Public Office (Accountability) Bill

Jim Allister Excerpts

2nd reading
Monday 3rd November 2025 Commons Chamber

[The Prime Minister]

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.

[Jim Allister (North Antrim) (TUV)]

The Prime Minister has listed a litany of scandals where there have been cover-ups. Will he reflect on including the Chinook disaster, in respect of which there have been repeated attempts to cover up the truth—the state of the aircraft that was sent out that night, in which we lost so many valued members of our intelligence service? Is that not a wrong that now needs to be righted?

[The Prime Minister]

I thank the hon. and learned Gentleman for raising that. This Bill is obviously intended to deal with all the situations in which there needs to be a duty of candour, with consequences if that is not adhered to.

--- Later in debate ---

[Jim Allister (North Antrim) (TUV)]

In welcoming this Bill, I am very mindful of the tenacity and courage of the campaigners who got us to this point, both outside and inside this House. They can take some comfort from this Bill today. I trust that it is a Bill that will live up to its promise. As I mentioned in my intervention on the Prime Minister, I trust that it will bring justice to the Chinook families, for example, who have been treated to serial cover-ups in respect of that appalling incident.

However, there are issues with the Bill that I want to probe. It declares in its very first clause that:

“The purpose of this Act is to ensure that public authorities and public officials at all times perform their functions…(a) with candour, transparency and frankness, and (b) in the public interest”.

But will it be at all times? We discover in the Bill that the only criminal sanction applies to those who do not show candour, transparency and frankness to a public inquiry or a public investigation. In many such cases, there would already be the threat of perjury, so where is the commitment to ensure that there is candour at all times?

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

rose—

[Jim Allister]

If the Minister wants to make an intervention, I am quite happy to take it.

[Alex Davies-Jones]

I welcome the hon. and learned Gentleman’s comments, but the Bill literally says that there is a duty of candour “at all times”.

[Jim Allister]

It does, and then it goes on to tell us in clause 1(2) how it imposes that duty. There are five ways in which it does so. The first is by

“imposing a duty on public authorities and public officials to act with candour, transparency and frankness in their dealings with inquiries and investigations and imposing criminal liability for breach of that duty”.

That is the only criminal liability that would arise from a breach of the duty of candour. The second way is by imposing an ethical code on public authorities. No criminal offence is committed if someone breaches that ethical code—none whatsoever. The third, fourth and fifth ways, in paragraphs (c), (d) and (e), are by

“imposing criminal liability on public authorities and public officials who mislead the public in ways that are seriously improper”,

by

“imposing criminal liability for seriously improper acts by individuals holding public office and for breaches of duties to prevent death or serious injury”,

and by

“making provision about parity at inquiries”

about legal aid.

The Prime Minister told us that the Bill would apply across the whole United Kingdom, but sadly it does not. Clause 24, the extent clause, makes it plain that the last three paragraphs of clause 1, which I have just read out, do not apply to Northern Ireland or to Scotland. The Bill in its entirety applies only to England and Wales, meaning that clause 11, for example—which is an important clause, because it does create a criminal offence, that of misleading the public—does not apply anywhere other than in England and Wales. Why should that be? Why is this Bill not drafted in such a way that those clauses apply to the whole United Kingdom, after which the Assemblies of Scotland and Northern Ireland can deploy the mechanism of legislative consent?

[Patricia Ferguson (Glasgow West) (Lab)]

The hon. and learned Member may or may not be aware that in order for those sections to apply across the UK, the Scottish Government would have to agree to a Sewel motion—a legislative consent motion—that would allow this place to legislate for Scotland. Justice is devolved to the Scottish Parliament—it has been since the Act of Union and before. That is something that is valued, so there would have to be that agreement. It is not something that can be laid at the feet of this Minister.

[Jim Allister]

That is exactly what I said. Why does clause 11 not apply to the whole United Kingdom on the basis of a legislative consent motion? Such a motion could be sought from Stormont and from Edinburgh, and in that means we could have uniformity across the United Kingdom. That is the mechanism for doing it, but the starting point is to make the clause applicable across the United Kingdom, and then to have the legislative consent motion that would enable it to be enforced. That is how Parliament works with the devolved institutions. [Interruption.] Members can shake their heads as much as they like, but I was a Member of a devolved institution and know that that is how it works—that emphatically is how it works.

[Patricia Ferguson]

The hon. and learned Member was a Member in Stormont. I was a Member of the Holyrood Parliament, where I was also the Minister for Parliamentary Business for three and a half years. It was my responsibility to take through legislation in that Parliament and to oversee the Sewel convention, and I can assure him that that is not how it happened.

[Jim Allister]

I disagree. Many, many times in the Stormont Assembly, Bills that were passing through this House, which included measures such as new criminal offences, were subject to a legislative consent motion. That then gave consent to proceed, and that mechanism could equally be used here. My question to the House is this: if this Bill is delivering the duty of candour by the five steps set out in clause 1(2), how can it do that for the whole United Kingdom if three of those steps do not apply throughout the United Kingdom?

[Alex Davies-Jones]

This is not a debate about the constitution; it is a debate about the duty of candour. I agree with the hon. and learned Member that the intention is for all nations in the United Kingdom to be bound by this legislation. However, he will be fully aware of the devolved competencies for Scotland and Northern Ireland in this case. We are having positive engagement with both nations, and that is the intention of the Bill. I just remind him to perhaps bring the debate back to exactly what this Bill is about, with the families in the Gallery today.

[Jim Allister]

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]

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]

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.

[Paula Barker]

Will the hon. and learned Member give way?

[Jim Allister]

I would give way, if I had not run out of time. I say to the Government, yes, let us go forward with this Bill, but let us make it a better Bill that gives the same rights across this United Kingdom.