Keir Starmer
Main Page: Keir Starmer (Labour - Holborn and St Pancras)Department Debates - View all Keir Starmer's debates with the Cabinet Office
(1 day, 21 hours ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
Before I come to the Bill, I put on record in this House my own tribute to the police, to the first responders and in particular to the heroic actions of the driver and members of staff on board the Doncaster to London train, where such a vile and horrific attack took place this weekend. We all share in the revulsion at this shocking incident, but there is no doubt that their collective action—their brave action—saved countless lives. I know that the whole country is grateful for that.
Thirty-six years ago, 97 men, women and children went to a Liverpool football match in Sheffield—it was an FA cup semi-final, an occasion of joy—and they never came home to their families. I invite the House just to reflect on that simple statement of fact and what that might feel like.
Nearly 15 years ago, when I was the Director of Public Prosecutions, I met many of the Hillsborough families during the independent panel led by Bishop James Jones. I will never forget what they told me in their testimony—painful to tell, painful to hear. It included the testimony of Jenni Hicks, who told me how she and her husband drove their two teenage girls to the game that day. They had to drive back later with an empty back seat. Every single story, every single experience is painful to the core—unimaginable to the core.
So before I come to the contents of the Bill, I want to begin this debate with a simple acknowledgment, long overdue, that the British state failed the families and victims of Hillsborough to an almost inhuman level. But those victims and their families—their strength, their courage, their refusal to give up; and their determination, no matter what was thrown at them, to fight for people they will never know or meet, to make sure that they never go through something like this again—they are the reason why we stand here today with this Bill, they are the reason why it will be known as the Hillsborough law, and they are the reason why we say clearly again what should have been said immediately: that their loved ones were unlawfully killed and that they never bore any responsibility for what happened in Sheffield that day, and we say it from this Dispatch Box today because the entire country knows what happened next.
We often call Hillsborough a tragedy, but it is more than a tragedy, because the disaster was not down to chance—it was not an accident; it was an injustice. And then further injustice was piled on top when the state subjected those families to enduring, from the police, lies and smears against their loved ones, while the central state, the Government, aided and abetted them for years and years and years. It was a cover-up by the very institutions that are supposed to protect and to serve, and it is nothing less than a stain on the modern history of this country.
And yet, can we truly say that Hillsborough was an isolated example? No, because there are also the Horizon scandal, Grenfell Tower, infected blood, the grooming gangs, Windrush, and more besides. We should also be blunt about the fact that there is a pattern common to all these scandals: time and again, the British state struggles to recognise injustice because of who the victims are—because they are working class, because they are black, because they are women and girls. That is the injustice that this Bill seeks to correct, and I hope that it commands the support of the whole House.
Does my right hon. and learned Friend agree that a couple of things are missing from this otherwise excellent Bill? The first is an acknowledgment of the role that the media played in covering up many of the wrongs that happened, and the second is a national oversight mechanism which would ensure that when recommendations are made, they are carried out.
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?
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.
I will make some progress, but I will take further interventions later.
Let me now turn to the Bill itself, and first of all to the duty of candour. There are three parts to this, and the first is a new statutory duty of candour. At the Hillsborough independent panel, Bishop James Jones found that over 100 statements made by junior police officers had been deliberately altered to remove evidence unfavourable to South Yorkshire police—100 statements had been deliberately altered. I do not think there is anyone in this House who could possibly disagree that we must never let anything like that happen again. It is a disgrace, and the Bill before the House will tackle it.
I commend the Prime Minister and the Government for bringing this Bill forward. I think it heartens us all to see its contents. Does the Prime Minister not agree that, with the rise of social media, there is more public scrutiny than ever before and less trust in our institutions? As he has outlined, the Bill is an opportunity to begin that journey of restoring public trust, but we must be mindful that nothing less than accountability can be acceptable. The public understand that mistakes can be made, but they cannot and should not forget when cover-ups take place.
