Hillsborough Families Report: Government Response
(4 months, 3 weeks ago)
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The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)
My Lords, with the leave of the House, I will repeat a Statement made in the other place by my right honourable friend the Lord Chancellor.
“With permission, Madam Deputy Speaker, I would like to make a Statement on the Government’s response to Bishop James Jones’s report, ‘The Patronising Disposition of Unaccountable Power’: A Report to Ensure the Pain and Suffering of the Hillsborough Families is Not Repeated, and on the steps we will take to respond to the points of learning contained therein.
Bishop James has done our nation a great service and his report is an exceptional piece of work. I salute the Hillsborough families for the assiduous care they have given to help create the report and forge the response that flows from it. I had the privilege of meeting many of the families in Liverpool in June this year, alongside the former Home Secretary. I was deeply moved to hear of their experiences, and by the dignity with which they shared them, but perhaps even more affecting was their unflinching determination to make sense of the senseless and bring about change for others. That is the true mark of compassion: campaigning selflessly for change, knowing that nothing that any Government can do will bring back their loved ones or temper their grief.
The Hillsborough families have, through their determined efforts over decades, created a lasting legacy—a national legacy—that is a tribute to their loved ones. At the start of his report, Bishop James expressed his hope that
‘we might be a better nation for having listened to them’.
We are, and they deserve the thanks of our nation.
I also pay tribute to those in this House who continue to campaign on behalf of the Hillsborough families and for families bereaved by other tragedies, including the Members for Garston and Halewood, Halton, Wirral South and Liverpool, West Derby. I thank former Members of the House who have given important support to the families, including Steve Rotheram and Andy Burnham. I thank Glenn Taylor for his vital work on the ongoing independent forensic pathology review.
Quite apart from its important recommendations, Bishop James’s report laid bare the truly devastating experiences of those bereaved by the Hillsborough disaster on 15 April 1989. An unimaginable tragedy unfolded: 97 innocent men, women and children ultimately lost their lives; hundreds more were injured and traumatised by what they saw. But for Hillsborough’s bereaved and survivors, that terrible day was only day one of an enduring ordeal, and in the days and decades thereafter, it became clear that they suffered a double injustice. First, there was the abject failure of the police and others at the ground to protect their loved ones—failures described in Lord Justice Taylor’s 1990 report as
‘blunders of the first magnitude’.
Then, they faced years of unforgivable institutional defensiveness.
Secondly, the Hillsborough families and survivors suffered what can only be described as cruelty, as innocent fans were cynically blamed for their own deaths. But that, as was later to become clear, was a web of lies spun by those seeking to protect their own reputations. I emphasise that point because, although the disaster may have been more than 34 years ago, such baseless narratives inexplicably persist in some quarters today. So let me take this important opportunity to restate what is not a matter of opinion, but unassailable fact: fans attending Hillsborough stadium on 15 April 1989 bear absolutely no responsibility for the deaths and injuries that occurred. In making that statement, I echo what was said seven years ago by my right honourable friend the Member for Maidenhead at this Dispatch Box when she read out the full findings of the second inquests—namely, that 96 men, women and children were unlawfully killed.
Since then, Andrew Devine, who suffered life-changing injuries at Hillsborough, passed away on 27 July 2021, becoming the 97th fatality of the disaster. I would like to place on record my deepest sympathies to Mr Devine’s family and friends, and indeed to all those who lost loved ones.
The Government’s response to Bishop James’s report has been a long time coming—too long. For some of that time, it was necessarily held back to avoid prejudicing the outcomes of criminal trials, but there has been delay since and I recognise that this has only compounded the pain of the Hillsborough families and survivors. The Government apologise for that.
As the House will be aware, the Government’s response follows that of the police, which was published in January this year. Today, the Chief Coroner is also publishing his response, which relates to his leadership role regarding the coronial service. Collectively, these responses address the points raised by Bishop James. But this does not stop here. We will, of course, continue to listen to the families of those involved in all major incidents and to their concerns.
Bishop James’s report contains 25 points of learning. While he said that he considered each to be ‘vitally important’, he was clear that three in particular were, to use his word, ‘crucial’, so let me turn to those. First, he proposed the creation of a charter for families bereaved through public tragedy. Bishop James made it clear that he wanted to
‘help bring about cultural change’
through commitments to change
‘related to transparency and acting in the public interest’.
