Public Office (Accountability) Bill Debate

Full Debate: Read Full Debate
Department: Cabinet Office

Public Office (Accountability) Bill

Carla Lockhart Excerpts
2nd reading
Monday 3rd November 2025

(6 months, 1 week ago)

Commons Chamber
Read Full debate Public Office (Accountability) Bill 2024-26 Read Hansard Text Read Debate Ministerial Extracts
Keir Starmer Portrait The Prime Minister
- Hansard - - - Excerpts

Yes, I can confirm that. I want to emphasise the point again, because it is so significant, that out of the most unbelievable suffering, these families—these victims—have pushed for a change that took far too long, but that will now benefit and safeguard people whom they will never meet and never know. I find that kind of campaigning humbling, and we thank them for it.

Carla Lockhart Portrait Carla Lockhart (Upper Bann) (DUP)
- Hansard - -

Will the Prime Minister give way?

Keir Starmer Portrait The Prime Minister
- Hansard - - - Excerpts

I will just make a bit of progress, and then I will take further interventions.

Finally in relation to the duty of candour, it is underpinned by a new criminal offence of misleading the public, which is aimed squarely at public servants who wilfully mislead the British people in a reckless, intentional or improper way. In cases such as Hillsborough, lies and dishonesty from the state grievously harmed the very people it was supposed to serve, and that must never happen again.

However, the Bill is not just about the duty of candour, because anyone familiar with how justice failed families and victims must also recognise that the lack of parity in our legal system played a significant role. I remember Margaret Aspinall—I met her many years ago now, and she is with us today—telling me that she had to scrape together every last penny for legal representation, including the money paid out by insurers for the death of her son James, who at the time was pretty much the same age as my son who comes to football with me. That is what she had to do, and we have to recognise that injustice piled on the other injustices.

Keir Starmer Portrait The Prime Minister
- Hansard - - - Excerpts

I absolutely extend that tribute to my hon. Friend the Member for Liverpool West Derby (Ian Byrne), who I think was at the game and who has campaigned tirelessly in this place and beyond to help us get to the position today where we can introduce the Bill. I do pay tribute to him and I am very pleased to do so from this Dispatch Box, as we introduce this important legislation.

Carla Lockhart Portrait Carla Lockhart
- Hansard - -

Will the Prime Minister give way?

Keir Starmer Portrait The Prime Minister
- Hansard - - - Excerpts

I will just make some progress and I will come to the hon. Member.

On the question of parity, what happened and what happens in so many cases is that families either have to scrimp and try to find the money for legal representation, or they have none. And what are they met with—the Hillsborough families were met with this—at inquests and inquiries, the working people who have had to save for justice? They have been met, time and again, by armies of state-funded lawyers; the deep pockets of the state—taxpayer money—has been harnessed for the explicit purpose of fighting against justice. The Bill aims to correct that inequality so that justice and the state serve all, with a new duty on public authorities to engage lawyers at inquests and inquiries only where necessary and proportionate, and to ensure that their representatives behave with the sensitivity and respect that victims and their families deserve.

The Bill will also ensure that no bereaved family has to face an inquest alone, with the largest expansion of legal aid in a decade granting access to free legal aid for all inquests where the state is an interested party, so that working people like Margaret and the Hillsborough families will never again be faced with such inequality on legal representation, or, as in many cases, simply left with none.

I will take the intervention I promised.

Carla Lockhart Portrait Carla Lockhart
- Hansard - -

I thank the Prime Minister. He is speaking very powerfully about families and about human stories. I commend him for the number of human stories he has talked about today in this place. Will he agree to meet the families of the Chinook disaster, when 29 lives were lost and two pilots wrongly blamed? The families have been consistently refused even a meeting with Ministers, officials and Prime Ministers who have gone before. Will he do the right thing and meet them, and ensure that the Bill also covers them?

Keir Starmer Portrait The Prime Minister
- Hansard - - - Excerpts

I think there may have been meetings. If not, we will get meetings set up. [Interruption.] I am being told that there will be one, but I take on board what the hon. Lady says. I will make sure that there are the appropriate meetings, and will update her on exactly what form they will take and when they will take place.

