Public Office (Accountability) Bill (Fifth sitting)

Debate between Ian Byrne and Tessa Munt

Thursday 4th December 2025 Public Bill Committees

[Ian Byrne]

I thank the Minister for the comprehensive response and the clarity that she has added. With that, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Tessa Munt (Wells and Mendip Hills) (LD)]

I beg to move amendment 30, in clause 11, page 10, line 4, leave out paragraph (b).

[Tessa Munt]

It is a pleasure to serve with you as Chair, Sir Roger. Amendment 30 removes the exemption for journalism from the offence of misleading the public, showing that no one, including journalists or public officials writing in a journalistic capacity—including in internal newsletters—can avoid accountability for knowingly or recklessly providing false or misleading information. The purpose of tabling the amendment is to close the loophole that might allow public officials to evade that accountability by presenting misleading information under the guise of journalism. The rationale is to strengthen public trust in Government communications, ensure consistency in applying the law regardless of the medium used, and prevent deliberate attempts to mislead the public through media channels.

The amendment responds to various concerns raised by accountability campaigners, transparency advocates and parliamentary scrutiny bodies that the exemption could be exploited, undermining the effectiveness and credibility of the offence. We have seen with cases that we heard about last Thursday when the Committee took evidence, and with some cases that we discussed on Tuesday, that we cannot ignore the damaging role the media has played in many situations. Some of those examples shed light on public servants using the media to set the narrative, with some of the most awful and damaging consequences for people’s lives and for shedding light on the truth.

We know that—appallingly—the media has been used to set the narrative. With amendment 30, we are thinking about the public and how they perceive this place in particular, and the power structures that move around it. The sense is that legitimacy is key.

[Ian Byrne]

I want to reinforce what the hon. Lady said regarding the definition of journalism. It must be tightly defined to prevent the bogus defence that we have seen recently, as made by Stephen Yaxley-Lennon—also known as Tommy Robinson. If the purpose of this exclusion is to exempt public service journalists—for example, those working at the BBC—from scope, then it should say that explicitly. There is no reason why it cannot say that. Otherwise, public officials and servants are not journalists, and there is no reason to exempt a lie asserted in the course of writing or broadcasting.

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[Tessa Munt]

I am very grateful to the Minister for that assurance.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Schedule 6

Conduct of public authorities at inquiries and inquests

Amendments made: 14, in schedule 6, page 54, line 2, leave out from “paragraph” to “and” in line 3 and insert

“(d) insert—

‘(e) the matters reported under paragraph 7A of that Schedule’”.

This amendment is consequential on amendments 16 and 17.

Amendment 15, in schedule 6, page 55, line 24, leave out “2A and 7” and insert “7 and 7A”.

This amendment is consequential on amendments 16 and 17.

Amendment 16, in schedule 6, page 56, line 1, leave out “2” and insert “7”.

This amendment, together with amendment 17, relocates the position in which a new paragraph of Schedule 5 to the Coroners and Justice Act 2009 is inserted.

Amendment 17, in schedule 6, page 56, line 3, leave out “2A” and insert “7A”.—(Alex Davies-Jones.)

See the explanatory statement for amendment 16.

Schedule 6, as amended, agreed to.

New Clause 1

Post-legislative assessment of the legal duty of candour for public authorities and public officials

“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a report into—

(a) the impact of the Act’s provisions on increasing public confidence that public authorities’ internal processes are fit for purpose in identifying and investigating failures when they first arise following a major incident.

(b) the role of the standing public advocate in assessing public authorities’ responses to affected individuals and relatives of bereaved victims following a major incident or where there is a major public concern that public authorities may not be acting in the best interests of those affected by a major incident.

(2) The report must assess—

(a) extending the public advocate’s powers to facilitate the gathering of information from those people affected by a major incident to support official inquiries and investigations to help ensure that all public authorities and officials are acting in accordance with the duty of candour set out in this Act.

(b) the case for facilitating a mechanism whereby the public advocate can instigate an independent panel to collate evidence and information following a major incident to support the oversight of public authorities and officials’ responses to major incidents.

(c) the costs of establishing independent panels as compared to non-statutory inquiries, or statutory inquiries under the Inquiries Act 2005 in line with paragraph (b).

(3) The Secretary of State must lay a copy of the Report before Parliament.”—(Ian Byrne.)

