about our provisions. I assure hon. Members that the Government have taken their points on board, and we will commit to working with them and others actively to consider steps to address this in time for Report.

I turn to the other amendments, which set out that the intelligence authorities are to be listed as a public authority for the purposes of the duty of candour and assistance, and the code of ethical conduct in schedule 2. Clause 6 already makes it clear that the duty applies to the intelligence services as it applies to all other public authorities; therefore, it is beyond doubt that they are included, as a public authority, in the Bill.

We have not set out an exhaustive list of public authorities in schedule 2 to avoid unintentionally excluding some bodies by failing to list them. No individual Department or arm’s length body of central Government is included in the list for that purpose. If we begin to list public bodies, there is a risk that we imply that those not listed are not covered, which could weaken the Bill. I urge the hon. Member for Cheadle to withdraw his amendment, but I reiterate my commitment to working with Members on a way forward to capture all the concerns raised both in the Committee and outside of it.

Alex Davies-Jones

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I thank hon. Members for a useful debate getting into the detail the provisions—that is why we have Bill Committees. It would be beneficial for me to clarify exactly how the Bill applies to non-statutory inquiries, as outlined by my right hon. Friend the Member for Liverpool Garston. The duty of candour and assistance will apply to all statutory and non-statutory inquiries and inquests described in schedule 1. Non-statutory inquiries are defined as those caused by a Minister; those that include the delivery of a report with a view to publication; and those that the Minister has confirmed in writing relate to matters of public concern.

This is the first time non-statutory inquiries have been set out in law, but we envisage that this category could include investigations held under other names, such as independent panels, provided the criteria set out are met. Amendment 1 would automatically extend the duty of candour and assistance to independent panels and reviews established by Ministers. The Bill includes a power to extend the duty to other categories of investigations, or to specific investigations via secondary legislation. It is therefore not the case that if an investigation is not covered in the Bill, the duty of candour can never apply.

Alex Davies-Jones

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I am happy to confirm that they will be. They are not currently, but the Government are tabling an amendment to cover that point, and we will come to it later in Committee. Should that amendment be made, the Bill will cover those local authority investigations.

The Cabinet Office is undertaking further work to look at how we reform inquiries. As part of that, we will consider how the different types of inquiries, reviews and investigations could be more clearly defined, and when and how they could best be used. That will inform how the duty is used.

The duty of candour and assistance is a powerful tool to ensure co-operation with investigations, but it would not be useful in all circumstances. Most reviews focus on matters of policy or technical issues— for example, the curriculum and assessment review, the net zero review and the review of the future of women’s football. In those cases, applying the duty would be unnecessary and might risk making reviews more difficult to establish and slower to report. Where the duty is applied, it must be properly monitored and enforced, and therefore frameworks for compliance and the protection of information need to be in place. We must avoid unintentionally impeding or delaying certain types of investigations by introducing unnecessary and unhelpful processes and bureaucracy. We therefore think the Bill strikes the right balance in which investigations it applies to, with the power in the Bill providing us with the tools and flexibility we need to extend the duty where it could be useful.

I have spoken to my hon. Friend the Member for Bolton South and Walkden about how we move forward with her campaign. She has been an incredible and ferocious campaigner for the Primodos families for many years. I have met her and the Primodos families, and I am committed to working with her on a way forward to ensure that the duty of candour can assist.

Amendment 3 is designed to apply the duty of candour and assistance to inquiries that the Secretary of State has designated as local inquiries into grooming gangs. I thank the shadow Minister for raising this important issue. As he will be aware, we are moving at pace to establish a national inquiry into grooming gangs under the Inquiries Act 2005. It will be overseen by an independent commission with statutory powers to compel evidence and testimony so that institutions can be held to account for current and historic failures. The inquiry will be independent of Government and designed to command the confidence of victims and survivors and the wider public.

The Bill already applies the duty to statutory and non-statutory inquiries called by Ministers, including this new inquiry. To strengthen the Bill, we have also tabled an amendment extending the duty to inquiries called by local authorities, and we will debate that shortly. That amendment, combined with the existing provisions in the Bill, will enable the duty to apply to either local or national inquiries into grooming gangs. I therefore urge the shadow Minister to withdraw his amendment.

Alex Davies-Jones

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I am happy to reassure the shadow Minister that, should the Bill receive Royal Assent, its provisions will apply immediately to ongoing investigations and inquiries. That includes local inquiries, if we pass the amendment that the Government have tabled. We cannot allow that currently, because the Bill has not become law, but once it has done, it will cover existing ongoing inquiries and investigations and those that are yet to commence.

Alex Davies-Jones

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I beg to move amendment 6, in schedule 1, page 27, line 29, after “applies” insert

“by virtue of this paragraph”.

This amendment is consequential on amendment 7.

Alex Davies-Jones

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As I stated previously, the Government have committed to only strengthening this Bill as it moves through Parliament. That is exactly what this group of amendments does.

Before I move on, I want to say how severely disappointed I am that the Opposition pressed the previous amendment to a vote, given my assurances that those types of investigations and inquiries will of course be covered by the Bill. That seemed to fly in the face of the statements at the beginning of the Committee sitting, where we said that we would not play party politics with the Bill. It seems, sadly, that the Opposition do not have the same ambition in mind.

Amendment 7 extends the duty of candour and assistance to apply to local authorities and local authority inquiries into serious incidents called by combined, unitary, borough, county and district councils. We have prepared the amendment with previous local inquiries firmly in mind, such as the Kerslake review into the preparedness for and emergency response to the Manchester Arena attack and local grooming gangs inquiries. It would also cover the Edinburgh tram corruption inquiry mentioned by the Mayor of Greater Manchester in oral evidence.

