Public Office (Accountability) Bill

Justin Madders Excerpts

2nd reading
Monday 3rd November 2025 Commons Chamber

[Justin Madders (Ellesmere Port and Bromborough) (Lab)]

It is a privilege to be here today debating a Bill that has been decades in the making. Before I begin, I want to join those who have already spoken in paying tribute to the tireless campaigning of the Hillsborough survivors and those who lost loved ones in the disaster. They have been through an unimaginable ordeal spanning decades, but throughout they have shown remarkable courage, dedication and tenacity to deliver justice for their loved ones. Even after the truth about the tragedy emerged, the families have not stopped campaigning. They have long called for a systemic change to prevent anything like this from happening again. We as a country owe a great debt of gratitude to their efforts, because without them we would not be debating this Bill today. As someone who grew up in a part of the world that has lived under the shadow of Hillsborough, I know how much this means to my constituents, and not least to the families of those that have lost loved ones, so I am proud that we have acted on the pledge that we made to implement this law.

The Bill addresses the key problems that we have identified time and again. How will we ultimately judge whether the Bill is a success? Two words: never again. That is the standard against which the Bill must be held. Never again should victims be wrongly blamed by the state for their deaths. Never again can we allow public bodies that are meant to protect us to lie in order to protect their own reputations. Never again must ordinary people fight tooth and nail against the seemingly endless resources of the state just to get to the truth.

As we have heard, Hillsborough is by far not the only example of the scandals and cover-ups that have emerged in recent years. The well-rehearsed list gets longer every year, and it includes infected blood, the Post Office, Grenfell, nuclear test veterans and many others that we have debated in this place. The test is that we do not add to that list, and that when tragedy strikes again and serious mistakes are made, truth and accountability are on display immediately. Let us be clear, legislation is only the starting point for this. As the Prime Minister said, a culture change is also required.

Establishing a legal duty of candour that requires bodies to act proactively, promptly and with full disclosure to assist inquiries, inquests and other investigations is a huge step forward, but it has to be delivered in practice, and that is the real challenge that we face. All too often—we have seen it in this place, have we not?—institutions act defensively, obfuscate and focus on protecting themselves when placed under scrutiny. With the guidance provided by codes of ethics and the threat of criminal sanctions, bodies and those working inside them should be forced to refocus and to put the public and their safety as their No. 1 priority, not to lie, and to actively support investigations and inquiries. That is what the public expect institutions to be doing already. While it should never have been required, this Bill will enshrine that basic principle into law at long last.

As we have seen in the NHS, however, that is easier said than done. It is nearly 10 years since the freedom to speak up guardians were introduced, but from what I can observe, there is still a long way to go to ensure that the good intentions behind that initiative are truly embraced across the board. Only in the past week I have been contacted by several people currently working in the NHS who believe that their concerns have not been listened to, or that they have been on the end of mistreatment because they have spoken out. Legislation is one thing, but culture is another, and I would suggest that changing the culture is something that needs leadership and buy-in from every single person across every single part of every single organisation.

I want to say something about equality before the law. Victims must no longer be browbeaten by lawyers in their quest for the truth, but I have some concerns about how that will work in practice, because when a public body is looking at something serious under this Bill, which it inevitably will, it will want the most senior representation it can get. If a public body can afford hundreds of pounds an hour for its lawyers, it will instruct them, but such fees will clearly be well in excess of existing legal aid rates. In that scenario, who is going to tell the public body that it has to choose cheaper lawyers? How will true equality before the law be achieved, especially if authorities only have to “have regard” to these principles? We need an overarching, independent way of monitoring this and of ensuring that recommendations from inquests and inquiries are effectively publicised and their implementation is monitored and delivered, ideally with progress reports to this place.

[Richard Foord (Honiton and Sidmouth) (LD)]

Clause 6 relates to the intelligence agencies, and there is an exemption for those who handle material that falls within the definition of security and intelligence. Our constituents will want to be certain that these organisations have oversight, so would the hon. Gentleman agree that this could be an additional power for the Intelligence and Security Committee?

[Justin Madders]

That is an interesting suggestion. I think a lot of Members are concerned about how this will relate to the security services, because we have had many examples in the past of where they have done things that we would rather had not happened. I hope that, as the Bill progresses, there will be some good dialogue about an appropriate way to deal with those difficult balances that have to be achieved.