Brought up, and read the First time.

[Ian Byrne]

I beg to move, That the clause be read a Second time.

My right hon. Friend the Member for Liverpool Garston cannot be here to move the motion because of her father’s illness. She really wanted to be here, and I fully support the new clause, so I am going to speak on her behalf.

New clause 1 proposes a post-legislative assessment, within 12 months of the passing of the Act, of how its provisions on the duty of candour and equality of arms are increasing public confidence in public authorities. Specifically, it would examine whether the internal processes of public authorities are fit for purpose in identifying and investigating failures as they first arise after major incidents. The assessment would also consider the role of the independent public advocate in evaluating how public authorities respond to affected individuals and bereaved families following such incidents.

The report would have to explore whether the powers of the independent public advocate should be extended to facilitate the gathering of information to support inquiries and investigations, to ensure that public authorities and officials act in accordance with the duty of candour. It would also have to examine the case for empowering the independent public advocate to instigate an independent panel, similar to the Hillsborough independent panel, and assess the costs compared with non-statutory and statutory inquiries.

The new clause would ensure that, soon after the Act comes into force, Parliament would receive a clear, evidence-based assessment of whether it is delivering on its aims, and whether the role of the independent public advocate should be strengthened to secure faster truth, greater transparency, and better support for bereaved families after major incidents.

When Hillsborough Law Now launched in 2022, it not only supported the measures in the Bill but called for the establishment of an independent public advocate with powers to set up independent panels like the Hillsborough independent panel. For more than two decades, the legal system failed to deliver truth or justice to the Hillsborough families. In some cases, it even facilitated the propagation of a false narrative, including by officers named in the IOPC report published this week.

It was the Hillsborough independent panel, which was established in 2009 and reported in 2012, that finally set the record straight. I wholeheartedly support that statement. Its process was non-legal, document-based and grounded in transparency rather than adversarial proceedings. In two years it achieved what the legal system had failed to do in 24. One of the key lessons of Hillsborough is that the legal system can fail. The two witnesses, Jenni Hicks and Hilda Hammond, spoke powerfully on behalf of this new clause, and the need to look at how panels in the style of the Hillsborough independent panel can help to achieve justice. I want to put on record that I thought they spoke really eloquently. We cannot claim to have learned the lessons fully unless we provide bereaved families with access to a similar process at an earlier stage.

The Public Advocate Bills introduced by my right hon. Friend the Member for Liverpool Garston in the Commons in 2016 and by Lord Wills in the Lords in 2014, set out to create an independent public advocate with meaningful powers, including the authority to instigate independent panels akin to the Hillsborough independent panel. The intention was to give bereaved families a route to truth and transparency at an early stage, and to ensure that public authorities could be held to account quickly and that failures in process could be addressed before they became entrenched.

However, the office of the independent public advocate, as currently established under the Victims and Prisoners Act 2024, does not yet carry the powers originally envisaged, as the independent public advocate outlined in last Thursday’s evidence session. I think she is open to having more powers to achieve what my right hon. Friend the Member for Liverpool Garston is looking to set out with the new clause. As it stands, the office of the IPA lacks the statutory authority to gather evidence from those affected, and it cannot initiate independent panels to collate information and assess public authorities’ actions.

I cannot say it strongly enough: the Hillsborough independent panel uncovered what happened at Hillsborough because it had access to the police documents and the reports, so it could see the scale of how some police officers had changed the evidence of those who were at Hillsborough. I include in that my own father, whose report of his experience at Hillsborough was changed beyond all recognition. When he eventually saw what the police had put down for him, it caused him great distress, along with many others. What my right hon. Friend has outlined in the new clause is so important, and without the powers in it the advocate cannot replicate the approach that finally succeeded in the case of Hillsborough, when transparency, document disclosure and independent oversight finally brought truth, in a fraction of the time that the legal system had taken.

The gap in the powers has real consequences today for families who experience disasters or major public incidents. If we are serious about learning the lessons from Hillsborough and other tragedies, which I believe we are, we need to ensure that the independent public advocate has the appropriate authority and resources to act effectively, and that Parliament can scrutinise whether the office is delivering on its intended purpose. New clause 1 would provide for that, and I support it fully. I urge the Minister to consider what my right hon. Friend the Member for Liverpool Garston laid out in the new clause, and to discuss how we move forward on it.

