Public Office (Accountability) Bill (Fifth sitting)

Debate between Alex Davies-Jones and Douglas McAllister

Thursday 4th December 2025 Public Bill Committees

[Alex Davies-Jones]

Clause 18 and schedule 6 represent a milestone moment in addressing the disparity in power often faced by bereaved families and other affected persons in the inquest and inquiry system. They provide for non-means-tested legal aid for bereaved families at all inquests where a public authority is an interested person, the widest expansion of legal aid in a generation.

[Douglas McAllister (West Dunbartonshire) (Lab)]

Clause 18(e) provides for non-means-tested legal aid to bereaved family members at inquests. The Bill is intended to introduce UK-wide legislation. I understand that the Minister has engaged in positive talks with the Scottish Government over a number of months because of the devolved nature of Scottish legal aid at fatal accident inquiries. Are we any further forward with those talks? Will the Scottish people enjoy the same access to legal aid as the rest of the UK?

[Alex Davies-Jones]

I can confirm to my hon. Friend that we have a strong and positive working relationship with the Scottish Government and all the devolved Governments about the Bill. The Scottish Government have written to ask us to extend the provision to Scotland. We are working with our colleagues in Holyrood and across the UK to see how we can best apply that. I will happily update my hon. Friend on those discussions, which are positive and ongoing.

The provisions in the Bill on legal aid go further, setting out a common framework of obligations and accountability for public authorities and their legal teams when they participate at public inquiries and coroner investigations. I will now get into the detail. Parts 1, 2 and 3 of schedule 6 impose a common framework of obligations on public authorities and their legal teams in respect of their participation across statutory public inquiries, non-statutory public inquiries and coroner investigations. The schedule inserts proposed new section 34A into the Inquiries Act 2005 and amends section 42 of the Coroners and Justice Act 2009 to provide that guidance may be issued by the Lord Chancellor to set out the principles that should guide the conduct of public authorities in respect of public inquiries and coroner investigations.

Schedule 6 inserts proposed new section 34B into the 2005 Act and proposed new section 42A into the 2009 Act to place a public authority that is a core participant at an inquiry, or an interested person at an inquest, under a duty to engage legal representatives to act for the authority only if, and in so far as—this is important—it is necessary and proportionate, and to take steps to ensure that those representatives conduct themselves in accordance with the guidance from the Lord Chancellor. In our evidence, we heard how bereaved families feel at an inquest when they turn up with their legal aid-appointed person—or are sometimes not even given a legal aid-appointed person—and the public authority has an army of barristers. This measure seeks to curtail that and to ensure equal representation and parity of arms.

The schedule amends section 41 of the 2005 Act and section 43 of the 2009 Act to make provision for an “overriding objective” to be created in an inquiry or inquest. In particular, that may include objectives for, or in connection with, ensuring that relevant affected persons are able to participate fully and effectively, maintaining the inquisitorial nature of proceedings, and that they are given sufficient information about proceedings.

The schedule also inserts proposed new section 34C into the 2005 Act and amends schedule 5 to the 2009 Act to create a power for an inquiry chair or coroner to raise concerns and report the matter to the person who has overall responsibility for the management of the public authority—or such other person who has power to take action—as to the conduct of a public authority or its legal representatives. A person to whom the report is made must give the inquiry chair or coroner a written response.

Part 3 of schedule 6 makes further modifications to schedule 5 to the 2009 Act to provide that where a report is made by a coroner, a copy must be sent to the chief coroner. Part 3 also amends section 36 of the 2009 Act to add those reports and their responses to the matters that must be summarised in the chief coroner’s annual report to the Lord Chancellor. It further amends section 43 of the 2009 Act to provide that regulations made under that section may make provision in respect of reports made by coroners in relation to concerns over the conduct of public authorities. Part 2 of schedule 6 makes it clear that changes made to the Inquires Act 2005 by part 1 of the schedule should apply to relevant non-statutory inquiries, albeit with certain modifications as set out in paragraph 2(3).

Part 4 of schedule 6 makes expanded provision for legal aid at inquests. It details a number of amendments to the legislation and regulations underpinning the legal aid system. Those, when taken together, keep applications to open or reopen an inquest in scope of legal aid; set out that, where a public authority is an interested person in the inquest, non-means-tested legal aid for the inquest can be accessed by families; and provide for conditions in relation to advocacy funding.

Part 4 begins with four amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, known as LASPO. The first two amendments are technical and update references to “the Coroners Act 1988” to say “the Coroners and Justice Act 2009”, which has largely repealed and replaced the 1988 Act. The third amendment brings applications under section 13 of the 1988 Act into scope of civil legal services. Section 13 allows bereaved family members to submit a request to open or reopen inquest proceedings to the High Court. The Government recognise the importance of bringing such applications into scope of legal aid, and this amendment to LASPO delivers that. Unlike inquests, section 13 applications are adversarial court proceedings in the High Court. As per determinations for section 13 applications under current ECF—exceptional case funding—legal representation will be provided, rather than legal help and advocacy funding, and applications will be means-tested.