I also want to raise a couple of concerns about clause 11 and the offence of misleading the public. The requirement for there to be “harm” to a victim could significantly reduce its effectiveness, which aims to deter cover-ups and obfuscation. In addition, part 2 of the Bill goes on to define who is included within the definition of a public body, and it specifically excludes the devolved bodies and both Houses of Parliament. I know that is because of the long-standing convention that Parliaments deal with their own affairs, but I am concerned that this sends out a negative message about our responsibilities in this matter. Parliament has in the past allowed other bodies to become involved in the way it does business with, for example with the Independent Complaints and Grievance Scheme, so there is precedent there for us to look at that again.

We should all be treated equally before the law. When trust and confidence in our institutions are at an all-time low, it is hard to underestimate the impact of the changes this Bill can deliver, but it should apply to everyone equally. Repeated examples of scandal and state cover-up are corrosive to trust and only serve those who want to sow division, so we have to get this right. This moment can mark a stark change in the way we deal with these issues, but we have to deliver it. Once it becomes law, we have to be consistent and vigilant to ensure that the Bill’s good intentions are delivered. That will mean a profound cultural shift. Hopefully the Bill will restore trust in our democracy and our institutions, so that when in future we say that something should never happen again, we can be confident that it will not.

Public Office (Accountability) Bill (Carry-over)

Justin Madders Excerpts

Carry-over motion
Monday 27th April 2026 Commons Chamber

[Justin Madders (Ellesmere Port and Bromborough) (Lab)]

I start by thanking the Minister for her hard work and dedication in trying to get this Bill right. She has worked tirelessly to ensure that the voices of the campaigners have been heard and are reflected in the final provisions, and I know that she will continue to do so when the Bill returns in the next parliamentary Session.

It is important that we are debating this motion today. We certainly did not want to find ourselves three months down the road with no discernible signs of resolution after Report stage was pulled at very short notice. But this motion is necessary to deliver on the promise. This Bill is too important to fail—too important for the families and too important for the necessary rewiring of the state. We could not have let that happen, so I am glad that we will agree this carry-over motion today. The Bill will, after all, deliver on one of the most radical commitments in our manifesto, but, most importantly, it is a promise that we have made to the Hillsborough families—a promise that needs to be honoured—and they have shown remarkable courage, dedication and tenacity to campaign for justice for their loved ones. It has taken decades to get to this point, and it must be beyond frustrating for the families to be so near yet so far from resolution.

The final details are crucial, and it is very important that we get them right so that we can deliver a law that passes the critical test: that victims are never again wrongly blamed by the state for their deaths; that never again ordinary people have to fight tooth and nail against the seemingly endless resources of the state just to get to the truth; and that we never allow public bodies to use the power of the state to obfuscate and lie in order to protect their own reputations.

Getting that balance right is absolutely critical to the Bill’s success, and it does meet most of the aims that have been set out, so it is disappointing that there are still a couple of key points of difference between campaigners and various parts of Government on matters, as we have heard, related to security services disclosures. I have been proud to support amendments tabled by my hon. Friends here today that provide what I hoped was a workable solution. I was also concerned to hear in a recent message from campaigners that officials are now attempting to reopen issues that they had thought had been resolved. So let us be clear: this House will not accept any backsliding on issues that we have already agreed and voted on.

The Bill’s progression does at times feel glacial, and although we all agree it was right for the Government to go away and strengthen the Bill and ensure that they get it right, rather than pass something that did not have the families’ support, we can all see how each and every day is testing for them. I have to say that is not helped by regular briefings to the press about the reason for the delay being this person or that person, or this Department or that Department. The Bill is too important for Westminster gossip and games.

I would therefore welcome any assurances that the Minister can give today on timescales. I would be grateful if she could indicate whether, as I hope, we can see the Report stage within a matter of weeks of the state opening of Parliament next month, because if we are not careful, we will drag on to the summer recess, and before we know it another six months will have passed. I know that she has never stopped trying to get this Bill over the line, and she has our support to try and find workable solutions, but we really do have to find a way forward sooner rather than later.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrats spokesperson.

Public Office (Accountability) Bill

Justin Madders Excerpts

Report stage & 3rd reading
Tuesday 14th July 2026 Commons Chamber

[Seamus Logan (Aberdeenshire North and Moray East) (SNP)]

I rise to speak as a member of the Bill Committee and principally in support of amendment 20 in my name, which seeks to provide a necessary layer of democratic parliamentary scrutiny of the actions of the intelligence services.

