Read Bill Ministerial Extracts
Andy Slaughter
Main Page: Andy Slaughter (Labour - Hammersmith and Chiswick)Department Debates - View all Andy Slaughter's debates with the Cabinet Office
(9 months, 1 week ago)
Commons ChamberI 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.
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.
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.
I welcome the Bill, and thank the Government for introducing it. It is the result of years of committed campaigning led by the families of the victims and the survivors of Hillsborough. Many of the worst corporate miscarriages of justice, from infected blood to Grenfell, would have been exposed years or even decades ago had it become law sooner.
The Bill requires the state and its agents to tell the truth about their misconduct, and gives rights to the victims, not least the right of representation on fair and equal terms in inquests and inquiries. Let us therefore celebrate a landmark piece of legislation which, like the Human Rights Act and the Freedom of Information Act under the last Labour Government, gives power to the citizen and makes the state accountable; but let us also look for ways to improve it by strengthening what is in it and adding what has been left out.
I welcome the duty of candour in clause 2, which requires public authorities and officials to act with “candour, transparency and frankness”. Clause 4 extends the duty of candour to bodies or individuals who are not public authorities or officials, but who had a “relevant public responsibility”. However, it requires
“a direct contractual relationship with the public authority”,
which means that subcontractors or subsidiary companies would not be caught by the duty of candour, and I think that is wrong.
Clause 11 introduces a new offence of misleading the public. It is a strong test, but the Bill also contains exemptions and caveats that may make it less comprehensive or effective. First, the “harm” test in the clause is unnecessary. The object of the clause is to prevent the public from being misled. That may cause harm to an individual, but it should not be a requirement. Preventing reliance on wrong information is an end in itself.
Secondly, the carve-out for the security services is too broad. Schedule 1 not only exempts legitimate safeguards such as national security, but gives a general exemption to intelligence officers at all levels up to and including director. Thirdly, clause 11 provides an exemption from the offence of misleading the public for acts done
“for the purposes of journalism.”
However, the scope of this exemption is unclear. For example, does it extend to individuals being interviewed as well as those conducting the interviews, or to public officials who also, for instance, publish news columns or host news programmes? We know all too well from Hillsborough that the actions of the media can lead to injustice for victims.
However, aside from that exemption, the role of the media has been overlooked by the Bill. South Yorkshire police defamed the Hillsborough families and survivors, but they did not do so alone. Their lies and smears were promoted by several newspapers, most notably The Sun.
It was the culture, and the connections between the newspapers and the police, that enabled this to happen, and there is no evidence that that has changed. Just as South Yorkshire police were protected by The Sun after Hillsborough, the Metropolitan police were responsible for astonishing oversights in the investigations into phone hacking at News of the World.
The culture of complicity was due to be investigated by part 2 of the Leveson inquiry. Margaret Aspinall, who is here today, was among those due to give evidence to Leveson. Her son died at Hillsborough; he was only 18. Margaret has written powerfully in the Liverpool Echo today about the need for this Bill and for the press to be held to account.
I would like to voice my support for the expansion in legal aid for inquests that will be brought in by the Bill. The Bill provides that families will be eligible for non-means-tested legal aid if a public authority is an interested person at the inquest. I would appreciate clarity from the Minister on how that expansion in legal aid will be funded. What is the estimated cost of providing representation at inquests and inquiries, and how will it be funded? Will it be, for example, from existing budgets?
Finally, I will mention a couple of provisions that I think should be added to the Bill. There is no mention of the Independent Public Advocate. It would be good to hear from the Government on how they think that office—for which the Lord Chancellor has just made an excellent appointment in the person of Cindy Butts—can work to support victims through the Bill.
There is also no national oversight mechanism provided for in the Bill, despite widespread support for one as a necessary guarantee of the successful implementation of public inquiries and prevention of future deaths reports. A national oversight mechanism, which has been proposed by the charity Inquest—which I know has been working closely with the Hillsborough families—would ensure that recommendations from inquests and inquiries were effectively publicised and that their implementation was monitored. Too often, the recommendations of inquiries sit on shelves and are not implemented, and no one goes back to see that they are. A national oversight mechanism is a major omission from the Bill, and I hope the Minister will address that point when she winds up.
