Hillsborough: Bishop James Jones Report

Baroness Laing of Elderslie Excerpts

Wednesday 6th December 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

With permission, Madam Deputy Speaker, I would like to make a statement on the Government’s response to Bishop James Jones’s report, “‘The patronising disposition of unaccountable power’—A report to ensure the pain and suffering of the Hillsborough families is not repeated”, and on the steps we will take to respond to the points of learning contained therein.

Bishop James has done our nation a great service and his report is an exceptional piece of work. I salute the Hillsborough families for the assiduous care they have given to help to create the report and forge the response that flows from it. I had the privilege of meeting many of the families in Liverpool in June this year, alongside the former Home Secretary. I was deeply moved to hear of their experiences, and by the dignity with which they shared them, but perhaps even more affecting was their unflinching determination to make sense of the senseless and bring about change for others. That is the true mark of compassion: campaigning selflessly for change, knowing that nothing that any Government can do will bring back their own loved ones or temper their grief.

The Hillsborough families have, through their determined efforts over decades, created a lasting legacy—a national legacy—that is a tribute to their loved ones. At the start of his report, Bishop James expressed his hope that

“we might be a better nation for having listened to them.”

We are, and they deserve the thanks of our nation.

I also pay tribute to those in this House who continue to campaign on behalf of the Hillsborough families and for families bereaved by other tragedies, including the right hon. Member for Garston and Halewood (Maria Eagle) and the hon. Members for Halton (Derek Twigg), for Wirral South (Alison McGovern) and for Liverpool, West Derby (Ian Byrne). I thank former members of the House who have given important support to the families, including Steve Rotheram and Andy Burnham, and I of course thank the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May). I also thank Glenn Taylor for his vital work on the ongoing independent forensic pathology review.

Quite apart from its important recommendations, Bishop James’s report laid bare the truly devastating experiences of those bereaved by the Hillsborough disaster on 15 April 1989. An unimaginable tragedy unfolded: 97 innocent men, women and children ultimately lost their lives; hundreds more were injured and traumatised by what they saw. But for Hillsborough’s bereaved and survivors, that terrible day was only day one of an enduring ordeal, and in the days and decades thereafter, it became clear that they suffered a double injustice. First, there was the abject failure of the police and others at the ground to protect their loved ones—failures described in Lord Justice Taylor’s 1990 report as

“blunders of the first magnitude”.

Then, they faced years of unforgivable institutional defensiveness.

Secondly, the Hillsborough families and survivors suffered what can only be described as cruelty, as innocent fans were cynically blamed for their own deaths. But that, as was later to become clear, was a web of lies spun by those seeking to protect their own reputations. I emphasise that point because although the disaster may have been more than 34 years ago, such baseless narratives inexplicably persist in some quarters today, so let me take this important opportunity to restate what is not a matter of opinion, but unassailable fact: fans attending Hillsborough stadium on 15 April 1989 bear absolutely no responsibility for the deaths and injuries that occurred. In making that statement, I echo what was said seven years ago by my right hon. Friend the Member for Maidenhead at this Dispatch Box when she read out the full findings of the second inquests—namely, that 96 men, women and children were unlawfully killed.

Since then, Andrew Devine, who suffered life-changing injuries at Hillsborough, passed away on 27 July 2021, becoming the 97th fatality of the disaster. I would like to place on record my deepest sympathies to Mr Devine’s family and friends, and indeed to all those who lost loved ones.

The Government’s response to Bishop James’s report has been a long time coming—too long. For some of that time, it was necessarily held back to avoid prejudicing the outcomes of criminal trials, but there has been delay since and I recognise that this has only compounded the pain of the Hillsborough families and survivors. The Government apologise for that.

As the House will be aware, the Government’s response follows that of the police, which was published in January this year. Today, the Chief Coroner is also publishing his response, which relates to his leadership role regarding the coronial service. Collectively, these responses address the points raised by Bishop James, but this does not stop here. We will, of course, continue to listen to the families of those involved in all major incidents and to their concerns.

Bishop James’s report contains 25 points of learning. While he said that he considered each to be “vitally important”, he was clear that three in particular were, to use his word, “crucial”, so let me turn to those. First, he proposed the creation of a charter for families bereaved through public tragedy. Bishop James made it clear that he wanted to

“help bring about cultural change”

through commitments to change

“related to transparency and acting in the public interest.”