I listened very carefully to what the members of the ISC present—the hon. Member for Widnes and Halewood (Derek Twigg) and the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright)—had to say. Ultimately, behind my amendment was the fact that democratic accountability does not lie with a High Court or with the head of an intelligence service, but here, with us. We are where the buck of democratic accountability stops. That is why I gave prominence to the ISC in my amendment.

Before turning to my amendment, I must acknowledge the work of the Hillsborough families and their supporters for their courage, tenacity and determination over the past 37 years, which has brought us to this point today. We in the SNP and the Scottish Government fully support the aims and objectives of this legislation so that never again will people face lies, injustice and wilful cover-ups by public bodies without accountability under the law. That is why tonight, with the exception of new clause 3, which we will support, we will vote with the Government in support of this legislation.

That said, I cannot let today pass without making some reference to the fact that, considering the long journey that we have been on—considering the meetings; considering the way in which the Bill Committee was forced to truncate its work into a very limited period; considering the negotiations that followed; considering the pulling of the Bill, the series of amendments and the counter-proposals—the indecent haste of the Government these past 24 hours to push this legislation through is actively working against proper parliamentary scrutiny. That is my view.

Amendment 20 has not been selected for a vote tonight. The intent of the amendment, which is supported by Members from a wide range of parties across the House, was to ensure that we here in Parliament, who are elected by the people, would, through the Intelligence and Security Committee of the House, have had oversight of any decision by the head of an intelligence service to hide information from public scrutiny under the cover of national security.

I have concerns not about the Bill’s use today but about the possibility that a future right-wing Government of this country—perhaps even a far-right Government—might use this legislation as it currently stands to escape the scrutiny that we all seek and support. It is not scaremongering to say that. We should learn the lessons of history. I have seen in my own lifetime, in the land of my birth, how information can be hidden in the name of national security when in fact the interest is not that of the nation but of the Government of the day. That is why I believed that amendment 20 was important, and I am glad to say that 24 MPs from across the House agreed with me.

Before I conclude, I have to make reference to something that the Minister said earlier. She talked about stress-testing elements of the Bill and said that a full timetable would be brought forward in due course. It sounded to me as if, even if the Bill passes through all its final stages, some of these elements will still be subject to a future timescale. Perhaps she might address that point in her closing remarks.

The only other thing I want to say before I finish is the old French saying, “plus ça change, plus c’est la même chose”. We need to be careful about the implementation of this law, so that we do not see the repeat of these mistakes at some point in the future.

In conclusion, I reiterate our support for this legislation. I commend the work of the many determined and tenacious individuals who have brought us to this point, not least the Hillsborough families, who suffered the terrible loss of their loved ones and the industrial-scale cover-up that followed. Today is about them and everyone who will benefit from their efforts.

[Justin Madders (Ellesmere Port and Bromborough) (Lab)]

It is very welcome to see this Bill back in the Commons to complete its final stages, even though we all expected to see it on the statute book by now. While I understand why there have been frustrations and concerns about the last-minute nature of the Bill’s reintroduction, it is important that we do not let process take precedence over substance.

Fundamentally, in this debate we are considering amendments to the Bill, so it is important that we address those, but I think we should start as we always should: by recognising the unwavering determination that the Hillsborough families and campaigners have shown to this point. We should continue to recognise that they have fought so hard over decades not just to get the truth and justice for their loved ones but to bring about a structural change in the way that the state operates to ensure that public interest is paramount and is not placed behind institutional reputation.

I am delighted to see that the Government have found a way through the problems that halted the Bill’s progression earlier this year. I know that it will bring my constituents great relief that we have found a way to amend the Bill to deliver on the commitment that we made to the Hillsborough families. I welcome the amendments that the Government have put forward. The fact that they have been welcomed by the Hillsborough Law Now campaign is testament to the hard work that has been put in by so many people to get this Bill to the right place. I thank the campaigners, the Minister and the former Minister—my hon. Friend the Member for Pontypridd (Alex Davies-Jones)—and my many hon. Friends, many of whom have spoken today, who have worked closely with the Government to get the legislation to where it is today.