The rebalancing of legal representation is a fundamental change in the balance of power in our justice system, and I genuinely hope that the whole House will support it.

Taken together, the measures in the Bill can be a landmark piece of legislation. I am determined—as I said in an intervention, having given my word to the Hillsborough families and having worked in partnership with them on this legislation—that the Bill will not be watered down. When it is in statute, it will rank as one of the great Acts of this Labour Government, a moment when the tireless campaigning of working people to right a historic wrong was finally recognised in this place and made our country better. That is all the campaigners have ever wanted. This has never been just about Hillsborough and those families; it has always been about everyone.

Madam Deputy Speaker, if they were to come down to this Dispatch Box—I won’t extend the invitation, because I suspect they readily would—I know, because I have heard them many times before, what they would say. They would say, “You must keep going. This is not done until it is done.” I want to therefore put on record in this House my deep gratitude to everyone who has worked with us on the journey to this point: Hillsborough Law Now; my hon. Friends the Members for Liverpool West Derby, for Widnes and Halewood (Derek Twigg) and for Sheffield South East (Mr Betts), who were all at the game; so many hon. Members from across Merseyside, past and present, as well, of course, as the Mayors of Liverpool and Manchester, all of whom have never stopped fighting for this Bill; Inquest, which facilitated so much of the engagement so we could be a Government who listened; Bishop James Jones, who chaired that crucial Hillsborough independent panel; the countless other campaigns that this issue touches on, many represented in the Gallery today; and, most of all, Margaret, Steve, Charlotte, Sue, Jenni, Hilda and every single member of the families affected by Hillsborough. I know that what they really want is not thanks or acclaim; they want change and they have waited 36 long years for change.

It is my honour, as Prime Minister, to bring the Hillsborough law before the House and to open today’s debate. It should never have taken this long, but we are here now and we must get it over the line: a legacy of justice, change and national renewal for the 97. That is what we are here to deliver today.

--- Later in debate ---
Jim Allister Portrait Jim Allister
- Hansard - - - Excerpts

I therefore hope that the Minister, when she comes to reply, will indicate that, subject to legislative consent, she will indeed make this Bill apply across the whole United Kingdom, because my constituents are as entitled as anyone else to the same duty of candour that arises elsewhere.

Carla Lockhart Portrait Carla Lockhart
- Hansard - -

The hon. and learned Member is making a powerful point. The Minister referred to devolved competences. Does he agree that this Parliament is sovereign and has on many occasions intervened in laws in Northern Ireland that are devolved? It is therefore upon this Government to do the right thing and make all of this legislation applicable to Northern Ireland.

Jim Allister Portrait Jim Allister
- Hansard - - - Excerpts

I agree absolutely, and such interventions have happened many times. If we are serious about saying there is a basis of equal citizenship across this United Kingdom, and that is what it is to belong to a United Kingdom, the duty of candour being given to England and Wales should equally be given to all of the United Kingdom. I welcome it for England and Wales, and I welcome it so far as it goes in Northern Ireland, but it does not go far enough. I am disappointed by the Government’s reticence to accept that this Bill, like any other, could be improved. A mighty step forward in improving it would be ensuring that it provides that duty of candour across the United Kingdom.

Public Office (Accountability) Bill (Carry-over) Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Public Office (Accountability) Bill (Carry-over)

Carla Lockhart Excerpts
Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I could not agree more with the hon. Gentleman. He is fundamentally correct that the Bill is about much more than just the duty of candour. This is about rebuilding the trust between the public and the state. It is about ensuring that there is accountability, transparency, openness and parity, and that the state remembers who it is that we are meant to serve. This is not just about the Hillsborough law, although this legislation will hopefully bear that name; it is about all those campaigns that have suffered as a result of state cover-ups and tragedies. It is really important that we recognise all those campaigning under the umbrella of the Hillsborough Law Now campaign.

At inquiries, inquests and investigations, public authorities and officials will be put under powerful obligations to help investigations to find the truth. They will all be legally required to provide information and evidence with candour, proactively and without favour to any of their own positions. Public servants will also be placed under a new professional duty of candour, which will be set out in each organisation’s mandatory code of ethics. This will ensure that individuals act with integrity and honesty at all times in their day-to-day work. The families made it clear to us that when it becomes apparent that someone has sought to evade accountability or prevent the truth from being uncovered—whether through dishonesty and deliberately withholding information, or through the perpetuation of false narratives—there must be clear accountability and appropriate sanctions.