It is worth reflecting that, in setting out point of learning 13 regarding the Hillsborough law, which I will come on to, Bishop James says that he has ‘drawn heavily’ on that law’s principles in the drafting of this charter, so it is worth taking a moment to consider the charter’s language. It commits signatories—the leaders of public bodies—to strive to place the public interest above the reputation of their own organisations; to approach all forms of public scrutiny, including public inquiries and inquests, with candour and in an open, honest and transparent way; and to avoid seeking to defend the indefensible.
The Deputy Prime Minister has today signed what will be known as the Hillsborough charter on behalf of the Government. Other signatories to the charter include the National Police Chiefs’ Council, on behalf of all 43 police forces, the College of Policing, the Crown Prosecution Service, the National Fire Chiefs Council and others. We want this charter to become part of the culture of what it means to be a public servant in Britain, so the Deputy Prime Minister will be writing to all departments to ensure that everyone who works in government is aware of the Hillsborough charter and what it means for the way they work. A reference to the charter will also be included in the central induction to the Civil Service for all new joiners. The Hillsborough charter and Bishop James’s report have also been added to the curriculum for every recruit who joins the police. The charter will now become embedded in our public life.
The second crucial point of learning from Bishop James’s report is what he described as the ‘pressing need’ for the
‘proper participation of bereaved families at inquests’.
Inquests are, first and foremost, about answering four questions: who, where, when and how an individual has died. As Bishop James highlighted, the Hillsborough families were let down by the very process that should have given them answers during the first inquests, and they then had to endure a second, ordered by my right honourable friend. At the first inquests, the families were forced to fund their own legal representation, with a single barrister between them.
We recognise that proper involvement in an inquest will, in appropriate cases, mean that bereaved families should get legal representation, especially when the state is represented. That is why changes have been made such that, had the Hillsborough tragedy happened today, the families would have been eligible for free legal aid through the exceptional case funding scheme. The Government are determined to make this process as straightforward as possible. That is why in January 2022 the Ministry of Justice removed the means test for representation in relation to ECF cases. In September 2023, the means test was removed for legal advice at inquests. We want to build on this progress, so I can announce today that we will consult on an expansion of legal aid for families bereaved through public disaster where an independent public advocate is engaged— I will come back to that—or in the aftermath of a terrorist incident.
I acknowledge that Bishop James talks broadly about the proper participation of bereaved families at inquests where the state is represented. We will seek to further understand the experiences of these individuals, and I would welcome a conversation with Bishop James on this early in the new year.
We also support the principle raised in Bishop James’s report that public bodies should not be able to spend ‘limitless’ public funds on legal representation. That is why we have for the first time set out a requirement on government departments to
‘consider the number of lawyers instructed bearing in mind the commitment to support an inquisitorial approach’.
We will now go on to set out that government public bodies should publish their spend on legal representation at inquests and inquiries, reaffirming that this spend should be proportionate, and never excessive.
We have also published a set of principles to guide how public bodies should instruct lawyers at inquests. These include a requirement to approach the inquest with openness and honesty and to keep in mind that the bereaved should be at the heart of the inquest process. We will also publish guidance to set the clear expectation that central government public bodies must instruct their lawyers in accordance with the principles of the Hillsborough charter, because how those lawyers engage with the inquest process, and indeed with the bereaved families, matters.
I shall turn to the third of Bishop James’s three crucial points of learning, which was was a duty of candour for police officers. As he described it, there is
‘a gap in police accountability arrangements’
for officers who
‘fail to cooperate fully with investigations into alleged criminal offences or misconduct’.
That is why a new offence of police corruption, applicable to police and NCA officers, was introduced in 2017, punishable by up to 14 years imprisonment. In 2020 we updated the Police (Conduct) Regulations to introduce a new duty to co-operate for individual officers during investigations and inquiries. Failure to do so can result in disciplinary sanctions, including dismissal. Last month, we introduced legislation to place an organisational duty of candour on policing. Through the Criminal Justice Bill, we will place a duty on the College of Policing to issue a code of practice for ethical policing, and for that code to include a duty of candour. This duty is designed to promote a culture of openness, honesty and transparency, and chief constables will be held to account for their forces’ performance against the code. The new code of practice has been laid in Parliament today.