I thank the hon. Gentleman for his intervention. The Bill includes legal provisions to ensure that this can never happen again as a matter of law, but I have been clear—I have said this to the families on a number of occasions—that it is also the culture that has to change. The Bill is the architecture, but the culture of the state has to change.
Anneliese Midgley (Knowsley) (Lab)
Charlotte Hennessy, whose father Jimmy Hennessy was unlawfully killed at Hillsborough, has had conversations with the Prime Minister in which he has assured her that the law does not need to be watered down and will be delivered in its entirety. She is in the Chamber today. Will he make that promise in this House today?
Absolutely. I looked the families in the eye and made that promise, and I meant it. I say it again from this Dispatch Box: this Bill will not be watered down. This is such an important re-orchestrating of the relationship between the state and its citizens. It will not be watered down. I am very pleased to be able to affirm that from this Dispatch Box.
Ayoub Khan
I thank the Prime Minister for giving way. Does he agree that one of the most powerful lessons from Hillsborough, and indeed from the Grenfell Tower and Post Office scandals, is that truth delayed is justice denied? And does he agree that, while this Bill rightly places a duty of candour upon public authorities, it must also compel Ministers themselves to uphold that same duty when addressing this House, so that accountability begins at the very top? That includes the misleading information that was given from that Dispatch Box by his Minister last week in relation to the hooligan Maccabi Tel Aviv fans.
I really think that, with the Hillsborough families here in the House with us—
Order. I was trying to pay close attention, but I may have missed it; we do not accuse each other of giving misleading information at the Dispatch Box. One should be mindful of the language that one is uses.
Thank you, Madam Deputy Speaker. I also think that we owe the families a better debate than this descending into party political point scoring. I hope we can continue the debate in that way.
This Bill will tackle that injustice so that when tragedy strikes and the state is called to account, in inquiries, inquests and other investigations, public officials—from police officers to the highest offices in the land—will be subject to that duty. That means that an injustice like this can never again hide in some dark corner of the state. Failure to comply—failure, therefore, to act with candour, transparency and frankness—will now carry criminal penalties, including being sent to prison.
As a sponsor of the private Member’s Bill tabled by the hon. Member for Liverpool West Derby (Ian Byrne), I fully welcome this Bill’s introduction, and I welcome that the protections include criminal offences of misconduct in public life. Can the Prime Minister assure me and others that those new offences will be able to be applied retrospectively?
No, they will not be able to, but that is not a deficiency of this Bill; it is a long-standing constitutional rule. This will be about offences moving forward. But I will just make the point—because I do think it is important—that these measures will apply across the United Kingdom, and I would like to place on record my thanks to the devolved Governments for their collaboration on this.
I can also announce that the Government intend to bring forward an amendment to extend this duty to local authority investigations in England, which will make sure that when an inquiry or investigation is set up by a local authority—for example, the Kerslake inquiry into the Manchester Arena bombings—there can also be that duty of co-operation and candour in the search for the truth.
I recognise the strength of the case that the Prime Minister is making. He will understand the interest that the Intelligence and Security Committee has in clause 6 of the Bill, which provides for certain exemptions for those who work for the intelligence agencies. It then says that those people should report internally within their organisation any information that may be of use to an inquiry or investigation. Will he give some thought to how the Government might develop a concept of what then happens to that information, about which the Bill is broadly silent? He will understand that many will be concerned to ensure that when information is reported internally within the intelligence agencies, it none the less finds its way to those who should have it, in order to give reassurance about what the Government are seeking to achieve more broadly in this Bill.
Obviously, a lot of thought has been given to the particular issue of the security and intelligence services. The Bill is clear that the duty applies, but has a different way of applying it. I think that gets the balance right, and obviously there are various national and public interests to protect in so doing.
I congratulate the Prime Minister and thank him for bringing forward this Bill, which represents an epic struggle by the Hillsborough families, who are to be much admired and praised, but this will extend beyond Hillsborough, as the Prime Minister has said. I thank him on behalf of the families of Christie Harnett, Nadia Sharif and Emily Moore, who suffered great loss under the auspices of the Tees, Esk and Wear Valleys NHS foundation trust, which lacked a duty of candour when those terrible tragedies struck. I hope that he can give consideration to a full, judge-led public inquiry, because the families are in search of truth, justice and accountability.