When this Bill was introduced, I said to the House that the standard against which it must be held is “Never again”. It is clear that in most areas the Bill had already met that standard, as it was welcomed by campaigners, but it is clear that there were still concerns about the way that the Bill treated members of the security services and the potential for them to be absolved of the duty of candour.

That is particularly important given the concerns raised by victims’ families in the aftermath of the Manchester Arena bombing about the security services not providing an accurate picture of the key intelligence they held on the bomber. Not including those officers would weaken the Bill’s central duty of candour. The Government amendments, if accepted by the House, will ensure that the security services will no longer be exempt from the duty. However, being bound by that duty, it is necessary that there are safeguards to ensure that secret and sensitive material is handled securely and that the safety of individuals working at those authorities is protected. That is an important balance to strike as it will ensure accountability and transparency in investigations while not compromising national security.

I am grateful to the Minister for explaining in detail how the amendments will work in her opening comments. However, when she winds up the debate, will she explain a little more about how amendment 157 will operate in practice—particularly the application of subsection (2G)—and who comes within the ambit of representations that will be made to the Minister?

Many concerns have been expressed both publicly and privately about how this duty might impact the workings of the security services, but I do not think for a minute that any Member in the Chamber would want to pass legislation that would, by accident or design, risk national security. I am delighted that we have found a formula that assures most hon. Members that that balance has been struck.

There have also been concerns about how the duty will impact relations with countries with whom we share information, but I took particular heart from the evidence that Pete Weatherby gave to the Bill Committee. I add my thanks to him for his work on the Bill. He said:

“The more candid that we can make this, the better the relationship with international partners.”––[Official Report, Public Office (Accountability) Public Bill Committee, 27 November 2025; c. 9, Q9.]

I found that a helpful way to look at things.

More than anything, the Bill will set new expectations for what it means to be a public servant. The vast majority of those working in our state institutions will not require the provisions of this legislation—they are already acting in this manner—but the Bill makes it clear that the duty of candour is not an optional extra; it is a core tenet of public service. Too often in the past, we have seen institutions forming a ring around people, more interested in their own reputations than in finding the truth and acting in the public interest. As we know, the Hillsborough independent panel found that 100 statements made by junior police officers had been deliberately altered by South Yorkshire police. That is as clear an example as there can be of institutional cover-up and a festering culture that we must never see again.

We have seen that culture far too often, as hon. Members have referred to: in Grenfell, Manchester Arena, the Post Office Horizon scandal, contaminated blood, Windrush, Cammell Laird, Orgreave, the Shrewsbury campaign and many others. We have all recognised in those scandals the similar patterns of institutional defensiveness, delayed disclosure and an inequality of arms. The Bill will end that pattern and culture once and for all. As the right hon. Member for Godalming and Ash (Sir Jeremy Hunt) reminded us, the law does not change things—it is the culture that needs to change—but the law gives us the basis on which we will see that change.

As hon. Members have recognised, it is incumbent on us to ensure that once the Bill gets on the statute book, it does not stay static. We must regularly ensure that it is working as intended. As my right hon. Friend the Member for Liverpool Garston (Maria Eagle) said, there is more work to do, particularly on how it works in practice. I am concerned that the legal aid provisions may not mean that we get parity of arms in reality, but let us welcome where we are, because I believe that the Hillsborough families have waited far too long to see justice.

On days like today, I think in particular about the families of Christopher Edwards, James Delaney and Jimmy Hennessy, who left Ellesmere Port on 15 April 1989 to watch a game of football and never returned. We remember all those who died and we repeat our vow: never again.

[Freddie van Mierlo (Henley and Thame) (LD)]

I start by paying tribute to the victims and survivors who have got us to this point, and to the many hon. Members across the House who have shared personal testimonies and those of their constituents from many different disasters, including Hillsborough.

If the House will allow me, I will change the context of the debate a tiny bit and talk about amendment 149, tabled in my name, which seeks to include water companies in the scope of the code of conduct and duty of candour.The amendment has been sponsored by 33 Members from across the House. Under the Bill, privately owned water companies do not have to follow the same code of conduct as publicly owned water companies in Scotland or Northern Ireland, which is absurd. Although privately owned water companies operate under the Water Industry Act 1991 and are designated as statutory undertakers, they exercise public functions of fundamental importance to health, the environment and daily life; they hold exclusive regional monopolies, meaning that consumers have no alternative provider; and they benefit from statutory powers and privileges normally associated with public authorities.