It is worth reflecting that, in setting out point of learning 13 regarding the Hillsborough law, which I will come on to, Bishop James says that he has “drawn heavily” on that law’s principles in the drafting of the charter, so it is worth taking a moment to consider the language of that charter. It commits signatories—the leaders of public bodies—to strive to place the public interest above the reputation of their own organisations; to approach all forms of public scrutiny, including public inquiries and inquests, with candour in an open, honest and transparent way; and to avoid seeking to defend the indefensible.

The Deputy Prime Minister has today signed what will be known as the Hillsborough charter on behalf of the Government. Other signatories to the charter include the National Police Chiefs’ Council on behalf of all 43 police forces, the College of Policing, the Crown Prosecution Service, the National Fire Chiefs Council and others. We want the charter to become part of the culture of what it means to be a public servant in Britain, so the Deputy Prime Minister will be writing to all Departments to ensure that everyone who works in Government is aware of the Hillsborough charter and what it means for the way they work. A reference to the charter will also be added to the central induction to the civil service for all new joiners. The Hillsborough charter and Bishop James’s report have also been added to the curriculum for every recruit who joins the police. This charter will now be embedded in our public life.

The second crucial point of learning from Bishop James’s report is what he described as the “pressing need” for the

“proper participation of bereaved families at inquests”.

Inquests are, first and foremost, about answering four questions: who, where, when and how an individual has died. However, as Bishop James highlighted, the Hillsborough families were let down by the very process that should have given them answers during the first inquests, and they then had to endure a second, which had been ordered by my right hon. Friend the Member for Maidenhead. At the first inquests, the families were forced to fund their own legal representation, with a single barrister between them.

We recognise that proper involvement in an inquest will, in appropriate cases, mean that bereaved families should get legal representation, especially when the state is represented. That is why changes have been made such that, had the Hillsborough tragedy happened today, the families would have been eligible for free legal aid through the exceptional case funding scheme. The Government are determined to make this process as straightforward as possible, which is why in January 2022 the Ministry of Justice removed the means test for representation in relation to ECF cases and in September 2023 the means test was removed for legal advice at inquests. We want to build on this progress, so I can announce today that we will consult on an expansion of legal aid for families bereaved through public disaster where an independent public advocate is engaged—I will come back to that—or in the aftermath of a terrorist incident.

I acknowledge that Bishop James talks broadly about the proper participation of bereaved families at inquests where the state is represented. We will seek to further understand the experiences of these individuals, and I would welcome a conversation with Bishop James on that early in the new year.

We support the principle raised in Bishop James’s report that public bodies should not be able to spend “limitless” public funds on legal representation. That is why we have, for the first time, set out a requirement on Government Departments to

“consider the number of lawyers instructed bearing in mind the commitment to support an inquisitorial approach.”

We will now go on to set out that central Government public bodies should publish their spend on legal representation at inquests and inquiries, reaffirming that this spend should be proportionate, and never excessive.

We have also published a set of principles to guide how public bodies should instruct lawyers at inquests. These include a requirement to approach the inquest with openness and honesty and to keep in mind that the bereaved should be at the heart of the inquest process. We will also publish guidance to set the clear expectation that central Government public bodies must instruct their lawyers in accordance with the principles of the Hillsborough charter, because how lawyers engage with the inquest process and with the bereaved families matters.

I shall turn to the third of Bishop James’s three crucial points of learning: a duty of candour for police officers. As he described it, there is

“a gap in police accountability arrangements”

for officers who

“fail to cooperate fully with investigations into alleged criminal offences or misconduct.”

That is why a new offence of police corruption, applicable to police and National Crime Agency officers was introduced in 2017, punishable by up to 14 years’ imprisonment. In 2020, we updated the Police (Conduct) Regulations to introduce a new duty to co-operate for individual officers during investigations and inquiries. Failure to do so can result in disciplinary sanctions, including dismissal. Last month, we introduced legislation to place an organisational duty of candour on policing. Through the Criminal Justice Bill, we will place a duty on the College of Policing to issue a code of practice for ethical policing, and for that code to include a duty of candour. This duty is designed to promote a culture of openness, honesty and transparency, and chief constables will be held to account for their forces’ performance against the code. The new code of practice has been laid in Parliament today.