For the duty to apply, inquiries must relate to matters in the local authority’s area and that are within a local authority’s competence or control. There must also have been a significant risk of causing death or serious physical or psychological harm to one or more persons or 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. That ensures incidents that have caused a significant risk to life or corruption are rightfully brought into scope, with the appropriate threshold in place to avoid unintended pressures and inappropriate use.

The rest of the amendment replicates the provisions set out for statutory and non-statutory inquiries in part 1 and part 2 of schedule 1. Amendments 6 and 4 are consequential on amendment 7.

Amendment 6 agreed to.

Amendment made: 7, in schedule 1, page 30, line 18, at end insert—

“Part 2A

Local authority inquiries

3A (1) This paragraph applies where—

(a) a local authority in England has caused an inquiry (however described) to be established,

(b) 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,

(c) the inquiry’s functions include the delivery of a report to the authority with a view to its publication, and

(d) 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.

(2) The condition is that the event (or series of events) caused, or created a significant risk of causing

(a) death or serious physical or psychological harm, or

(b) 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.

(3) As soon as reasonably practicable after the start of the inquiry, the chair must (subject to sub-paragraph (11)) give a compliance direction—

(a) to a public authority or public official, or

(b) to a person who had a relevant public responsibility in connection with an incident to which the inquiry relates,

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.

(4) 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.

(5) 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.

(6) A “compliance direction” is a direction to comply with the obligations under the duty of candour and assistance imposed by—

(a) section 2(4), and

(b) in the case of a direction given to an individual under sub-paragraph (5), section 2(5).

(7) A compliance direction—

(a) must be given in writing;

(b) must set out the terms of reference of the inquiry;

(c) 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);

(d) may be varied, supplemented or revoked by the giving of a further direction.

(8) 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.

(9) The reference to a report in sub-paragraph (1)(c) is to a report that sets out—

(a) the facts determined by the chair, and

(b) the recommendations of the chair (where the purposes of the inquiry include the making of recommendations).

(10) 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—

Alex Davies-Jones

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I beg to move amendment 8, in schedule 1, page 30, line 33, after “of the” insert “senior”.

This is a drafting refinement.

Alex Davies-Jones

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These three amendments are minor and technical. Government amendments 8 and 9 update schedule 1 to refer to a “senior coroner”, thereby identifying the statutory office for consistency with the Coroners and Justice Act 2009 and other legislation. Government amendment 10 replaces a reference to this “Schedule” in schedule 1, paragraph 4 with a reference to this “paragraph”. This is a drafting refinement to clarify that the definitions in new paragraph 2A of schedule 5 of the Coroners and Justice Act 2009 apply only to that paragraph rather than to the entirety of schedule 5. I commend these amendments to the committee.

Alex Davies-Jones

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I can confirm that an area coroner, for the sake of the Bill and under the Coroners Act, is classed as a senior coroner.

Amendment 8 agreed to.

Amendments made: 9, in schedule 1, page 30, line 38, after “to the” insert “senior”.

This is a drafting refinement.

Amendment 10, in schedule 1, page 32, line 1, leave out “Schedule” and insert “paragraph”.—(Alex Davies-Jones.)

This is a drafting refinement.

Schedule 1, as amended, agreed to.

Clause 3

Section 2: further provision

Question proposed, That the clause stand part of the Bill.

Alex Davies-Jones

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Clause 3 works alongside clause 2 in making some more detailed provisions about the operation of the duty of candour and assistance at inquiries and investigations to ensure that they are practical, effective and proportionate. Clause 3(2) provides important flexibility for inquiries and investigations to alter or disapply the requirement for public officials and authorities to notify the inquiry or investigation if they have reason to believe they are relevant.

There may be situations where the requirement would be impractical or unhelpful for the inquiry itself. Clearly, it would have been impractical for every single NHS worker involved in the response to the pandemic to notify the covid-19 inquiry of their possible relevance, or an inquiry may wish to hear from those relevant to different subjects at different times and in different stages. Clause 3(3) reinforces clause 2 by requiring public officials and authorities to notify inquiries and investigations of their potential relevance as soon as is reasonably practicable. Subsections (4), (5), and (6) attach some procedure to the duty to make it practical, which schedule 1 builds on.

Inquiries and investigations will specify the assistance they require and what are called compliance directions in schedule 1. These give control to the inquiry or investigation to set out the assistance they actually require, and provide important clarity for those under the duty, so they know exactly what is expected of them. Clause 2 sets an expectation that public authorities will provide a position statement at inquiries. Such statements, made early on in proceedings can help inquiries to identify the key issues to investigate and to home in on the points of contention. In most cases, we expect these to be useful, but subsections (5) and (6) give inquiries the discretion to disapply that requirement if it would be contrary to the efficiency and effectiveness of the inquiry.

Alex Davies-Jones

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Yes, of course. I have mentioned the covid-19 inquiry—it would have been impractical for every single worker to come forward to an inquiry—but I add that the chair of an inquiry must give reasons, publishing them and outlining why it would not be practical, or not helpful to the inquiry, not to bring forward a position statement.

Subsection (7) is vital to ensure that the duty of candour does not cut across existing laws, such as those on data protection or safeguarding.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Extension of duty to other persons with public responsibilities

Alex Davies-Jones

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I thank hon. Members for their contributions. The amendment would apply the duty of candour to subcontractors as well as contractors of a public authority, as has been outlined. In the Bill, we have sought to extend the duty into the private sector in a manner that is proportionate and effective. The focus is, and must be, public authorities and public officials—those whose role is to serve the public. That has to be the starting point. The Bill then extends the obligations of the duty of candour and assistance to private bodies and individuals that either had a statutory health and safety obligation in connection with the incident under investigation or were a contractor to a public authority and, in that capacity, had a significant impact on members of the public in connection with the incident. As we have heard, these provisions are designed to capture the equivalents of Fujitsu in the Post Office inquiry.

