The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)
My Lords, it would be customary to begin by thanking the noble Lord, Lord Alton, for securing this debate, but I am sure he will agree with me when I say that I should open my reply on behalf of His Majesty’s Government by paying tribute to the victims of the Hillsborough disaster and their families. In doing this, I want to make it clear that I entirely agree with my noble friend Lord Wills that the victims and the bereaved must always be front and centre of the Government’s mind as this Bill makes its long overdue way through Parliament.
I hope that all noble Lords will understand what I mean when I say that the Bill is not just about justice for the Hillsborough victims and their families and those of the other disasters—which, for reasons of time, I will not name individually, but many of which have been listed by the noble Lord, Lord Evans of Weardale, and my noble friend Lord Davies of Brixton. The Bill is more than just that; it determines what kind of society we are and want to be. Do we protect vested interests, or do we believe in the importance of the rights of and protections for our fellow citizens as individuals?
At this point, I thank the noble Lord, Lord Alton, not just for securing this debate but for his tireless work to see justice done for the Hillsborough families. In his powerful and moving opening remarks, the noble Lord referred to wanting to be convinced that the Hillsborough law will tip the balance away from the behemoth against whom the small battalions are pitted. I suggest nothing speaks more powerfully to this Government’s commitment to this than the fact that not only did my right honourable friend the Prime Minister make a personal promise that he would bring forward a Hillsborough law but he delivered the opening speech himself at the Second Reading debate in the other place.
The noble Lord, Lord Alton, has said some kind words about me and my life in the law, for which I thank him. I can honestly say that my proudest moments as a lawyer, and latterly as a judge, have been when I have been able to make a decision which puts the individual citizen’s rights first. It is my profound wish to continue to do so.
I shall do my best to respond to all points made by noble Lords, but if time does not permit today, I will write to those I was unable to answer here.
Perhaps I may also say a few words of thanks to my noble friend Lord Wills for the important role he has played in bringing us to where we are today. He and I tried to meet before today’s debate, but time pressures did not allow it. I have already made arrangements to meet him as soon as possible after this debate. I would be delighted to meet other noble Lords, if they wish to do so, before Second Reading in your Lordships’ House. We need to get this right.
I now turn to matters raised by noble Lords: first, and perhaps most obviously, the duty of candour, raised by the noble Earl, Lord Effingham, the noble Lord, Lord Alton, and my noble friend Lord Wills, among others. I agreed with my noble friend Lord Davies of Brixton when he said that it is not just about the duty of candour. All the elements of the Bill are intended to work together as a catalyst for change. Reflecting on the experiences of local government, we intend to bring forward an amendment in the other place to extend this duty to local authority investigations in England, capturing the local grooming gang inquiries and the Kerslake review into the Manchester Arena attack.
I reassure noble Lords that although this duty focuses primarily on the public sector, some private bodies will be captured. Private bodies which deliver public functions, have a relevant health and safety responsibility or are relevant public sector contractors will be subject to the duty. My noble friend Lord Davies of Brixton raised an important point about the scope of it. Financial consequences really matter too, and it will cover, for example, the Horizon inquiry or events similar to that.
My noble friend Lord Wills brought up the discrepancy between the maximum sentence available for breach of the duty of candour and for substantive offences such as gross negligence manslaughter, and whether that might have the unintended consequence of creating a perverse incentive to cover up rather than to be frank. It is an interesting point, on which I will reflect and about which I would welcome a discussion with my noble friend.
Whistleblowing was raised by many noble Lords, including my noble friend Lord Wills and the noble Lord, Lord Rennard. The new mandatory ethical codes of conduct must set out a process through which employees can raise concerns internally and to ensure that whistleblowing procedures are clear and accessible. Noble Lords will almost certainly think that that does not go far enough. This matter can be discussed during the passage of the Bill. At present, the Government believe that any significant reform to whistleblowing needs to be considered as part of a broader assessment of the framework, but we are happy to discuss this matter.
Legal aid, support at inquests and parity were raised by many noble Lords. Under the Bill, people bereaved as a result of a public tragedy will never again have to face the inquest process unsupported or the grotesque spectacle of having to raise money from friends and family to ensure that their voices are heard. It will be funded by the individual public authorities; in effect, the legal aid will be clawed back from the public authorities when they are an interested person.
My noble friend Lord Wills asked: why for only one member of a family? This is considered to be a reasonable and proportionate use of public funds. However, where there are exceptional circumstances, individuals can apply to the exceptional case funding scheme and be considered on a case-by-case basis. We intend for this to help foster proportionate participation and spending behaviours among interested public authorities, including in the use of their own legal representation at inquests.
We understand the concern about this allowing inquests to turn into a battle of the lawyers, not only enriching them—that offends many people—but extending the time taken. So we are requiring public authorities to use legal representation only where it is necessary and proportionate to do so, and we will crack down on any poor conduct by public authorities and their legal teams at inquests. We want to ensure that they are focused solely on supporting the fact-finding nature of investigations.
The Independent Public Advocate was at the forefront of my noble friend Lord Wills’s speech, but was also mentioned by the noble Baroness, Lady Sanderson of Welton. As your Lordships’ House is aware, Cindy Butts has now started as the first Independent Public Advocate. She is an excellent appointment and has recently been deployed to support the victims of the horrific attack at Heaton Park synagogue. The Victims Minister met Ms Butts last week to discuss her early experiences in post, and we will continue to engage with her on the nature and delivery of her role, and to better understand the experiences of victims. We are keeping an eye on this. The Government will update the House if we feel that there is further to go in these respects, and reports written by the Independent Public Advocate about her functions will be laid before Parliament as per the Victims and Prisoners Act.
The national oversight mechanism was raised by the noble Lords, Lord Alton and Lord Rennard, and the noble Baroness, Lady Sanderson of Welton. We agree that, too often after inquiries have concluded, lessons are not learned—whatever anybody says—and mistakes are repeated. This Government have already taken steps to improve the transparency of government responses to inquiry recommendations through a new online database, and we are considering how we can improve scrutiny and accountability to ensure that inquiries lead to lasting change. This work will continue alongside the Bill.
Inquiries reform was raised by the noble Lord, Lord Rennard. Public inquiries can effectively investigate serious concerns, address past injustices, give voices to victims and help to implement change, but they often last a very long time, meaning that victims, their families and the public are waiting too long for answers. Therefore, the Government have been exploring ways for public inquiries to deliver findings more quickly and in a way that facilitates public trust. It is a substantial piece of work, led by the Cabinet Office, that will aim to improve how we identify wrongs and get to the truth. This important policy work is in its early stages, but we will continue to keep Parliament updated.
I turn briefly to the application of the duty of candour to the security services, raised by the noble Earl and the noble Lord, Lord Evans of Weardale, who has great experience in this area. We are grateful to him for saying that he thinks it is a workable model. We believe that we have got the balance right, but we will be interested in what is said during the passage of the Bill by others.
It may be the Government who are bringing forward the Hillsborough law, but the credit is not ours. That belongs to the campaigners who have devoted their lives to the pursuit of justice. We have worked closely with those campaigners to develop legislation, and we will continue to do so throughout the Bill’s passage. I look forward to meeting all victims, survivors and their families. I repeat: we are in listening mode and we are determined to get this right.