Hillsborough: Collapse of Trials

Debate between Justin Madders and Robert Buckland

Thursday 10th June 2021 Commons Chamber

[Robert Buckland]

I am very grateful to the hon. Lady, who makes an important point about the archive. There is a general point to be made here which goes back to the initial question. The ongoing criminal procedure meant that a lot of material, for example, material on existing websites, had to be taken down. Obviously, I want that to change—I want it all to go back. Indeed, more work needs to be done to ensure that documents and material are in the public domain. So my answer is: yes, I absolutely will undertake to work with her, because I think it is important that everybody has access to the truth, so that the full story is known by generations yet to come.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It represents a complete failure of the state, does it not, that 96 people were unlawfully killed and then there was a cover-up, for which no one has been held to account because of what amounts to a technicality 32 years later on? So does the Lord Chancellor agree that, to the families of the bereaved, the idea about statements submitted by the police to an inquiry headed by a Lord Justice that was not in the “course of public justice” is a cruel absurdity, on top of all the other injustices that they have suffered? Does he consider that anything could have been done to close this loophole long before we got to this point?

[Robert Buckland]

I listened carefully to the careful question from the hon. Gentleman. He appreciates that with regard to criminal procedure the law applicable at the time is the law that is then used with regard to the evidence and whether individuals might be guilty or not guilty of allegations. I have made it very clear that the Inquiries Act 2005, which of course was passed many years after the Taylor inquiry, covers the major public inquiries that we are all very familiar with, the ongoing ones that we have and indeed the future covid inquiry. I have also made it clear that that common law offence of perverting the course of justice would cover those types of inquiries, but clearly as part of the work we are doing, we will look carefully to make sure that there are not any inadvertent loopholes, while remembering the important point that there will be certain procedures that must be conducted in a spirit of openness and honesty which will benefit from being less adversarial and more fact-finding, and that of course includes the essence of the inquest process itself. We must be very mindful of getting that balance right when we look at these things.