Monday 3rd November 2025
(1 day, 14 hours ago)
Commons ChamberPublic Office (Accountability) Bill 2024-26 View all Public Office (Accountability) Bill 2024-26 Debates Read Hansard Text Watch Debate
The Prime Minister (Keir Starmer)
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.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
Does my right hon. and learned Friend agree that a couple of things are missing from this otherwise excellent Bill? The first is an acknowledgment of the role that the media played in covering up many of the wrongs that happened, and the second is a national oversight mechanism which would ensure that when recommendations are made, they are carried out.
The Prime Minister
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.
Jim Allister (North Antrim) (TUV)
The Prime Minister has listed a litany of scandals where there have been cover-ups. Will he reflect on including the Chinook disaster, in respect of which there have been repeated attempts to cover up the truth—the state of the aircraft that was sent out that night, in which we lost so many valued members of our intelligence service? Is that not a wrong that now needs to be righted?
The Prime Minister
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
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.
Jim Shannon
I commend the Prime Minister and the Government for bringing this Bill forward. I think it heartens us all to see its contents. Does the Prime Minister not agree that, with the rise of social media, there is more public scrutiny than ever before and less trust in our institutions? As he has outlined, the Bill is an opportunity to begin that journey of restoring public trust, but we must be mindful that nothing less than accountability can be acceptable. The public understand that mistakes can be made, but they cannot and should not forget when cover-ups take place.
The Prime Minister
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.
Anneliese Midgley (Knowsley) (Lab)
Charlotte Hennessy, whose father Jimmy Hennessy was unlawfully killed at Hillsborough, has had conversations with the Prime Minister in which he has assured her that the law does not need to be watered down and will be delivered in its entirety. She is in the Chamber today. Will he make that promise in this House today?
The Prime Minister
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
I will take one more intervention and then I will press on.
Ayoub Khan
I thank the Prime Minister for giving way. Does he agree that one of the most powerful lessons from Hillsborough, and indeed from the Grenfell Tower and Post Office scandals, is that truth delayed is justice denied? And does he agree that, while this Bill rightly places a duty of candour upon public authorities, it must also compel Ministers themselves to uphold that same duty when addressing this House, so that accountability begins at the very top? That includes the misleading information that was given from that Dispatch Box by his Minister last week in relation to the hooligan Maccabi Tel Aviv fans.
The Prime Minister
I really think that, with the Hillsborough families here in the House with us—
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. I was trying to pay close attention, but I may have missed it; we do not accuse each other of giving misleading information at the Dispatch Box. One should be mindful of the language that one is uses.
The Prime Minister
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.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
As a sponsor of the private Member’s Bill tabled by the hon. Member for Liverpool West Derby (Ian Byrne), I fully welcome this Bill’s introduction, and I welcome that the protections include criminal offences of misconduct in public life. Can the Prime Minister assure me and others that those new offences will be able to be applied retrospectively?
The Prime Minister
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.
Sir Jeremy Wright (Kenilworth and Southam) (Con)
I recognise the strength of the case that the Prime Minister is making. He will understand the interest that the Intelligence and Security Committee has in clause 6 of the Bill, which provides for certain exemptions for those who work for the intelligence agencies. It then says that those people should report internally within their organisation any information that may be of use to an inquiry or investigation. Will he give some thought to how the Government might develop a concept of what then happens to that information, about which the Bill is broadly silent? He will understand that many will be concerned to ensure that when information is reported internally within the intelligence agencies, it none the less finds its way to those who should have it, in order to give reassurance about what the Government are seeking to achieve more broadly in this Bill.
The Prime Minister
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.
Andy McDonald (Middlesbrough and Thornaby East) (Lab)
I congratulate the Prime Minister and thank him for bringing forward this Bill, which represents an epic struggle by the Hillsborough families, who are to be much admired and praised, but this will extend beyond Hillsborough, as the Prime Minister has said. I thank him on behalf of the families of Christie Harnett, Nadia Sharif and Emily Moore, who suffered great loss under the auspices of the Tees, Esk and Wear Valleys NHS foundation trust, which lacked a duty of candour when those terrible tragedies struck. I hope that he can give consideration to a full, judge-led public inquiry, because the families are in search of truth, justice and accountability.