Alex Davies-Jones

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I welcome that intervention. As I have stated, if there was a statutory health and safety obligation in connection with an incident under investigation, then, yes, those individuals would be captured by the Bill.

Alex Davies-Jones

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If there had been an investigation or inquiry into that then, yes, it would.

Subcontractors are one or more stages removed. They are responsible to the main or another contractor. Where relevant, we would expect a main contractor to account for the performance and actions of a subcontractor and be candid in doing so. Statutory inquiries and inquests already have the ability to compel evidence from such persons if necessary. Therefore, on balance, we do not think it necessary or proportionate to extend the duty to all subcontractors. I therefore urge the hon. Member to withdraw the amendment.

Alex Davies-Jones

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I am happy to pick up both those points. On the first point, I will work with the hon. Lady to ensure that we find a way forward in terms of ensuring that there is no unintended gap and that we are not missing anything. A balance has to be struck between how far we go in the private sector before we are covering everybody with a duty of candour. However, we can find a way forward here.

Alex Davies-Jones

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I agree. I am committed to working with hon. Members on a way forward.

On the point made by the hon. Member for Wells and Mendip Hills about what happens if the head office is abroad, the Bill will provide the inquiry or investigation with the powers to obtain information from an individual wherever they are, even if they have retired, if they have resigned or if they now live abroad.

Alex Davies-Jones

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I sincerely thank my hon. Friend for his amendment, which seeks to lower the mental standard threshold from intent to include recklessness for the purposes of the offence of failing to comply with the duty. Recklessness already applies to breaches of the obligations in clause 2(4) and (5), so the amendment would extend the application of recklessness to obligations in clause 2(3). As the Committee has heard, under clause 2(3), those whose acts or information may be relevant to an inquiry or investigation are obliged to make themselves known to the chair. We think there is uncertainty about what recklessness in this context would actually mean and therefore do not think it right for there to be uncertainty about the test for a criminal offence.

Conversely, it is straightforward and clear for the test to be that an individual or authority intends to impede the work of the inquiry or investigation by failing to make it known that they might be relevant. Once an individual or authority has received a compliance direction from the inquiry or investigation specifying the assistance that is required—the second stage of the duty—they will then know clearly what is required of them, so the test for the offence becomes either intention or recklessness. Recklessness in that context makes sense. I therefore urge my hon. Friend to withdraw the amendment, although I am happy to meet him to discuss these concerns.

Alex Davies-Jones

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I thank all hon. Members for tabling these amendments and for today’s debate. As we heard on Thursday, command responsibility is a priority for change and accountability, and I therefore hope I will be able to provide further clarity as to how our Bill ensures clear accountability right at the top. Hillsborough families were clear that there must be individual accountability, with those who have engaged in state cover-ups held responsible. Our Bill clearly delivers that.

Any individual who commits a duty of candour offence can be prosecuted. That includes chief executives or the equivalent. If a public authority breaches its duty of candour or misleads the public, anyone in a management position who consented or connived with that breach can also be prosecuted. As such, amendment 27 would duplicate the provisions in schedule 3(3). Given that clarification, I ask the hon. Member for Wells and Mendip Hills to withdraw the amendment.

Our Bill is consistent with the approach taken in other legislation, including the Bribery Act 2010 and the Fraud Act 2006, where personal liability for offences committed by a corporate body relies on consent or connivance. Anyone in charge of a public authority has a legal obligation to take all reasonable steps to ensure that their authority complies with the duty of candour and assistance. If they fail to do so, they will face prosecution.

Amendments 33, 34, 44 and 45 would hold the chief executive personally responsible for offences committed by the public authority even if they did not have knowledge of the offence being committed, and even if—in the case of amendments 33 and 44—they had taken all reasonable steps to ensure the organisation’s compliance with the duty of candour. We do not believe that that is the intention of the amendments, and we do not think it fair to attach criminal responsibility in that way. We intend the duties to apply widely. For example, we plan to extend the duty of candour and assistance to NHS investigations. It would not be reasonable or realistic to expect the chief executive of an NHS trust to be across every single detail of every response in any investigation into an incident at that trust. Instead, we would expect them to have systems in place to ensure that the authority is complying, which is precisely what the Bill requires them to do.

Alex Davies-Jones

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I totally agree. I am absolutely reassured that the Bill, as drafted, does just that. It ensures that there is criminal liability on the head of a public authority to ensure that everything is covered. However, as I have already stated, when something goes wrong in an NHS setting and we know that something has gone wrong but are unable to find out exactly what, despite the head of that NHS trust having all the procedures in place for applying the duty of candour, it would not be fair or reasonable to put criminal sanctions on the head of that NHS executive.

Alex Davies-Jones

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I genuinely do not think that we have crossed wires here. The intention of the Bill is the same as that of the amendments; it is just about how we are doing this. Our approach holds the heads of authorities and the heads of all public organisations accountable for the things that they can reasonably be expected to do or not do. There is no exemption here: it is about whether they have done it or not, and about what is reasonably to be expected of them. We are confident that such accountability, as drafted in the Bill, will drive positive cultural change. The amendments in this group would unintentionally have the potential to criminalise a chief executive even if they did not have knowledge of the offence being committed and they had taken all reasonable steps to ensure the compliance of the organisation. We can find no precedence for such an approach and are deeply concerned that it could have a chilling effect on recruiting public sector leaders.