The fourth amendment to LASPO insert a new paragraph into part 3 of schedule 1 to the Act to set out the conditions under which an individual can access funded advocacy services at inquest proceedings. The conditions are that, first, a public authority must be an interested person at the inquest and, secondly, advocacy must not have already been made available to another family member of the deceased in relation to the same inquest or a linked inquest. Whether an inquest is linked—that is, whether it is investigating deaths stemming from the same incident—is a matter for the coroner hearing the case.

Part 4 of schedule 6 then turns to amendments to the supporting regulations. The first set of amendments are to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013. There are three amendments to regulation 5, in particular sub-paragraph (m) and proposed new sub-paragraph (ma). Those sub-paragraphs allow for the financial means test to be disapplied when an individual applies for legal help or advocacy at an inquest where a public authority is an interested person. The third amendment at sub-paragraph (n) is a purely technical amendment that facilitates the changes. By disapplying the means test for legal aid at inquests where a public authority is an interested person, the changes will truly make a difference for the bereaved. This will be a key turning point in rebalancing the system.

Part 4 of schedule 6 also amends the Civil Legal Aid (Merits Criteria) Regulations 2013. The amendments ensure that not only legal help, advice and assistance but advocacy is available as an appropriate form of civil legal services at an inquest where a public authority is an interested person. They also ensure that legal representation is an appropriate form of civil legal service in an appeal to the High Court to open or reopen an inquest under section 13 of the Coroners Act 1988. The amendments will ensure that the bereaved have access to the appropriate form of legal aid for the proceedings that they are experiencing, ensuring that they are appropriately supported at each stage.

Finally, amendments 14 to 17 are minor technical amendments. They amend a reference in schedule 6 to a new paragraph inserted by the Bill into schedule 5 to the Coroners and Justice Act 2009, and relocate the position of a new paragraph inserted by the Bill into the same schedule to the 2009 Act. I commend the amendments, and the clause and schedule, to the Committee.

Public Office (Accountability) Bill (Second sitting)

Debate between Alex Davies-Jones and Douglas McAllister

Committee stage
Thursday 27th November 2025 Public Bill Committees

[Alex Davies-Jones]

Thank you. That is very helpful.

[Douglas McAllister (West Dunbartonshire) (Lab)]

Q First, the Bill provides for non-means-tested legal aid, but how should that work in practice, Mr Minnoch? Should the grant be uncapped, in respect of time and line, with no limit? Or do you envisage that there should be blocks of work with specified limits?

Secondly, if a public authority has a team of, for instance, one senior and two juniors, why should a bereaved family be represented by perhaps only one junior counsel? That really would not be parity of arms. The Bill talks about members of bereaved families, but how many members of that family are we talking about? Is it one specific next of kin? We heard evidence earlier from a witness who talked about a divorcing couple. Would they both be granted legal aid?

Chris Minnoch: On your first question, there is an issue around non-means-tested legal aid becoming available and so the case coming into scope at that stage, at the point at which the public authority is appointed as an interested party. Some of our members have expressed concerns that the appointment—the actual point at which an authority becomes an interested party—might be quite late in the process. It could be not when the inquest is opened, but perhaps closer to when the proceedings commence. An awful lot of work needs to be done in the intervening period, and that can last a long time. We are already talking to the Ministry of Justice about whether, although that is currently written into the Bill, it is the best way to determine the point at which non-means-tested legal aid is made available.

Of course, there are other situations in which means-tested legal aid will be made available, particularly when more than one family is involved who want representation, or at least preparation for the inquest rather than the advocacy itself.

At the moment, there is not a cap in respect of the preparation and advocacy aspects of work on inquest cases. That is probably right, because the system is already over-bureaucratic and underpaid. The creation of a cap, or people having to extend the level of legal aid they can access at different points in time in an inquest process, is just going to act as another barrier to ensuring adequate representation.

Parity is a really difficult question. I have been speaking about this to our members who are inquest specialists. One of the points they made, which was slightly surprising to me—I think Richard alluded to this earlier—was that they do not necessarily see parity as being about the number or seniority of the lawyers that represent either side in the inquisitorial process. Because of the completely different role that a bereaved family have in an inquest—as opposed to a public authority—it is probably understandable in many circumstances why a public authority might have a bigger legal team. If the duty of candour works in practice, and if public authorities genuinely want to assist the coroner to carry out their investigations, they may need a larger legal team to assist them properly. I would not say it is as simple as just numbers and seniority.

To build on one of the points mentioned earlier, the reasonableness and proportionality of legal representation will be linked to conduct, to a degree. The assessment by the coroner of whether the public authority’s level of representation is proportionate will very much flow from whether the coroner believes the public authority is acting and following their duty of candour and their duty to assist the investigation, and is being open, frank and transparent. If they are, there will be few concerns about their level of legal representation, but if they are not, there will be big concerns about their level of legal representation, because that will be seen as a mechanism to block rather than comply with their duties. Does that make sense?

Public Office (Accountability) Bill

Debate between Alex Davies-Jones and Douglas McAllister

2nd reading
Monday 3rd November 2025 Commons Chamber

[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.