We want to go beyond the police to consider healthcare settings too. Indeed, I can tell the House that in response to recent concerns about openness in those settings, we will also be conducting a review into the effectiveness of the existing duty of candour for health and social care providers. The terms of reference for that have been published today.
I am aware that the Hillsborough law calls for a duty of candour on all public authorities. Since the Hillsborough disaster, a comprehensive framework of duties and obligations has developed which cover public officials and the different official proceedings, such as inquests and inquiries. First, in central government, the Civil Service Code requires civil servants to act with honesty and integrity. A breach of these codes can result in a range of potential sanctions, including dismissal. These principles sit alongside the Nolan principles providing that:
‘Holders of public office should act solely in terms of the public interest’.
Secondly, the legal framework surrounding criminal investigations, statutory inquiries, inquests and most other formal proceedings requires all individuals, regardless of whether or not they are a public official, to co-operate with them. For example, there is a duty of candour in judicial review, which amounts to a duty on public authorities to lay cards ‘face up on the table’. When it comes to inquiries, importantly, these carry the potential for custodial sentences—prison sentences in plain English.
Thirdly, where a public official demonstrates a lack of candour, and where it forms part of their duty as a public office holder, they can potentially be guilty of misconduct in public office, which is a criminal offence. We will keep these changes under review to ensure we achieve that culture of openness, honesty and candour, and we will not rule out taking further action if it is needed.
Today the Government respond to all 25 points of learning, but I have focused this Statement on those which Bishop James described as ‘crucial’. Very meaningful progress has been made. However, we will not hesitate to go further if required. The discussions will continue, and indeed the Government have committed to another debate in the new year to ensure that dialogue progresses. I would also be happy to meet the Hillsborough families should they wish to discuss any aspect of the Government’s response.
Let me turn finally to the improvements in the justice system. Bishop James has made it searingly clear that the justice system, which should have supported victims and the bereaved after the tragedy, was not set up to do so. Our response sets out the steps this Government have taken to make sure that bereaved families and survivors in the immediate aftermath of a public tragedy are guided through what can be a difficult, complicated and forbidding process. Through the Victims and Prisoners Bill, we have introduced legislation to establish an independent public advocate. Once established, the independent public advocate will be a strong voice for victims, the bereaved and whole communities affected by major incidents. The IPA will make sure those affected by major incidents know their rights, can access support services, and have their voices heard at inquests and inquiries. Its design has been informed by the very difficulties that the Hillsborough families faced and our commitment to making sure that other families do not suffer the same injustices. That can include holding public bodies to account for their commitments to abide by the Hillsborough charter. I am also grateful for the contributions of some of the families of victims of the Grenfell Tower fire and the Manchester Arena bombing, telling us what would have helped them most in the aftermath of those terrible events.
After listening to concerns of the Hillsborough families, set out so powerfully when I met them earlier this year, as well as contributions from colleagues across the House—I am looking at the right honourable Member for Garston and Halewood—I decided that we must go further by establishing a permanent independent public advocate. It is vital that the advocate can be deployed as soon as possible after disaster strikes, and that they have time in advance to be as prepared as possible. A permanent advocate will be able to advise the Government on their response to major incidents, such as any subsequent inquiries or reviews, and will make sure the views of families are heard. They will also report independently to government about the experiences of victims and bereaved families, as well as publishing an annual report. All published reports will be laid before Parliament.
The Hillsborough families have been unrelenting in their pursuit of justice, and Bishop James has done essential work to support the families and faithfully discharged the commission by the then Home Secretary and former Prime Minister to capture their perspective so that it was not lost following the second inquest. Today is, therefore, an important day. It does not provide closure for the families, of course. As Bishop James himself wrote,
‘there can be no closure to love, nor should there be for someone you have loved and lost’.