I reassure the Committee that the Bill ensures accountability right at the top. I am happy to share further information with the Committee, setting that out exactly as it is, and I urge the hon. Member for Wells and Mendip Hills to withdraw amendment 27.

The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)

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We talk about focusing minds. The Bill will clearly focus minds, because a chief executive can face criminal prosecution and potentially prison if they are not candid, if they consent or connive with someone not being candid, or if they fail to take all reasonable steps to ensure that the authority is candid. Those are three different and distinct routes to criminal prosecution that will sharply focus minds. We need to hold senior individuals to account for things that they can actually do. Clearly, they cannot personally verify the accuracy of potentially hundreds of thousands of documents.

The whole Bill is about creating a new culture and accountability. Whenever an individual fails in their duty, they should be held accountable—whoever they are—and that can carry up to two years’ imprisonment. It is a privilege to see you in the Chair, Mr Dowd, but in this morning’s session, before you were in the Chair, I said that this entire Bill Committee is about listening. It is about listening to the families, campaigners and those who have come before, and considering all the work they have done to get us to this place. It is about listening to them with regard to what it means for the Bill to be a Hillsborough law.

I have listened to my hon. Friend the Member for Liverpool West Derby and other Committee members today, and I am committed to meeting him and finding a way forward. If there are genuine concerns regarding command responsibility, and Members feel that we are not going far enough, I am committed to listening and working with my hon. Friend on a way forward.

Alex Davies-Jones

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He will be part of the discussion.

Alex Davies-Jones

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I have seen them.

Alex Davies-Jones

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I totally agree that there should be responsibility and accountability at the top of any organisation. We are not doubting that; that is the intention of the Bill. Does the hon. Lady believe that the head of the OBR should have potentially been subject to criminal sanctions in that instance? Resigning is one thing; going to prison for up to two years is very different.

Alex Davies-Jones

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I believe that I stated this earlier, but should an official inquiry or investigation be called, the head of the OBR, who has now resigned, or the head of any organisation—we are speaking in hypotheticals here—who was involved in an inquiry or investigation and had resigned, retired or moved abroad would be compelled to come to give evidence under the duty of candour. They would not be excused.

Alex Davies-Jones

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Clause 5 sets out the offence of failing to comply with the duty of candour and assistance, as set out in clauses 2 to 4 of the Bill, so that the duty has bite. The offence is intended to provide a powerful deterrent effect to drive culture change. As I set out when covering clause 2, the duty has two stages: first, the requirement for public authorities and officials to make themselves known to an inquiry or investigation if their acts or information may be relevant; secondly, the requirement to provide any assistance as specified in a compliance direction from that inquiry or investigation. There is also a requirement for the public official in charge of the authority to take all reasonable steps to secure that the authority complies with the duty.

Clause 5 provides that an individual or authority

“commits an offence if…they fail to comply with the duty”

In relation to the first stage of the duty, the duty to notify, they must have intended to impede the inquiry or investigation by that failure. As for the second stage, the duty to comply with a compliance direction, they must have either intended to impede the inquiry or investigation or been reckless as to whether they would do so.

The intention and recklessness threshold also applies in relation to any breach of the duty on leaders of authorities that fail to put in measures to secure compliance with the duty by the authority and its officers. We have made this distinction in tests between the two stages because, in relation to the duty to notify, we do not want to criminalise someone for genuinely being unaware of an inquiry or investigation. Clause 5(2) sets out the penalties for those convicted of the offence, either on summary conviction at a magistrates court or on indictment at a Crown court. In the latter, the maximum prison sentence for this offence is imprisonment for a term not exceeding two years or a fine, or both.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Security and intelligence information

Alex Davies-Jones

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I thank the hon. Member for his amendment. I will respond to amendment 21 and the other amendments in turn, before moving to the question that clause 6 stand part of the Bill.

As the hon. Gentleman stated, amendment 21 would ensure that when clause 2(3) of the duty applies to the intelligence services, the head of the intelligence service must give the Intelligence and Security Committee a summary of any relevant acts or information. The Government have taken his points on board, and we are actively considering options to be introduced on Report. I commit to continuing to engage with him, other Committee members and external stakeholders to make sure that we find a way forward that is fit for the Bill and fit for protecting national security.

Alex Davies-Jones

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I welcome the withdrawal of the amendments. We had a discussion earlier about why we have not listed organisations in the Bill. We did not want it to be an exhaustive list and to miss an organisation out unintentionally, which could lead them to think that the Bill does not apply to it. We have been extremely clear that intelligence services are covered by this Bill, including clause 6. I reaffirm that to reassure the hon. Gentleman.

Clause 6 sets out that the duties in the Bill apply to the intelligence services, but it requires that proper arrangements and protections are in place to safeguard national security. As subsection (2) states, the obligation in clause 2(3) for a person to notify the inquiry or investigation does not apply to

“a person who works for an intelligence service”,

or where doing so would result in the release of security or intelligence information.

To be clear, inquiries and investigations are able to demand assistance and information from the intelligence services under the obligation in clause 2(4), but appropriate arrangements need to be in place for an inquiry or investigation to receive that sensitive information, as is the norm now. Individuals revealing acts or information outside of those arrangements could be detrimental to national security, as I am sure all hon. Members would agree.

Subsection (3) places a requirement on the heads of the intelligence services to put in place internal arrangements to ensure that those who work for the service comply with the requirements to record any acts or any information that may be relevant to an inquiry or investigation. They must inform the service if they hold such information that is not already available to it. That ensures that the services have all the information they need to discharge their obligations under the duty as an authority. However, as I have already stated, I am committed to working with hon. Members, external stakeholders and the UK intelligence services to make sure that we have as a robust Bill as possible that fulfils the aims, objectives and intentions of us all.

