The Deputy Prime Minister (Oliver Dowden)
In April 2016, the then Home Secretary commissioned Bishop James Jones to produce a report on the experiences of the Hillsborough families, to ensure their perspective was not lost. The bishop’s report was published in November 2017. The bishop identified 25 points of learning in his report. A key recommendation among these was the creation of a “Charter for Families Bereaved through Public Tragedy” or, as it will be known, the Hillsborough charter. The charter, which the Government have signed, seeks to ensure that the lessons of the Hillsborough disaster and its aftermath are learned, to prevent those who are affected by public tragedy in the future from having the same experience.
Much of the charter is already embodied in the rules, obligations and codes that already apply to those in Government. In signing the charter, the Government are reaffirming their commitment to a continuing culture of honesty and transparency in public service and the wider public sector, in line with the existing frameworks and the underpinning values of the seven principles of public life—the Nolan principles—including in response to public inquiries.
The below sets out how the six points of the charter are reflected in existing rules, obligations and codes that apply to those who work in Government, and how the Government understand the effect of the charter in relation to these obligations:
In the event of a public tragedy, activate its emergency plan and deploy its resources to rescue victims, to support the bereaved and to protect the vulnerable.
Emergency response is provided for at a frontline level by organisations such as local authorities and emergency services, supported by statutory duties under the Civil Contingencies Act 2004. It is the responsibility of the local resilience forum to co-ordinate the response to a major emergency, which is in line with this commitment in the charter.
Place the public interest above our own reputation.
The concept of placing the public interest ahead of reputation is rooted in the seven principles of public life and, in particular, the first principle of selflessness. All public servants should follow this principle, which states they should act solely in terms of the public interest. The civil service code, which is underpinned by primary legislation, includes four values—honesty, integrity, impartiality, objectivity. It makes clear that all civil servants are expected to carry out their roles with dedication and a commitment to the civil service and its core values, including integrity—putting the obligations of public service above your own personal interests. Special advisers are temporary civil servants, and follow the code of conduct for special advisers and the civil service code, other than the provisions on impartiality and objectivity; they are also bound by the requirement in the civil service code to act with integrity and honesty.
Approach forms of public scrutiny—including public inquiries and inquests—with candour, in an open, honest and transparent way, making full disclosure of relevant documents, material and facts. Our objective is to assist the search for the truth. We accept that we should learn from the findings of external scrutiny and from past mistakes.
The seven principles of public life embed a requirement for all public servants to behave with openness—acting and taking decisions in an open and transparent manner and only withholding information from the public for clear and lawful reasons—and with honesty, or being truthful. They also require public servants to be accountable by submitting themselves to the scrutiny necessary to ensure this. The civil service code requires that civil servants deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, and that they comply with the law and uphold the administration of justice. Ministers are subject to an overarching duty to comply with the law and to protect the integrity of public life.
The principles of the charter reflect the existing approach under the Nolan principles, the civil service code and the concept of operations to deal with the public and in respective processes openly and honestly. These principles also reaffirm our commitment to comply with the duty of candour and our existing disclosure obligations in respect of all proceedings in which the Government participate.
In some situations, it may be inappropriate for official information to be disclosed publicly—for example, legally privileged information—or it may not be in the public interest to do so because of the subject matter, such as issues of national security. The Law Officers’ convention may also apply to such information. Public officials are also subject to other requirements around information sharing, such as the Official Secrets Act 1989 and exemptions within the Freedom of Information Act 2000. This means that full disclosure may not always be possible in relation to broader scrutiny or inquiries. In signing the charter, the Government are not intending to widen the disclosure obligations which currently apply or to narrow the well-established exceptions to those obligations. Nevertheless, the Government are committed to ensuring transparency and openness in relation to public inquiries and inquests in the event of a public tragedy, and public officials are committed to this by the existing framework of obligations.
Hon. Members will be aware of the judicial review brought by the Government in relation to the covid inquiry. This was to establish clarity on an important point of law. We now have a clear ruling on the powers of public inquiry chairs on the submission of material.
The Government do not understand the charter to expand or alter such obligations whether in judicial review proceedings, inquiries or inquests—or any other proceedings—as defined in the Civil Procedure Rules, the Inquiries Act 2005 and settled case law. The Government will continue to comply with their existing duties in relation to candour and disclosure.
Similarly, the Government do not understand the existing duties in respect of the provision of information directly to the public to be expanded or altered by the signing of the charter. This is subject to extensive regulation in, for example, the provisions—including public interest considerations—of the Freedom of Information Act 2000 and the Environmental Information Regulations, as well as the Inquiries Act 2005.
Avoid seeking to defend the indefensible or to dismiss or disparage those who may have suffered where we have fallen short.
Under the seven principles of public life, all public servants are required to demonstrate leadership, which includes treating others with respect and challenging poor behaviour wherever it occurs. They are also required to act with selflessness, by acting solely in the public interest, and with honesty by being truthful. The civil service code makes clear that all civil servants are expected to carry out their roles with dedication and a commitment to the civil service and its core values, including honesty—being truthful and open—and integrity, or putting the obligations of public service above your own personal interests.
Special advisers are also bound by these requirements, by the code of conduct for special advisers, which sets out that
“the preparation or dissemination of inappropriate material or personal attacks has no part to play in the job of being a special adviser as it has no part to play in the conduct of public life”,
and the civil service code. Ministers are expected to maintain high standards of behaviour and to behave in a way that upholds the highest standards of propriety.
In accepting this principle, the Government do note however the importance of individuals being able to explain the rationale for their actions in the face of public scrutiny, including in the context of public inquiries.
Ensure all members of staff treat members of the public and each other with mutual respect and with courtesy. Where we fall short, we should apologise straightforwardly and genuinely.
All seven principles of public life broadly capture the need for public servants to treat the public and each other with respect and courtesy, and to be honest, transparent and genuine in assessing outcomes. The civil service code requires that civil servants are professional in how they deal with the public and their affairs, and act fairly, efficiently, promptly, effectively and sensitively.
It also requires that they comply with the law and uphold the administration of justice, acting with integrity by putting the obligations of public service above their own personal interests. As already noted, Ministers are expected to maintain high standards of behaviour and have an overarching duty to comply with the law and to protect the integrity of public life.
Recognise that we are accountable and open to challenge. We will ensure that processes are in place to allow the public to hold us to account for the work we do and for the way in which we do it. We do not knowingly mislead the public or the media.
All public servants, in line with the seven principles of public life, are required to demonstrate openness by acting and taking decisions openly and transparently, and not withholding information from the public unless there are clear and lawful reasons for doing so. They are required to be accountable by submitting themselves to the necessary scrutiny to be held accountable by the public, and to demonstrate honesty—being truthful—which would include not knowingly misleading others.
The civil service code requires that civil servants and special advisers deal with the public and their work fairly, and they comply with the law and uphold the administration of justice. Ministers have a duty to account to Parliament and will be held to account for the policies, decisions and actions of their Departments and agencies, and must give accurate and truthful information to Parliament. Ministers should be as open as possible with Parliament, refusing to provide information only when disclosure would not be in the public interest, as set out in the extant 1997 resolution on ministerial accountability to Parliament.
[HCWS99]