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[Ian Byrne]

I welcome the Minister’s response and the offer of continuing talks with my right hon. Friend the Member for Liverpool Garston.

[Tessa Munt]

I would be grateful if the Minister could include me in those discussions, because I am very keen that we get this right.

[Alex Davies-Jones]

indicated assent.

Public Office (Accountability) Bill (Third sitting)

Debate between Ian Byrne and Tessa Munt

Committee stage
Tuesday 2nd December 2025 Public Bill Committees

[Alex Davies-Jones]

I agree. I am committed to working with hon. Members on a way forward.

On the point made by the hon. Member for Wells and Mendip Hills about what happens if the head office is abroad, the Bill will provide the inquiry or investigation with the powers to obtain information from an individual wherever they are, even if they have retired, if they have resigned or if they now live abroad.

[Tessa Munt]

On the basis that we can all work together to make sure that we cover subcontractors, including the different tiers of subcontracting, I am happy to withdraw the amendment. I was going to press it to a vote, but the Minister has assured me that she will try to do something before Report and I recognise that we have support on both sides of the Committee. I thank the Minister very much indeed. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.

Clause 5

Offence of failing to comply with duty

[Ian Byrne]

I beg to move amendment 54, in clause 5, page 5, line 18, after “objectives” insert:

“or are reckless as to whether it will do so,”.

This is simply a strengthening amendment that has come from the lawyers, and which I hope the Government will take on board. It is worth pointing out that we only have one shot at this. We need to ensure that there is no unfortunate language that perhaps does not allow the Bill to be as strong as we need it to be, so I hope the Government will accept the amendment.

The current wording in clause 5(1) sets the mental element of failing to discharge the duty as intent, and the mental elements of failing to provide the information in the duty as intent or recklessness—being cognisant of the risk and choosing to take it nevertheless. We feel, and I certainly feel, that this is a baseless distinction and an anomaly. The mental element should be the same, and the amendment would rectify that. It is simply a strengthening amendment to make sure that we shut any gaps.

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[Tessa Munt]

Thank you, Sir Roger.

Amendment 33 would place a personal responsibility on the chief officer, or the chief executive of a public authority or corporate body with public responsibility under clause 4, for an offence of failing to comply with the duty of candour or assistance. What is needed is clear personal accountability on the chief officer or chief executive for any failure to comply. That ensures that senior leaders cannot avoid responsibility for breaches within their organisation, and reinforces the expectation that those at the top maintain a culture of openness and co-operation.

[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.

Public Office (Accountability) Bill (Fourth sitting)

Debate between Ian Byrne and Tessa Munt

Committee stage
Tuesday 2nd December 2025 Public Bill Committees

[Ian Byrne]

I am filled with confidence by the Minister’s response on whistleblowers. I know that she will be taking this seriously, because it goes to the heart of changing the culture of organisations that have failed us time and time again. This whistleblowers element is extremely important. I am happy to hear that Minister is up for engaging with us across the Benches to strengthen these provisions, which is desperately needed. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Tessa Munt]

I beg to move amendment 28, in clause 9, page 8, line 22, leave out subsection (6) and insert—

“(6) The Secretary of State must introduce a standard template for ethical conduct of conduct for completion by public authorities which satisfies the requirements in this section and which may be added to by public authorities to include information specific to their organisation or function.”

This amendment would require the Secretary of State to introduce standard template to ensure a consistent and high standard approach to completion of code of ethical conduct documentation across public authorities.

Public Office (Accountability) Bill (Second sitting)

Debate between Ian Byrne and Tessa Munt

Committee stage
Thursday 27th November 2025 Public Bill Committees

[Tessa Munt]

You have already referred to the Public Interest Disclosure Act 1998, the fact that that puts whistleblowing into the framework of an employment law issue, and the fact that it does not protect against retaliation. The focus then is on a whistleblower proving that they are deliberately being acted against, as opposed to on the wrongdoing done by the organisation in the first place; when they come out of the employment tribunal, they are then very often blacklisted and cannot work again.

Do you feel that the Bill provides enough anti-corruption effort to ensure that, in particular, we could have prevented the Post Office scandal? As I understand it, 47,000 cases are waiting in the employment tribunal at the moment—that is the current backlog. Once this legislation comes into play, my sense is that that 47,000 will escalate beyond belief, but I will leave that with you. Does the Bill go some way to sorting this out?