Clause 6 ordered to stand part of the Bill.

Clause 7

Transitional provision in relation to this Chapter

Question proposed, That the clause stand part of the Bill.

Alex Davies-Jones

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The clause provides that the duty of candour and assistance will apply to inquiries and investigations that are already ongoing at the time of commencement, as well as those that start afterwards. It may be necessary to set out further transitional provisions in the commencement regulations to ensure that ongoing inquiries and investigations can make effective use of the duty and are not delayed or forced to repeat stages by its procedural requirements if they are already far advanced.

Clause 8 sets out the meaning of key terms used in this chapter of the Bill, which deals with the duty of candour and assistance. Specifically, it defines “inquiry” as meaning

“an inquiry under the Inquiries Act 2005”

and a non-statutory inquiry meaning where

“paragraph 2 of Schedule 1 applies”.

Subsection (1) defines the terms “investigations”, “position statement”, “public official” and “public authority”, and references the appropriate Act or schedule from where the definitions are drawn. Clause 8(2) defines what the individual “in charge” of a public authority means. Clause 8(3) then defines “chief executive” as meaning an

“individual working for the authority who…is responsible under the immediate authority of the board of directors for the general functions of the authority.”

The clause is essential for allowing us and any future readers to interpret the key terms used throughout the Bill.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Amendment made: 4, in clause 8, page 6, line 32, at end insert—

“, or

(c) an inquiry to which paragraph 3A of that Schedule applies (local authority inquiries);”—(Alex Davies-Jones.)

This amendment is consequential on amendment 7.

Clause 8, as amended, ordered to stand part of the Bill.

Clause 9

Expected standards of ethical conduct

Alex Davies-Jones

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I am very grateful to my hon. Friend for tabling these amendments. As we all heard last Thursday, true cultural change is a key part of implementing the Hillsborough law, and the professional duty of candour required by clause 9 is at the heart of that. Amendments 46 to 48 admirably seek to strengthen the duties imposed on public authorities to promote ethical conduct and adopt a code of ethical conduct.

As my hon. Friend will be aware, clause 9 places a duty on public authorities to promote and maintain high standards of ethical behaviour and conduct. Professional duties of candour will be tailored to the specific sector to which they apply, making them meaningful to staff and responsive to the needs of those who use that organisation’s services. While I am grateful to my hon. Friend for suggesting these amendments, we believe that our drafting achieves the same purpose as the proposed amendments and is sufficiently clear and robust.

Amendment 49 seeks to require public authorities to consult with recognised trade unions on the creation and maintenance of a code of ethics. I thank my hon. Friend for highlighting the issue of trade union engagement. I am a proud trade unionist myself—I refer Members to my entry in the Register of Members’ Financial Interests relating to the unions that I am a member of. I agree that if a code of ethics is to be truly successful, it is important that those working for the authority and their representatives, including trade unions, should have a proper opportunity to contribute to its development.

However, given the complexity and diversity of arrangements across the public sector, the Government’s view is that it would not be advisable to prescribe standard procedural arrangements for all public authorities in this Bill. Many organisations already have an existing code of conduct or a code of ethics. These exist in different forms and may have different underpinnings and links to other organisational governance arrangements. For example, the civil service code forms part of civil service contracts, and the code of ethics in policing is produced by the College of Policing, which does not directly employ individual officers.

Adapting and adopting a code of ethics will require different processes of development, engagement and consultation for each organisation and sector. This is not a one-size-fits-all approach, nor should it be. Public sector employees and employers will have existing arrangements and consultation with trade unions. Creating a specific requirement in the Bill could create confusion and usurp the existing processes and relationship arrangements between public authorities and their trade unions. I am keen to work with my hon. Friend to consider how we can encourage employees and their representatives to be engaged in the processes of developing the codes. In fact, we are already in discussions with trade unions on how we can best include them in the process through consultation and guidance to ensure that we have the most robust practices. With those assurances, I urge my hon. Friend to withdraw his amendment.

Alex Davies-Jones

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I thank the hon. Gentleman for raising an important issue. Amendment 43 would, as he states, make authorities set expectations for staff on how to retain and disclose their digital records in accordance with the obligations under the duty of candour. Proper record keeping is important to ensure accountability and propriety in decisions made by public authorities. That applies where records are on paper or held digitally— for example, in a WhatsApp group—and it is important that organisations have policies and processes in place to manage these effectively.

However, the Government’s view is that the code of ethical conduct is not the correct vehicle for establishing those processes. The Public Records Act 1958 already places certain requirements on public authorities. Under that Act, the Keeper of Public Records issues guidance to supervise and guide the selection of historic records —including digital records—worthy of permanent preservation.

Disclosure to inquiries and inquests will require the detailed consideration of various factors, including the fact that the authority’s legal obligations include the duty of candour and assistance, the protection of personal or sensitive information, and the relevance to the inquiry’s terms of reference or the inquest. Authorities may also require specific legal advice. Separate and bespoke policies will therefore be required. The professional duty of candour established under clause 9 is intended to focus on what candour means for each public official going about their business in their day-to-day role. I therefore request that the hon. Member for Cheadle withdraws the amendment.

On the point about whether WhatsApp messages are covered, and specifically disappearing messages or those deleted in the course of work, as they sometimes are, the duty of candour and assistance requires all public officials and authorities to provide all relevant information. If a public official was part of a WhatsApp chat in which relevant information was exchanged, they would be obliged to inform the chair of that fact, and if disappearing messages had gone or the chats had been deleted, they would have to provide an account of what was discussed, to the best of their recollection, even if the messages had since been deleted or vanished.