The Prime Minister
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
I will take the hon. Lady’s intervention, then I will come to my right hon. Friend.
Tessa Munt
I welcome this Bill. Will the Prime Minister reassure me and my constituents that organisations that are contractors for public authorities and public bodies will also be covered the provisions of the Bill? It is important that where responsibilities are deferred to other bodies, they too are captured by the clauses in this Bill.
The Prime Minister
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.
Maria Eagle
The Prime Minister knows that, for over two decades, the legal system failed to provide truth and justice to the Hillsborough families, and it was only a non-legal process—the Hillsborough independent panel—that finally set things right on the road to truth, justice and accountability. Does he see any prospect, therefore, that we will include in the legislation at a later stage provision to ensure that a Hillsborough independent panel-type process can be offered to families involved in future disasters, to try to circumvent the long-standing failure of the criminal justice system to offer truth and accountability to families quickly?
The Prime Minister
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.
Yasmin Qureshi (Bolton South and Walkden) (Lab)
The Prime Minister is being very generous in taking all our questions. I congratulate him on introducing this Bill, but can the duty of candour be applied fully to all investigations, including independent panels, and not just statutory inquiries? Does he agree that the command responsibility must rest personally with those in charge, not simply with the institution?
The Prime Minister
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.
Rosie Wrighting (Kettering) (Lab)
The Bill is a huge step forward for accountability and transparency for families who face what must feel like the most impossible of circumstances. Some families living in my constituency and the neighbouring constituency of Corby are still trying to get clarity about the possibility that dumped toxic waste and contaminated land have caused health complications. Could the Prime Minister spell out how the Bill will ensure that any public official who abuses their power and tries to cover it up will be held accountable?
The Prime Minister
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
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.
Imran Hussain (Bradford East) (Lab)
I join others across this House in welcoming this important Bill, and I welcome and align myself with all the points the Prime Minister has made. Will he join me in paying tribute to my hon. Friend the Member for Liverpool West Derby (Ian Byrne) for his tireless campaigning to push for this law to reach the statute book? The Prime Minister is absolutely right that grieving families have faced the might of the state alone, and were forced to crowdfund lawyers while public bodies hired whole legal armies. Does he agree that, by guaranteeing legal aid at inquests, we can finally end those David and Goliath battles for justice once and for all?
The Prime Minister
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
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.
Carla Lockhart
I thank the Prime Minister. He is speaking very powerfully about families and about human stories. I commend him for the number of human stories he has talked about today in this place. Will he agree to meet the families of the Chinook disaster, when 29 lives were lost and two pilots wrongly blamed? The families have been consistently refused even a meeting with Ministers, officials and Prime Ministers who have gone before. Will he do the right thing and meet them, and ensure that the Bill also covers them?
The Prime Minister
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)
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.
Richard Foord (Honiton and Sidmouth) (LD)
Clause 6 relates to the intelligence agencies, and there is an exemption for those who handle material that falls within the definition of security and intelligence. Our constituents will want to be certain that these organisations have oversight, so would the hon. Gentleman agree that this could be an additional power for the Intelligence and Security Committee?
Justin Madders
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.
Jim Allister (North Antrim) (TUV)
In welcoming this Bill, I am very mindful of the tenacity and courage of the campaigners who got us to this point, both outside and inside this House. They can take some comfort from this Bill today. I trust that it is a Bill that will live up to its promise. As I mentioned in my intervention on the Prime Minister, I trust that it will bring justice to the Chinook families, for example, who have been treated to serial cover-ups in respect of that appalling incident.
However, there are issues with the Bill that I want to probe. It declares in its very first clause that:
“The purpose of this Act is to ensure that public authorities and public officials at all times perform their functions…(a) with candour, transparency and frankness, and (b) in the public interest”.
But will it be at all times? We discover in the Bill that the only criminal sanction applies to those who do not show candour, transparency and frankness to a public inquiry or a public investigation. In many such cases, there would already be the threat of perjury, so where is the commitment to ensure that there is candour at all times?
Jim Allister
If the Minister wants to make an intervention, I am quite happy to take it.