I invite the Minister to respond to the points I have raised this evening. The Bill is an overdue, but no less welcome, piece of legislation that the whole House should wish to improve and enact.
Following the next contribution, I will reduce the time limit to five minutes—so, on a six-minute time limit, I call Abtisam Mohamed.
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.
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?
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.
Public Office (Accountability) Bill Debate
Full Debate: Read Full DebateAndy Slaughter
Main Page: Andy Slaughter (Labour - Hammersmith and Chiswick)Department Debates - View all Andy Slaughter's debates with the Ministry of Justice
(1 month ago)
Commons ChamberI appreciate the way in which the Minister has responded on the national oversight mechanism, but if this is to have teeth, and if it is to deal with both inquiries and inquests, do we not need a separate public body? It is a substantial piece of work.
Catherine Atkinson
The Government have already taken steps to improve transparency in response to inquiry recommendations, including launching the new gov.uk dashboards, which demonstrate progress in delivering accepted inquiry recommendations. The Public Administration and Constitutional Affairs Committee is currently considering how the implementation of recommendations resulting from future public inquiries should be scrutinised, and we welcome that.
I call the Chair of the Justice Select Committee.
I welcome the Bill, and thank the Government for introducing it and bringing it back to the House before the summer recess. It is the result of years of committed campaigning, led by the families of the victims and survivors of Hillsborough. Many of the worst corporate miscarriages of justice, from infected blood to Grenfell, would have been exposed years or even decades ago, had the Bill become law sooner. We should celebrate a landmark piece of legislation that—like the Human Rights Act 1998 and the Freedom of Information Act 2000, introduced under the last Labour Government—gives power to the citizen and makes the state accountable.
I will focus my remarks on two new clauses that I have tabled, which build on growing calls for a national oversight mechanism. This would be a new, independent public body that collated, analysed and followed up on the conclusions and recommendations made after official investigations into deaths and state failings, in order to improve oversight and implementation of them. At present, there is a critical gap in accountability between the issuing of a report or recommendation and its eventual implementation. It can be extremely difficult for bereaved families, victims and the general public to get information on what changes have actually been made following the identification of failings.
Tessa Munt
Can the hon. Member spot the irony in the fact that today, while the Government are considering this legislation, which is designed to prevent public bodies from obstructing the truth, the Ministry of Defence is in the High Court in London, trying very hard to silence the Chinook families by saying that they are out of time in seeking an independent inquiry on why their loved ones were allowed to board a Chinook helicopter that the Ministry of Defence knew was unairworthy, positively dangerous and not to be relied on in any way? There is surely an irony in that. It is absurd. I know that the hon. Member was talking about the intelligence services, but the Bill surely has to cover the Ministry of Defence and how it behaves, too, because it is utterly inappropriate.
I know that case means a huge amount to the hon. Lady as a constituency MP, and I thank her for all the work she does on the Justice Committee. I think we have only begun to scratch the surface. This Bill will be a transforming piece of legislation.
I will make one final comment. Several Members have welcomed, as I do, the huge increase in the provision of legal aid that will come, but for that to be effective, we have to look at legal aid rates and the availability of legal aid practitioners. Simply having the funding available does not ensure that there will be representation and equality of arms, which I think we all wish for.
Tessa Munt
My sense is that we could have some equity in the amount of legal aid given to families and individuals fighting big organisations, such as public bodies. If the rates of the specialists and professionals who are supporting the public bodies came down, and matched the rising rate of legal aid for the support of those individuals and families, we might be in a situation where could be some equity. That would make investigation much simpler for the courts and inquests dealing with such cases, because they would have people who understood the process better.