Alex Davies-Jones

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I recognise that concern, which I share, and we are looking at that in terms of the passage of the Bill. As I have stated, the duty would be on the public authority, official or subcontractor to disclose all the information to the chair of the inquiry or investigation.

Alex Davies-Jones

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The information provided to the inquiry would be covered and, as per the provisions of this Bill, subcontractors would be caught under the duty of candour and would have to disclose any relevant information, as per the information disclosed in that Act. I hope that clarifies it.

Alex Davies-Jones

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Again, I totally agree with the policy intention. If the Bill had become an Act when the covid inquiry was under way, might that inquiry have carried things out differently, or provided information in a new way or in a new light? We cannot answer that. All I can say is that the purpose and intention of the Bill is to ensure that any inquiries or investigations seek the whole truth and that all information is disclosed so that we are never put in that position again. That is the intention of the Bill, and we have made sure it is as robust as possible to provide for that.

Alex Davies-Jones

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My right hon. Friend makes a very important point: it is for each individual organisation to determine the policies and procedures for their record keeping. It might be wholly appropriate for one organisation, if it has a small number of employees, to use a WhatsApp group, but we would expect records to be kept appropriately and for employees not to turn on disappearing messages. That would be part of the terms and conditions in the guidance and practices for the employees.

It would be for each different organisation to determine what is right and appropriate. It is not for Government to tell any organisation how to run its business or manage its employees. However, we have set out the bare minimum that is expected: the Bill makes it explicitly clear that records of any information relevant to an inquiry or investigation should be kept, and that such information should be disclosed to the inquiry or investigation if requested.

Alex Davies-Jones

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I thank the hon. Gentleman for tabling his amendment. The Government believe it is imperative to have policies and processes in place to enable officials and public servants to speak up when they see that something is wrong. If we are to address the culture change that we have heard about a hundred times, it is important to have that in place. That is why the Bill requires all public authorities to set out how a person can raise concerns if they think their colleagues are not acting in accordance with the code, and the process for making a protected disclosure, also known as whistleblowing.

The amendment would require individuals to take a particular course of action. This risks cutting across established disciplinary and whistleblowing regimes, with potentially significant implications for employees. I assure the hon. Gentleman that we are working across Government with the Department for Business and Trade on how we reform whistleblowing more generally, and as the Bill progresses we will be looking quite carefully at whistleblowing and protections for individuals. However, we do not think the amendment would have the intended consequences, and it might cause us more issues, so I request that the hon. Gentleman withdraw it.

Alex Davies-Jones

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I will happily come back to the hon. Gentleman. Say, for example, that someone in the police force believes that a colleague is not acting in accordance with the code of ethics, but that individual may not be privy to the details of an undercover operation that their colleague is aware of and they are cutting across existing provisions in the police force. If that individual had to do as the hon. Gentleman intends with his amendment, they could hinder the investigation or cause unintended consequences.

With the Bill, we are saying that there must be a way of reporting. Every public organisation must have that built in but, as we have discussed, a one-size-fits-all approach does not work across all public sector authorities. What will work in the NHS will not work in the police or for probation. This all has to fit the specific authority. Therefore, there has to be a mechanism for reporting, but we are not designating a specific one.

Alex Davies-Jones

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I am happy to do that.

Alex Davies-Jones

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I thank Members for raising those important points. We discussed whistleblowers and the protections needed for them a lot in the oral evidence sessions. It is essential that if there is wrongdoing in an organisation, those working for the organisation can come forward and raise the alarm, and be confident that they will be protected when doing so.

Through the Bill, public authorities will be required to promote and maintain standards of ethical conduct, and their leaders will be held accountable for that. In doing so, leaders must ensure that their authority’s code of ethics contains information about any whistleblowing policies or procedures.

Alex Davies-Jones

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The hon. Lady has pre-empted my next comments. The Bill will ensure that workers who are protected against retaliation by an employer for blowing the whistle about wrongdoing—known formally as making a protected disclosure under the Employment Rights Act 1996—are more aware of their rights.

We believe that certain elements of the amendments are unnecessary. For example, while we are absolutely sympathetic to its aims, amendment 26 would require employers to provide information on prescribed persons that is already online, on gov.uk. The amendments could also introduce confusion—

Alex Davies-Jones

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And that is the very confusion the hon. Lady mentioned. If she lets me finish my point, I will give way.

Amendment 50, for example, may lead some people who work for a public authority, but are not workers, to believe that their disclosure may qualify for whistleblowing protection under the Employment Rights Act 1996. We do not wish to cause that confusion. I point the hon. Lady to our work on whistleblowers across Government, which will of course inform work on the passage of this Bill.

Alex Davies-Jones

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The hon. Lady will be aware of the work we are doing on NDAs in the Victims and Courts Bill and the Employment Rights Bill. A lot of work is happening across Government on how we can protect individuals who are being forced to sign NDAs or those who feel unable to come forward and whistleblow. That work is being done holistically and is led by the Department for Business and Trade. I am happy to discuss her concerns more broadly in Committee, during the passage of the Bill, and outside the Committee.

Alex Davies-Jones

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I am happy to discuss our broader work on this and how we move forward on whistleblowers with the hon. Gentleman and the hon. Member for Wells and Mendip Hills outside the Committee Room.

Alex Davies-Jones

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I thank both hon. Members for tabling the amendments in this group; I will respond to each in turn.

First, amendment 28 would require there to be a standard template for a code of ethics. The Government recognise the importance of supporting public authorities to develop their codes of ethical conduct, and we commit to doing so. Clause 10 confers a power on the Secretary of State and the devolved Governments to issue guidance that authorities will be required to have regard to when drawing up codes for their organisations.