Alex Davies-Jones
I welcome the hon. and learned Gentleman’s comments, but the Bill literally says that there is a duty of candour “at all times”.
Jim Allister
It does, and then it goes on to tell us in clause 1(2) how it imposes that duty. There are five ways in which it does so. The first is by
“imposing a duty on public authorities and public officials to act with candour, transparency and frankness in their dealings with inquiries and investigations and imposing criminal liability for breach of that duty”.
That is the only criminal liability that would arise from a breach of the duty of candour. The second way is by imposing an ethical code on public authorities. No criminal offence is committed if someone breaches that ethical code—none whatsoever. The third, fourth and fifth ways, in paragraphs (c), (d) and (e), are by
“imposing criminal liability on public authorities and public officials who mislead the public in ways that are seriously improper”,
by
“imposing criminal liability for seriously improper acts by individuals holding public office and for breaches of duties to prevent death or serious injury”,
and by
“making provision about parity at inquiries”
about legal aid.
The Prime Minister told us that the Bill would apply across the whole United Kingdom, but sadly it does not. Clause 24, the extent clause, makes it plain that the last three paragraphs of clause 1, which I have just read out, do not apply to Northern Ireland or to Scotland. The Bill in its entirety applies only to England and Wales, meaning that clause 11, for example—which is an important clause, because it does create a criminal offence, that of misleading the public—does not apply anywhere other than in England and Wales. Why should that be? Why is this Bill not drafted in such a way that those clauses apply to the whole United Kingdom, after which the Assemblies of Scotland and Northern Ireland can deploy the mechanism of legislative consent?
Jim Allister
I disagree. Many, many times in the Stormont Assembly, Bills that were passing through this House, which included measures such as new criminal offences, were subject to a legislative consent motion. That then gave consent to proceed, and that mechanism could equally be used here. My question to the House is this: if this Bill is delivering the duty of candour by the five steps set out in clause 1(2), how can it do that for the whole United Kingdom if three of those steps do not apply throughout the United Kingdom?
Alex Davies-Jones
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.
Jim Allister
I therefore hope that the Minister, when she comes to reply, will indicate that, subject to legislative consent, she will indeed make this Bill apply across the whole United Kingdom, because my constituents are as entitled as anyone else to the same duty of candour that arises elsewhere.
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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.
David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)
I commend the Minister for paying tribute to William Powell, who has campaigned for justice for 35 years for his son, Robbie Powell, who died as a result of medical negligence. William Powell has done so much to secure this legal duty of candour, so it is right that he is acknowledged here in this debate, but he is still waiting for a public inquiry into his son’s death. Can the Minister say whether she believes that this case, which has been described as the worst cover-up in NHS history, meets the conditions for a public inquiry—something that has been called for by the former Parliamentary and Health Service Ombudsman?
Alex Davies-Jones
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
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.
Douglas McAllister (West Dunbartonshire) (Lab)
The Bill provides for parity of representation, and will expand non-means-tested legal aid so that bereaved family members can secure advocacy at inquests where a public authority is an interested person, but it does so, as I understand it, only in England and Wales. Of course, justice is a devolved issue, but can the Minister confirm that, despite months of engagement with the Scottish Government on this UK-wide legislation, the SNP Government have failed to confirm that non-means-tested legal aid will be available in Scotland, resulting in Scots families still relying on charity to gain access to justice—
Madam Deputy Speaker (Caroline Nokes)
Order. Interventions need to be short.
Alex Davies-Jones
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.
Gregory Stafford (Farnham and Bordon) (Con)
As a six-year-old, I remember the death of Joe McCarthy, who lived on my road in west London, so it is not just about those who lived in Sheffield or elsewhere. It affected everyone across the country, and this Bill is so important for that reason.
Alex Davies-Jones
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.
Andy Slaughter
I also mentioned the national oversight mechanism. Whether the Minister thinks it requires legislation or can be done by Government action, does she support having something that is shared, publicised and known about so that we are not constantly repeating things and we know where inquiries have got to? Will she do that in tandem with the Bill, if it is not part of the Bill?
Alex Davies-Jones
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.