I think I have taken enough time, but I thank the Member for that intervention. This afternoon, the Justice Committee signed off a new major report on legal aid, which will be published on Friday. Those who are interested can read more there. In conclusion, this is a landmark piece of legislation, which we should all welcome, and I commend it to the House.
I will speak to two amendments, but first, I pay tribute to the Hillsborough families, and to two people in particular, with whom I have dealt personally. The first is Margaret Aspinall. As a new Culture Secretary in 2010, I made some ill-chosen comments about the Hillsborough tragedy, and I met Margaret Aspinall afterwards. I apologised, and she graciously accepted that apology. I have always been struck by not just her tenacity, but her dignity and decency. Today has been a long journey, but if the Bill saves lives, as we all want it to, she will deserve more credit than any politician, as will every one of the families of the 97.
I also want to mention Bishop James Jones, who was chair of the independent panel. He gave the world the phrase that summed up more than any other what went wrong: the patronising disposition of unaccountable power. What is remarkable about Bishop James is that he did not hang up his hat after publishing the report in 2012, but went on to advise successive Home Secretaries on how to implement his recommendations, and then chaired the Hillsborough families’ experiences review panel. I asked for his help in chairing the Gosport independent panel, and he went on to chair the Gosport family forum, from which he has just stepped down for health reasons. To me, he exemplifies Senator John McCain’s famous words about
“the honor we earn and the love we give if at a moment in our lives we sacrifice for something greater than self-interest.”
I know that the whole House will want to mark his public service.
Let me turn to my new clause and amendment. New clause 11 addresses a profound failure in the way that the duty of candour works in the NHS. In 2014, I put in place the regulations that applied that duty to the NHS, and when I tell the House what those regulations require of the NHS, Members will immediately see why they are failing so badly. They state that if severe harm or death is caused to a patient, the hospital must tell the patient or their family promptly, or as soon as is practically reasonable. It must give a truthful account of what is known and what happened, and it must offer a sincere apology. As witnesses to countless subsequent inquiries affecting the constituents of many Members here have said, that simply does not happen. Families have to fight for years to find the truth about what happened to a loved one, and all too often, they find that mistakes are ignored or covered up. When a tragedy is covered up, it is then repeated time after time, which is precisely what those families are campaigning to stop.
Why do those cover-ups happen? There are many reasons, but one in particular is that trust lawyers advise trusts not to say anything at all when there is a risk of legal action. Let me tell the House about baby Ben Condon, who died at eight weeks old in 2015, when I was Health Secretary, after delays in giving him antibiotics. His father Allyn says that consultants apologised to him privately, saying that they had got it wrong, and then said the exact opposite at an inquest a few months later. I believe that that was a breach of the duty of candour regulations that were already in place, and that lawyers, even today, are giving unlawful advice to clinicians and trusts. As a result, the duty of candour in the NHS is being widely bypassed, and that will continue until we deal with this loophole. New clause 11 requires the Department of Health and Social Care
“to ensure that legal services provided to NHS bodies…are consistent with the statutory duty of candour and the principles of openness”.
It requires the Department or designated body to ensure that those standards are met, and that the situation be dealt with appropriately when they are not.
Amendment 150 does a different job. The Bill requires people working for public bodies to tell the truth to those conducting investigations or reviews, but it does not require them to tell the truth to families, who then have to wait, often for years, until the review is published. The amendment requires that information to be provided to a person or family who has, or may have been, harmed.
I recognise that the House will not divide on either the new clause or the amendment, so neither will become law as part of this Bill. My request to Ministers is that they include them in the Health Bill; they would be in scope, and would have a dramatic impact in preventing the anger of NHS-bereaved families, which is absolutely the equal of the anger of the Hillsborough families that we are trying to address today. My reason for wanting to do that is straightforward. A Health Secretary can pass new laws, introduce new technology and bring down waiting lists, but the only real change that stands the test of time is culture change. Culture change means replacing cover-ups, buck-passing and a blame culture with openness, trust and learning, but there will not be trust if patients and families are not told the truth. We will never learn from mistakes if we cover them up. We need real change—culture change—to put that right.