The newly established Ethics and Integrity Commission will in time also have a role in supporting public bodies by making toolkits, best practice and guidance available for public sector bodies. Although we envisage that standard templates will be useful, as I have already said, there is no one-size-fits-all approach. We wish to retain the flexibility to allow each individual organisation and sector to consider what would work best for them, but support will of course be available for them in doing so.

Amendment 25 would require a public authority to modify its code for specified circumstances or for specified people who work for the authority. I want to reassure Members that clause 9(7) provides for public authorities to specify that their code may apply with modifications in specified circumstances or to people of a specified description who work for the authority.

The intention of clause 9(7) is to enable authorities to reflect different expectations or obligations that apply to different groups of employees—for example, a school’s code of conduct may apply differently to teachers and janitorial staff. It could also reflect different processes that apply in different situations, for example, in an emergency situation compared with everyday business as usual. The Government’s view is that it should be for the authority to determine whether and how it uses that flexibility, noting that it must set out the reasons for doing so—that is important. We do not think that authorities should be required to do so, which is what the effect of amendment 25 would be.

Amendment 23 would require the Secretary of State to ensure that adequate funding is available to public authorities to provide training to their officials on compliance with the code of ethical conduct. I again want to assure hon. and right hon. Members that the Government have an ambitious plan for the implementation of the Bill. The Bill is just one part of the puzzle; it needs to be implemented fully, workably and effectively. It is just part and start of the culture change that we want to see in public sector organisations. The plans will of course include training for public servants, as well as oversight of the codes themselves.

A number of public sector organisations are already working on cultural or leadership programmes, and implementation of the Bill may be undertaken alongside or as part of existing initiatives to ensure that the code is seen as central to driving change in the organisation’s culture on a sustainable basis. The Bill requires public authorities to promote and maintain standards of ethical conduct among those who work for the authority. The duty ensures public authorities will be accountable, while allowing flexibility for the practical arrangements that each authority might put in place. I hope that assures the hon. Member for Aberdeenshire North and Moray East, and I am happy to work with him and others on the implementation of the Bill as it goes forward.

Finally, new clause 4 would require the Secretary of State to commission an independent report setting out whether and how public authorities have complied with the duty of assistance and candour. The Government agree that it is essential that the duties in the Bill are properly upheld and enforced. That is why the Government are ensuring independent oversight of implementation of the Bill’s provisions. The Government have committed to commissioning an annual independent assessment report to ensure that public bodies are complaint with the codes of ethics requirement in the Bill. That report will make clear which parts of the public sector are rising to the challenge and which are failing to do so. We will not be afraid to name and shame who is abiding and who is not.

Compliance with the duty of candour and assistance at inquiries and investigations can, sadly, be judged only by the inquiry or investigation itself. They are responsible for monitoring compliance with the legal duty and for taking enforcement action, such as referring the case for criminal proceedings if necessary. I would like to assure all Committee members that the Government are absolutely committed to ensuring effective implementation of all the measures in the Bill and to achieving the cultural change that is so desperately needed. I therefore urge hon. Members not to press their amendments.

Alex Davies-Jones

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Yes, it is annual.

Alex Davies-Jones

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I am happy to get back to the hon. Gentleman—but yes, essentially. We will need to look at how we implement the Bill once it becomes an Act—hopefully it will become an Act—and at the requirements that will come from that. I will happily have those discussions with him and every other public authority on how best we do that. Should other resources be needed, that is something that the Government will consider.

Alex Davies-Jones

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To ensure that public sector culture changes for the better, clause 9 introduces a new duty on public authorities to promote and take steps to maintain high standards of ethical conduct at all times by people who work for the authority. This means acting in accordance with the seven principles of public life, known as the Nolan principles: honesty, integrity, objectivity, accountability, selflessness, openness and leadership.

Under the Bill, all public authorities will be required to adopt a code of ethical conduct. This will ensure comprehensive coverage across the public sector. It will not be enough to simply have a code; authorities will be legally required to publish their codes and take active steps to make their staff aware of the code, and the consequences of failing to comply with it.

Clause 9(4) and (5) set out minimum standards that all codes must meet. Each code must establish a professional duty of candour, and an expectation that those working for the authority will act with candour at all times. Professional duties of candour will be tailored to the sectors to which they apply; they will be meaningful to staff and responsive to the needs of those who use an organisation’s services. The code must set out the practical ways in which ethical standards should be upheld and the disciplinary consequences of failing to act in accordance with the code. This will ensure that the code acts as an aspirational document, setting out best practice, but also as an effective deterrent against unethical behaviour.

Ensuring there are routes where individuals can raise concerns about public institutions is essential for ensuring that issues are identified and addressed as early as possible. Clause 9(5) requires an authority’s code to set out: how staff can raise concerns if they think their colleagues are not acting in accordance with the code; how staff can make protected disclosures, including any whistleblowing policies; and a clear process for external complaints about the conduct of the authority or those working for it.

Recognising the diversity of the public sector, the Bill includes some flexibilities. A code can provide for its standards to apply differently in specific circumstances or to specific groups of people, but it must set out reasons for doing so. For example, it may not be appropriate to apply all of the same standards to doctors as to the cleaning staff in an NHS trust. The Bill allows a public authority to adopt a code produced by another body. For example, schools can adopt a code published by the Department for Education, or local authorities can adopt codes from the Local Government Association. This is to ensure consistency across sectors and will minimise the burdens on smaller organisations. 