James Killen: The short answer is no. What strikes me most in the Bill is that it makes the duty of candour an individual thing, and focuses very much on the corruption that goes on at the level of the chief execs. In my mind, and certainly having listened to the health people earlier, the majority of duty holders will be people who are on the minimum wage and potentially part time—what I would class as vulnerable duty holders. Those people are going to be placed in the situation of having to choose between a potential criminal sanction for not exercising their duty of candour and speaking out against a corrupt boss who will potentially pull all the levers they have in the business to destroy their career. They are going to choose between their careers and families or a potential criminal sanction.

For me, the largest omission in this Bill is that there is no form of criminal sanction for interfering in another person’s duty of candour. Culture and so on was talked about a lot earlier, and there is something there—I agree with everything that has been said about the idea of an office for the whistleblower, because I think that would take all of this away, but, if we are speaking about maybe a 60% or 80% solution, some sort of clause in the Bill that gives a criminal sanction to other people within an organisation for interfering with somebody else’s duty would be key.

[Ian Byrne]

Q We are here today for the journey of legislation to stop the culture of state cover-ups in this country. Certainly at the heart of the state cover-up of Hillsborough was the media and the role it played. There was a hugely powerful headline in The Sun by the dreaded Kelvin Mackenzie—“The Truth”—which resonated around the world, shaped the narrative and did so much damage to our ability to get truth, justice and accountability. I have a simple question for Nathan and Jacqui: are there any areas you would both like the Bill to go further with, and if so, where?

Nathan Sparkes: As you point out, there was a phenomenon of police officers briefing The Sun newspaper after the Hillsborough disaster, which was a huge part of the cover-up. Police officers were not the only public officials involved in that; the local MP was, and there is a disputed allegation that a representative of the Thatcher Government was as well. There was a huge amount of public official impropriety in that media cover-up operation. Unfortunately, that is not the only case; after Orgreave, similarly, there was a cover-up perpetrated between public officials and the media.

The history of the phone hacking scandal is a 15 to 20-year series of occasions where overwhelming evidence of criminal activity being carried out on behalf of News UK was presented to the Metropolitan police force, and every time it failed to properly investigate until it absolutely had to. That was during a period where a succession of Metropolitan Commissioners enjoyed excessively close relationships with News UK; it included a time where even an editor for News UK was hired by the Met, and there were records of eight dinners between heads of the Met and News UK editors over that period.

In more recent years, there are allegations that police fed information about the victims of the Manchester bombing to the media. Christine Flack, the mother of the late television presenter Caroline Flack, believes that police were briefing the media in relation to her case. Mazher Mahmood was a News UK reporter, and there is an allegation in a recently published book that the Met protected him from prosecution and exposure during the noughties on account of the closeness of that relationship.

I could give many more examples—I will not sit down and list them all—but the point is that there is a specific and persistent issue with corrupt relationships between public officials and the media. Our concern about this Bill is that it does not have anything substantive to address that. The long title of the Bill is very clear; it will

“require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority”.

Our submission your Committee is that the Bill cannot achieve that unless it also addresses the specific phenomenon of corrupt relationships. Our proposal is that the best way of dealing of that is with a public inquiry.

Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Debate between Ian Byrne and Tessa Munt

Wednesday 3rd September 2025 Westminster Hall

[Ian Byrne]

My hon. Friend is spot on.

The second aspect of the Hillsborough law would put that new legal principle of truth into practical use by requiring public authorities, public servants and corporations proactively to assist investigations, inquests and inquiries, and providing a legal toolkit to help families and others to make them comply.

[Tessa Munt (Wells and Mendip Hills) (LD)]

I wish to make it really clear that I am vice-chair of WhistleblowersUK, a non-profit-making organisation set up to protect whistleblowers. Nothing should slow down the promised Bill, and it is essential that those who hold public office are held fully accountable. If we are to prevent the now constant stream of scandals that blight so many innocent lives, we must not overlook the fact that the people involved in Hillsborough and every similar scandal speak up, but the system lets them down. Will the Minister address directly the fact that, as part of the important new Hillsborough law, the Government should commit to protect those who exercise their duty of candour from retaliation by also committing to the introduction of an office of the whistleblower?