Grief is indeed a journey without a destination. But today is a milestone on that journey. It is a moment, I hope, when families will feel able to pause and take quiet pride in the enormity of what they have achieved, not for themselves but for others—for the British people. I hope they will serve to cement and strengthen the Hillsborough families’ legacy—the changes they have made to benefit an entire nation—and to help ensure that never again can our people be so betrayed by the very organisations meant to protect them. I commend this Statement to the House”.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I open by thanking the noble and learned Lord for repeating the Statement. I open also by recalling that one of my oldest friend’s brothers was killed at Hillsborough and my friend took part in the inquiry. The name Hillsborough stands to this day as an indictment of institutions, individuals and a culture in which transparency and accountability were absent. The events of 15 April 1989 have continued to send shockwaves through our courts, to the continuing pain of the families concerned. To say that justice delayed is justice denied would be an understatement in this context. It has now been 34 years since the fateful day. I too pay tribute to Bishop James Jones, the many campaigners inside and outside Parliament, and particularly to a number of current and former MPs who have campaigned tirelessly to establish the truth. Of course, I want to pay tribute also to the bereaved families themselves, who have achieved so much through this process.
The purpose of the Government’s response must be centred on the experience of the families, just as Bishop Jones’s report was, to ensure that their suffering is remembered and never repeated. It is the commitment of the Labour Party that we will work to ensure that the Government’s proposals deliver justice with real meaning. We welcome the commitment to consult on expanding legal aid for families bereaved through public disaster, but there is nothing in what we have seen from the Government to date to suggest that they will go as far as is needed on requiring public authorities to act with candour and transparency.
To the public, a duty on all public bodies to be forthcoming with the truth is a basic requirement if justice is to be done in the wake of events that scar communities and change lives forever. The Hillsborough Law Now campaign, which, as the Government know, includes bereaved families who are still fighting for accountability 34 years later, has said that without an effective duty of candour in place, the risk is that reform will simply add another layer of bureaucracy to what victims have already experienced. For this very reason, more than a year ago the leader of the Opposition committed to a Hillsborough law that would, first and foremost, impose a legal duty on public institutions, public servants and officials to act in the public interest and with transparency, candour and frankness when there has been a major incident. The Labour Party sought to amend the Victims and Prisoners Bill to introduce this duty of candour during its passage through the House of Commons. This was rejected by the Government, but we will revisit this issue when the Bill passes through our House.
This issue is above party politics, but we believe that the Government’s requirement for a code of ethics or charter does not go far enough. We welcome the commitment to a standing or permanent independent public advocate, but we believe the duty of candour is a vital additional piece of protection for victims’ families. There may be further disasters—maybe I should say that there will be further disasters—perhaps on the scale of Hillsborough. If there is to be one legacy from this whole sorry tale, let it be that bereaved families from disasters of the future are never treated like the families of the Hillsborough victims.
Lord Addington (LD)
My Lords, I thank the Minister for repeating the Statement. This was one occasion when it was actually needed. Can he convey my thanks to those on the Government Front Bench for making sure that happened? I think it was appropriate on this occasion.
We have had a response that says many good things, but there is a network of codes, charters and advocates going through—other bits of law. Anybody who has ever done campaigning work knows that if you are trying to get a good result, the gaps between those codes, charters and bits of legislation are where people catch their feet, where they are slowed down, where they fall. One law, where you know what you are dealing with, has to be easier to navigate. It is not for an experienced lawyer to turn around and say, “Oh, but it’s quite simple: all you do is this, that and the next thing”.
Many of the changes here are welcome. For instance, the equality of arms—the fact that government-backed bodies cannot simply throw limitless money against somebody who is trying to hold them to account, and that they will instead be supported—is something that we can welcome. But it would be easier if we had a law. That is why my Benches, along with those of the Labour Party, are in favour of having one, single unit. You have to draft it correctly, and there is always that problem, but it would give you a chance to get through and make sure you get the right result, so that somebody campaigning from the outside understands what they are doing. That is something we might have lost here. We have an experienced bunch of people who have been fighting for a long time to get through. There is a great deal of expertise in this lobby. Think of them when they started—how intimidated they were and how easy it would have been for them to be scared off by just the edifice of law, because that happens.
I would hope that the public advocate or somebody else will have that duty of explanation. Where is that in these codes and charters? Where is that ability to explain the law to somebody and make sure they understand? The noble and learned Lord nods his head. If we hear good news on this, we will have achieved something. How do we make sure people know how to apply what the Government have done? Because many good schemes, by Governments of all colours, have fallen down because of that. As I look around this Chamber, everybody here can probably think of an example. Can we find out what is happening there?