The Bill will provide this through a new criminal offence of breaching the duty of candour and a new criminal offence of misleading the public. It will also provide non-means-tested legal aid for bereaved families at inquests where a public authority is an interested person, and place a duty on all public authorities to ensure that their use of lawyers is proportionate. It represents an important milestone in rebalancing the system, ensuring that the bereaved, grieving families are supported to participate in the inquest process where the state is represented, introducing the parity of arms that we have heard so much about. It also helps to ensure proper standards of conduct by public authorities at an inquest or inquiry.

Drawing on experiences shared with us by the families, the Bill will introduce measures placing a duty on all public authorities, and those that represent them, to act in line with statutory guidance and to support families’ participation in the process. Where there are concerns regarding the conduct of public authorities or their legal teams, the Bill grants the power to the coroner or the inquiry chair to raise those concerns with the appropriate senior individual level of public authority.

The Bill also abolishes the current common law offences of misconduct in public office following the Law Commission recommendations in its 2020 report. In its place will be two new statutory offences: the breach of duty to prevent death or serious injury, and seriously improper acts. By putting these offences on the statute book, we are making it clear what types of behaviour are covered by this offence and who exactly it applies to.

This is a landmark Bill. It will transform the way that public authorities and officials interact with official investigations and will act as a catalyst for the radical change in culture across the public sector that we so desperately need. It will deliver the largest expansion of civil legal aid in a generation and a move away from that culture of cover up and distrust in the state.

The Bill was due to return to the Commons for remaining stages in January. However, as many in this House will be aware, concerns were raised on how the duty of candour and assistance would apply to the intelligence and security services. The Government brought forward several amendments to strengthen the Bill in this area. However, it became clear from our conversations with families and stakeholders that they had concerns about how the accompanying safeguards we proposed might work in practice. We have always been clear that this is a Bill for and by the families, and where they have concerns, we will always listen.

Carla Lockhart Portrait Carla Lockhart (Upper Bann) (DUP)
- Hansard - -

Can the Minister give hope tonight through this Bill to the families of those who lost loved ones on 2 June 1994 on the Mull of Kintyre? Currently, documents pertaining to the tragedy of the Chinook disaster are under lock and key for 100 years. Indeed, the documents and evidence that are currently available should give this House serious concern as to what went on before that tragedy. Can she give hope today?

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank the hon. Lady for raising the issue regarding the Chinook disaster. I recently had the privilege of meeting the bereaved families of the Chinook disaster, and I want to pay tribute to them and their tenacious campaigning to uncover the truth of what happened to their loved ones. I am deeply pleased that the Prime Minister agreed to meet those families last week at Prime Minister’s questions, and we look forward to working with them and all the other campaigners as the Bill progresses through the House to ensure that anyone affected by a state cover-up or a tragedy where the state is represented should have the truth available to them. That is a fundamental feature of this Bill and one we wholeheartedly believe in.

It is because of those families and their lived experience that the Government took the decision to delay the Bill to allow more time to get it right—to address the issues that were raised directly with us by the families while not compromising our ability to protect national security and safeguard the national interest. In the past few months, we have been working intensively with the security services, Hillsborough Law Now and the Intelligence and Security Committee to find a way forward on this issue. But that has meant, sadly, that there was not sufficient time to complete the Bill’s passage in this Session. The Government have therefore tabled this motion to allow the Bill to continue parliamentary passage in the next Session.

I am aware that this Bill is of high interest and importance to many Members of this House, the public and, indeed, members of the other place, and many are very eager to see this Bill on the statute books. I want to stress that I share that eagerness. I want to make it clear that the Government remain resolutely committed to delivering this vital legislation. We are determined to get this right. We are continuing to work closely with campaigners and families, and if this motion is agreed this evening, we will bring the Bill back to complete Commons remaining stages, with new Government amendments, at the start of the next Session.