We want to go beyond the police to consider healthcare settings too. In response to recent concerns about openness in those settings, we will be conducting a review into the effectiveness of the existing duty of candour for health and social care providers—the terms of reference for that have been published today.

I am aware that the Hillsborough law calls for a duty of candour on all public authorities. Since the Hillsborough disaster, a comprehensive framework of duties and obligations has developed, which covers public officials and the different official proceedings, such as inquests and inquiries. First, in central Government, the civil service code requires civil servants to act with honesty and integrity. A breach of the code can result in a range of sanctions, including dismissal. This sits alongside the Nolan principles providing that:

“Holders of public office should act solely in terms of the public interest.”

Secondly, the legal framework surrounding criminal investigations, statutory inquiries, inquests and most other formal proceedings requires that all individuals, regardless of whether they are a public official, co-operate with them. For example, there is a duty of candour in judicial review, which amounts to a duty on public authorities to lay cards “face up on the table”. When it comes to inquiries, importantly, these carry the potential for custodial sanction—prison sentences in plain English.

Thirdly, where a public official demonstrates a lack of candour, and where this forms part of their duty as a public office holder, they can potentially be guilty of misconduct in public office, which is a criminal offence. We will keep these changes under review to ensure that we achieve that culture of openness, honesty and candour, and we will not rule out taking further action if it is needed.

Today, the Government respond to all 25 points of learning, but I have focused this statement on those that Bishop James described as “crucial”. Very meaningful progress has been made, but we will not hesitate to go further if required. The discussions will continue, and the Government have committed to another debate in the new year to ensure that that dialogue progresses. I would also be happy to meet the Hillsborough families should they wish to discuss any aspect of the Government’s response.

Finally, I turn to improvements in the justice system. Bishop James made it searingly clear that the justice system, which should have supported victims and the bereaved after the tragedy, was not set up to do so. Our response sets out the steps this Government have taken to ensure that bereaved families and survivors in the immediate aftermath of a public tragedy are guided through what can be a difficult, complicated and forbidding process. Through the Victims and Prisoners Bill, we have introduced legislation to enable an independent public advocate. Once established, the IPA will be a strong voice for victims, the bereaved and whole communities affected by major incidents. The IPA, as promised by my right hon. Friend the Member for Maidenhead, will make sure that those affected by major incidents know their rights, can access support services, and have their voices heard at inquests and inquiries. Its design has been informed by the very difficulties that the Hillsborough families faced and our commitment to making sure that other families do not suffer the same injustices. That can include holding public bodies to account for their commitments to abide by the Hillsborough charter. I am also grateful for the contributions of some of the families of victims of the Grenfell Tower fire and of the Manchester Arena bombing, telling us what would have helped them most in the aftermath of those terrible events.

After listening to concerns of the Hillsborough families, set out so powerfully when I met them earlier this year, as well as contributions from colleagues across the House—I am looking at the right hon. Member for Garston and Halewood here—I decided that we must go further by establishing a permanent IPA. It is vital that the IPA can be deployed as soon as possible after disaster strikes and that they have time in advance to be as prepared as possible. A permanent advocate will be able to advise the Government on their response to major incidents, such as any subsequent inquiries or reviews, and will ensure that the views of families are heard. Importantly, they will also report independently to government about the experiences of victims and bereaved families, as well as publishing an annual report. All such reports will be laid before Parliament.

The Hillsborough families have been unrelenting in their pursuit of justice, and Bishop James has done essential work to support the families and has faithfully discharged the commission put upon him by the then Home Secretary and former Prime Minister to capture their perspective, so that it was not lost following the second inquests. Today is therefore an important day. It does not provide closure for the families, of course. As Bishop James himself wrote,

“there can be no closure to love, nor should there be for someone you have loved and lost.”.

Grief is indeed a journey without a destination. But today is a milestone on that journey. It is a moment, I hope, when families will feel able to pause and take quiet pride in the enormity of what they have achieved, not for themselves, but for others—for the British people. But I hope they will serve to cement and strengthen the Hillsborough families’ legacy—the changes they have made to benefit an entire nation and to help ensure that never again can our people be so betrayed by the very organisations and institutions meant to protect them. I commend this statement to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.