Also, will we continue to have access to some of the things that were used as trigger points for this action, such as the Human Rights Act and the European Convention on Human Rights? If they are removed in some change, will something else act as a trigger point for being able to act, through this apparently seamless bit of crazy paving, to enable people to make a challenge when something has gone wrong? That is an important point: how does it work, who will guide you through it? If it is not one straight road, who will guide you through the twisting paths so you can mount a challenge when something has gone wrong? That is something we need to hear soon because, if that is not clear, some of the good work that has gone on here could well be wasted.
Lord Bellamy (Con)
My Lords, to respond to the points that have been made and in particular, the principal point about the need for a Hillsborough law going slightly further than the Government have gone today, I first repeat again the tributes that have been paid to the families and the fight they have had, as the noble Lord, Lord Addington, has just pointed out. I entirely accept that, first of all, this is not a party-political issue, as far as I am aware. It is not at issue that there should be a duty of candour, that public authorities should act with candour; the question is whether, in the envisaged Hillsborough law, the public accountability Bill that Bishop Jones and his report discussed, we should have that duty of candour enforced by criminal sanctions on individual public servants, or whether we should proceed, as the Government at present believe, by a non-statutory route—by the charter and by the existing codes.
I will, if I may, address what is probably the most important point to make tonight; I am sure we will return to it in the Victims and Prisoners Bill discussion when we get there. I shall briefly set out the Government’s position on that point and then come to the other points made, especially by the noble Lord, Lord Addington. The first point is that the Government currently consider that the non-statutory framework of the Civil Service Code, the Code of Conduct for Special Advisers, the Ministerial Code and the Nolan principles of public life, backed by disciplinary sanctions and, if I may say so, rigorously upheld by the Government legal service and the law officers, is an effective mechanism for ensuring candour, frankness and honesty from civil servants as a framework. The Government therefore prefer to reinforce that culture of candour through the non-statutory route and the most important introduction of the Hillsborough charter, which was the primary recommendation of Bishop Jones. It was his main recommendation that there should be a charter: the duty of candour was a subsidiary one; the charter was the first one and we are introducing it.
If you introduce what I—or the Government—would describe as the blunt instrument of criminal sanctions into a situation such as this, you risk introducing a whole range of legal complexity and another layer of the need for legal advice and so forth into a situation where, in the Government’s view, we already have a comprehensive framework that is now being very strongly reinforced by the Hillsborough charter. The charter is going to be signed by all relevant public bodies. It has been signed today on behalf of the Government; it is set out on page 11 of the Government’s response and ensures that the public bodies in question place the public interest above their own reputation. That is particularly welcomed today by Bishop James, who says that, although it is true that the Government has fallen short of the hopes of the Hillsborough families— I think that is a reference to a Hillsborough law—the Government have made a serious and substantial response to his report that has risen above that given to other panels and inquiries. They have responded to all 25 recommendations, and Bishop James has very much welcomed the charter and the other measures that the Government have announced.
Specifically, in relation to the police, the Criminal Justice Bill will require chief officers to ensure that their organisations act with candour in official proceedings. There is, therefore, a duty of candour reinforced through law on the police. That is crucial: point of learning number 14 in the bishop’s report suggested that there should be a duty of candour on the police. That is also being implemented. In addition to that, as I think the Statement said, individual officers are now under a personal duty to co-operate with investigations and inquiries as a result of changes to the police conduct regulations of 2020. That should deal with the question of the police and with Bishop James’s point of learning 14.
The Government are also considering whether we should further reinforce the existing duty of candour. There is an existing duty of candour on the health service. It is regulatorily enforced; it is not enforced by criminal sanctions. There is a question, however, arising from the Lucy Letby case and other incidents as to whether that should be reinforced, and that is under review as well. So we are moving forward on many fronts. The Government will also—I hope early next year—respond to the Law Commission report on the offence of misconduct in public office, which is another possible route to achieve the protections that people are arguing about. This is a disagreement about what routes we should go down, rather than a disagreement on whether we should reinforce candour in public office.
Putting those things all together, the Government’s position is that we have not yet reached the point where we should have the kind of Hillsborough law that noble Lords have just been arguing for. Again, however, as the Lord Chancellor has said in his Statement, the Government’s door remains open. No door is slammed on this point, and we will continue to reflect and take into account the comments of the families and the practical, procedural, legal and other issues that are raised.