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Schedule 2

Non-statutory inquiries

Alex Davies-Jones

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I again thank my hon. Friend for tabling these amendments. I hope that I will provide him with some clarification and assurances on exactly why we have adopted this approach in our drafting. The provisions that amendment 55 would amend are typical in legislation. They provide that actions legally done by the Crown or the holder of a particular office, such as a Secretary of State, can be attributed to a Government Department.

The definition of a “public official” in schedule 2(3) includes an individual who

“holds office under a public authority”.

By removing the explicit reference to the holder of a particular office, the amended paragraph would actually, and no doubt unintentionally, narrow the scope of what can be attributed to a Government Department. Only actions that are strictly acts of the Crown could then be attributed to a Government Department for the purposes of the duty of candour provisions and associated offence, as well as the misleading the public offence, not those done legally in the name of the Secretary of State. In our view, this would actually weaken the Bill, and I therefore urge my hon. Friend to withdraw amendment 55.

Amendments 58 to 60 seek to apply the duty of candour and assistance, along with the misconduct in public office offences in part 3, to staff employed on local contracts overseas, including consular staff at embassies. My hon. Friend is correct to note that there are two examples of this exclusion in the Bill, one from the definition of “public official” in relation to the duty of candour, and one from the definition of “civil servant” in relation to part 3. They exclude what are known as country-based staff. These are, for example, locally engaged staff who are employed by an embassy or consulate generally to do administrative or support work, such as site maintenance.

While employed by the embassy or equivalent, these individuals are subject to the laws of the country in which they live, and they are supervised by United Kingdom civil servants who are subject to all parts of the Bill. In excluding locally employed staff from the provisions in the Bill, the Bill follows all precedented approaches relating to these staff, such as the Constitutional Reform and Governance Act 2010. To take a different approach would be a significant and unprecedented change. I hope my hon. Friend understands that clarification and is content not to press amendments 58 to 60 to a vote.

I turn to schedule 2 and clause 10. Many of the Bill’s substantive provisions apply to a public authority or public official. Schedule 2 defines those terms for the purposes of part 2 of the Bill. There are different definitions of “public authority” for different parts of the Bill, and I appreciate that this can be confusing, so I hope to clarify why. Part 2 of the schedule sets out the definitions of “public authority” and “public official” for the purposes of the duty of candour and assistance and the offence of misleading the public. These are broad definitions that are intended to capture anyone, including private companies, who exercises a public function.

Paragraph (2)(4) sets out that there are express reservations for the courts, Parliament and the devolved legislatures, reflecting long-standing constitutional conventions of self-regulation and independence. The north-south bodies established under the Good Friday agreement are also excluded to avoid capturing officials in the Irish Government.

Alex Davies-Jones

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I am happy to clarify both those points, and I assure the hon. Lady that they are captured in this part of the Bill.

“Public official” is defined in schedule 2 as all of those who work for a public authority or hold office under a public authority—including those that the hon. Lady mentioned—and individuals who hold a relevant public office. That is defined to include offices that are established in legislation or by Ministers, where the UK or devolved Government are wholly or mainly constituted by appointment made by the Crown or Ministers, and they exercise functions of a public nature. Former public officials are also included in that—for example, retired civil servants and those who have resigned from the service. There are various exclusions, such as for individuals acting in a judicial capacity, non-executive elected members of a local authority who operate executive arrangements, and those in the private service of the Crown.

Part 3 of the schedule sets out the definition of “public authority” for the provisions on standards of ethical conduct, including the requirement to adopt a code of ethics. That definition of “public authority” is limited to the core public authorities, those commonly understood to be part of the state. The definition includes a list of named public authorities. That includes Government Departments, the devolved Governments, the armed forces, the police, local authorities, NHS bodies, schools, and any bodies that are both established by Ministers of the Crown and are wholly or mainly constituted by public appointments. That is intended to capture the wide range of arm’s length and other public bodies. The definition does, however, include the same exclusions for Parliament, the courts and those north-south bodies that were previously mentioned.

Alex Davies-Jones

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Yes, I can confirm that. Those provisions of the Bill contain a power to allow the definition to also be extended by secondary legislation to private companies that exercise specified public functions. That would allow the code of ethics provisions to be extended to specified high-risk public functions by secondary legislation—for example, in privately run prisons.

Finally, I turn to clause 10, which provides that guidance can be issued by the national authority if it wishes to do so, for the purposes of chapter 2, which relates to the standards of ethical conduct. That means that the Secretary of State and the devolved Governments can issue guidance on how public authorities can fulfil their duty to maintain high standards of ethical conduct, including in drafting and adopting their codes of ethical conduct.

Clause 9 sets out minimum standards in law that all codes must legally meet. We have the option to use guidance under clause 10 to set out best practice in each of those areas, encouraging authorities to consider what arrangements they can put in place to ensure that the highest standards of ethical conduct are in place. However, as we have already discussed, given the diversity of the public sector, there is no one-size-fits-all approach, and any guidance that is issued will allow each authority to consider how those requirements in the Bill can best be implemented to serve them in a way that best suits them and the needs of their organisations and sectors. All public authorities will be legally required to have regard to the guidance.

UK Ministers will be responsible for guidance for UK and England-only bodies, and the devolved Governments will have powers to issue guidance that relates exclusively to devolved matters. That is to reflect the devolution settlement, and it ensures that the devolved Governments can provide guidance to the public authorities to which they are responsible and—speaking as a Member of Parliament for a devolved area—also that they could potentially also be bilingual, as they would have to be to comply in Wales.

We intend to work closely with our devolved colleagues on the development of any such guidance, and I again put on record my thanks to all the devolved Governments for their collaborative and collegiate approach to working with us on the Bill to ensure that we have a unified approach.