Public Office (Accountability) Bill (Third sitting)

Anneliese Midgley Excerpts

Tuesday 2nd December 2025 Public Bill Committees

[Ian Byrne]

Amendments 44 and 45 go to the heart of what we are trying to do regarding the Hillsborough law, which is about command responsibility. It is about cultural change. I got the briefing note from the Minister, which I am very thankful for, which outlines where we feel the Government are now, but I think there is a debate among many of us about whether we feel that is strong enough. I just want to outline why I feel that, and why I feel that these amendments are worthy of consideration by the Minister.

The duty of candour and assistance applies to both public authorities and individuals. Where the duty falls on an authority, responsibility for compliance and enforcement measures must land on individuals; otherwise, those measures are basically rendered ineffective. The clause 5 and clause 11 offences require intent or recklessness, a concept that is difficult to apply to a legal—rather than natural—person. Where the criminal law has corporate offences, including proof of intent or recklessness, liability is established by attributing the mental state of directing minds to the corporation. That may be appropriate in some contexts, but here, proof of wrongdoing or failure leads only to liability on the authority and a fine paid by the taxpayer. I just do not feel that goes far enough.

The original 2017 Public Authority (Accountability) Bill dealt with that by making the chief officer or chief executive responsible for the discharge of the corporate duty. We feel that that is both fair and practical, as it places the responsibility on the person with the ability to ensure that authorities are properly led, and a high hurdle of intent or subjective recklessness ensures that he or she does not get prosecuted for inadvertence, or if he or she is misled by others. That also provides an effective deterrent.

I go back to the fact that we are looking at cultural change here; I feel that understanding that they would be responsible would sharpen their minds. Prosecution of a corporation just means that the taxpayer pays a fine, and we have seen that before, with a slap on the wrist and no cultural change.

[Anneliese Midgley (Knowsley) (Lab)]

I thank my hon. Friend for tabling these amendments. I remind the Committee that, on Second Reading, the Prime Minister said from the Dispatch Box:

“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.”—[Official Report, 3 November 2025; Vol. 774, c. 655.]

I just wanted to add that to this debate.