Finally, in relation to the point made by the noble Lord, Lord Addington, on the need for families to find out how to do all this and where to go next: we can only imagine the situation that they are in. The Government’s intention and hope is that the independent public advocate will play a crucial role in that respect. That will be the main source of guidance, support and help for victims’ families in major disasters of the kind that gave rise to Hillsborough and other tragedies. That is the answer in principle to the point that the noble Lord was making. At this stage of the debate, those are the main points that I should be making on behalf of the Government.
Lord Grantchester (Lab)
I too thank the noble and learned Lord the Minister for repeating the Statement today. I join other noble Lords tonight in paying tribute to the Reverend James Jones, previously of this House, for his work on and dedication to his report. I also pay tribute to the MP for Liverpool, West Derby, mayor Steve Rotheram and mayor Andy Burnham, along with so many others, for their tireless support over many years for Liverpool families in the pursuit of justice. I also pay tribute to the Liverpool fans and their families, led by Margaret Aspinall, for their admirable behaviour throughout the many disgraceful activities of so many vested interests, especially following the despicable statements from Kelvin MacKenzie—then editor of the Sun national newspaper, with, at that time, 4 million readers—publishing downright lies about Liverpool supporters. To this day, you will not find the Sun newspaper being sold on Merseyside.
I also declare my interest, being a long-term supporter, shareholder and past director of Everton Football Club. I was at Villa Park on that fateful 15 April 1989 for the other FA Cup semi-final, Everton v Norwich City, when I and others became slowly aware of the tragedy unfolding at Hillsborough through word dispersing from fans listening to that semi-final on transistors while watching the game before them. Heads began to turn to try to see screens in boxes behind portraying the dreadful situation. At the Wembley cup final, both sets of fans chanted “Merseyside” together, rather than support for their own team.
From both sides of Stanley Park I add my remarks to those of others—that the 97 have been poorly served by the justice system. That it has taken 34 years to correct and take cognisance of all the inequities of the procedure and the way the court system has played out is extremely disappointing. The continually misleading police statements has been rotten. The unequal resources and representation of official bodies funded by the taxpayer in comparison to the resources of ordinary Liverpool families has long been recognised as iniquitous. That the Government are now looking at the extension of legal aid is to be welcomed.
I also welcome the other proposals the Government have announced today. However, it is regrettable that the Government have not gone far enough in recognising that public authorities must act under a duty of candour at all times. I have listened to and noted what the noble and learned Lord said on this tonight. Widespread discussion and understanding is indeed needed, but many consider that this should be a matter of law.
The Government’s requirement for a code of ethics is still not strong enough. However, on another matter, it is important that the Government carry completely into law the office of the independent public advocate. These issues should be above party politics and football loyalties. The Government must commit to continually reflecting on what has been proposed after all these years. The Government, of whatever persuasion, must fulfil the vital promise that what happened to families by attending a football match will never happen again.
Lord Bellamy (Con)
My Lords, I entirely echo the tributes paid by the noble Lord and commend him, if I may, on a dignified and memorable speech marking the important occasion tonight.
As I said a moment ago, I have tried on behalf of the Government to explain our present position. I repeat that no door is being slammed tonight. We should continue to reflect and discuss—perhaps offline, if I may use that expression—what is the best way forward. At the moment this is the Government’s view but, if others can come forward and explain that there are ways in which we can and should go further, that is a discussion that we are duty-bound to have collectively, to see that we can get this as right as possible. When we get to the Victims and Prisoners Bill, we will discuss further the scope of the independent public advocate and other related issues. I thank the noble Lord very deeply for his contribution today.
Lord Coaker (Lab)
My Lords, my noble friend Lord Grantchester’s comments were memorable and moving. I associate myself with his tributes and praise to various elected representatives, the families of the victims and the supporters from all of Merseyside, both Liverpool and Everton and no doubt many others throughout the region. I thought his comments were very moving. I was not at the game but, as a former Nottingham MP and somebody who still lives in Nottinghamshire, the solidarity with Liverpool of Nottingham, Nottinghamshire and Nottingham Forest Football Club in light of the tragic events 34 years ago has always been a source of pride to me; my noble friend Lord Grantchester and others will know that.
We cannot have a situation in which it takes 34 years for people to get to this point. If it had not been for the bravery of the families and the way in which so many people doggedly fought for justice alongside them against the state, they would not have had any semblance of justice at all. We have already heard from my noble friend Lord Grantchester that there is hope that the Government will be made to go further. Hillsborough is the focus today but the Minister also mentioned Grenfell, Manchester Arena and many other public disasters. Why is it that ordinary people have to organise themselves to take on the power of the state to get justice? Hopefully, if there is one outcome from today, it is that we do not have a situation in which the might of the state seems to try to prevent ordinary people, who have suffered a huge disaster in their lives, getting justice. As we have heard so movingly from my noble friend and others, that just cannot be right and something has to change.
Lord Bellamy (Con)
I entirely agree with the noble Lord, Lord Coaker. Something—a combination of many things—went very badly wrong. As often with tragedies on this scale, it is a series of things going wrong that makes the ultimate result so difficult and tragic.
If I may express a personal view at the Dispatch Box, those families reflect and embody the true spirit of this nation and their communities. For that reason, we should be proud of them, salute them and commend them on their efforts. I know that does not bring their loved ones back, but we should do what we can to recognise their achievement.
In this instance, certain servants of the state, in certain situations, did not behave in the way that we would expect citizens of this country to behave. That has to be remedied and tackled, and we have to do our best to make sure that it does not happen again, as the noble Lord, Lord Coaker, has said. I associate myself with his remarks about the noble Lord, Lord Grantchester, and the magnificent speech he made on behalf of Liverpool and the families.
Baroness Bennett of Manor Castle (GP)
My Lords, I echo the comments of the noble Lord, Lord Coaker, on the contribution of the noble Lord, Lord Grantchester. It was a hugely powerful moment. I should perhaps declare that although my involvement is much less than that of others this evening, I have taken part in a number of events in Sheffield with the Hillsborough survivors’ association, usually in conjunction with the Orgreave Truth and Justice Campaign. I echo the remarks of others thanking Bishop James for the exceptional work that has gone into this report.
I appreciate the Minister’s careful and deep—unusually deep from the Dispatch Box—explanation of why the Government have not chosen to head down the statutory route in terms of the duty of candour. However, it is important to put on record that the Hillsborough survivors’ association has already said that it thinks we need that law. That law should not be focused on junior officials who may be trapped in circumstances beyond their capacity. When we are talking, as we are in this case and others, about very senior people who may have a lot to lose by not being open—not showing candour—I am not sure that we do not need a legal framework to deal with them.
I very much welcome the acknowledgement in the Statement that justice unfunded is justice denied. There is in far too many of these cases a deep inequality of arms between families and official bodies that establish an array of KCs—very powerful and extremely well-paid lawyers—against what can be a crowdfunded legal team or one with very limited funding. On that point, I refer to paragraph 38 of the Statement from the other place, which acknowledges that:
“Bishop James talks broadly about the proper participation of bereaved families at inquests where the state is represented. We will seek to further understand the experience of these individuals”.
I raise the case of seven year-old Zane Gbangbola, who was tragically killed by lethal gases in 2014 in Chertsey, Surrey. If the Minister looks into that inquest he will see that there was a massive inequality of arms between the situation of the family, which basically crowdfunded and got a tiny bit of legal aid at the last second, versus nine public bodies that all had their own representation. The case of Zane and the continuing fight of his father, Kye, and his mother, Nicole, to get an independent inquiry into that case is ongoing. The call has been backed by Sir Keir Starmer and Andy Burnham. Acknowledging that the Statement mentions seeking to
“further understand the experience of these individuals”,
can the Minister commit that the department will listen to the experiences of Kye and Nicole when it is considering the experiences of families?
Lord Bellamy (Con)
My Lords, the noble Baroness rightly makes a point about the distinction between junior officials and senior officials. The present public accountability Bill does not make that distinction. It is drawn in very wide terms. Without offering any commitment, I think that the point that she makes will be registered in the ongoing discussion of this issue. The equality of arms is a deep problem, probably in most justice systems. As noble Lords will have seen from the Statement, a number of measures are proposed which the Government will undertake to try to redress that balance. On the specific question about the case of Zane and similar cases, the Ministry of Justice is always ready to have its attention drawn to particular circumstances. If she is kind enough to do so, I will ensure that this is looked into.