To reassure my hon. Friend, the House, the families and all others affected by such scandals, these are clauses in a Bill that will soon be sections in a piece of legislation, but they are more than that: they change the nature of the relationship between the state and its duties to its people. That is so important. Yes, this Bill is the legal architecture, but something much bigger than this has to be put in place.
I will take the hon. Lady’s intervention, then I will come to my right hon. Friend.
Tessa Munt
I welcome this Bill. Will the Prime Minister reassure me and my constituents that organisations that are contractors for public authorities and public bodies will also be covered the provisions of the Bill? It is important that where responsibilities are deferred to other bodies, they too are captured by the clauses in this Bill.
The hon. Lady anticipates my next point, which I will make before taking an intervention from my right hon. Friend the Member for Liverpool Garston (Maria Eagle). We have to recognise that in some scandals, such as the Post Office Horizon scandal, the boundaries between the public sector and the private sector are complicated. In answer to the hon. Lady’s question, clause 4 of this Bill applies the duty to some private bodies, particularly those delivering public functions and those with relevant health and safety responsibilities, as well as relevant public sector contractors—in the Post Office case, Fujitsu—for that very reason. We have to recognise that the boundaries are blurred, and we need to make sure that the duty extends appropriately.
The Prime Minister knows that, for over two decades, the legal system failed to provide truth and justice to the Hillsborough families, and it was only a non-legal process—the Hillsborough independent panel—that finally set things right on the road to truth, justice and accountability. Does he see any prospect, therefore, that we will include in the legislation at a later stage provision to ensure that a Hillsborough independent panel-type process can be offered to families involved in future disasters, to try to circumvent the long-standing failure of the criminal justice system to offer truth and accountability to families quickly?
I thank my right hon. Friend for her work and campaigning on this issue over many years. She makes a powerful point about the independent panel. I first met Bishop James Jones 15-plus years ago now, and I genuinely think he was among the first to listen properly—knowing what listening means—to those who were giving evidence to his panel, which is why the report that he made was so well received and respected. We will certainly give consideration to whether panels like that can serve a useful purpose in future.
The Prime Minister is being very generous in taking all our questions. I congratulate him on introducing this Bill, but can the duty of candour be applied fully to all investigations, including independent panels, and not just statutory inquiries? Does he agree that the command responsibility must rest personally with those in charge, not simply with the institution?
This does apply to non-statutory inquiries, so my hon. Friend’s point is covered in the Bill. I will press on.
The second part of the duty of candour is a professional duty of candour for all public servants, because the Nolan principles of public service—honesty, integrity, accountability, selflessness, objectivity, openness and leadership—are not some kind of optional extra, but the very essence of public service itself. Every public authority will now be legally required to adopt a code of ethical conduct based on those principles, and to set out consequences for staff who do not comply, including disciplinary sanctions up to and including gross misconduct.
Rosie Wrighting (Kettering) (Lab)
The Bill is a huge step forward for accountability and transparency for families who face what must feel like the most impossible of circumstances. Some families living in my constituency and the neighbouring constituency of Corby are still trying to get clarity about the possibility that dumped toxic waste and contaminated land have caused health complications. Could the Prime Minister spell out how the Bill will ensure that any public official who abuses their power and tries to cover it up will be held accountable?
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.
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.
I join others across this House in welcoming this important Bill, and I welcome and align myself with all the points the Prime Minister has made. Will he join me in paying tribute to my hon. Friend the Member for Liverpool West Derby (Ian Byrne) for his tireless campaigning to push for this law to reach the statute book? The Prime Minister is absolutely right that grieving families have faced the might of the state alone, and were forced to crowdfund lawyers while public bodies hired whole legal armies. Does he agree that, by guaranteeing legal aid at inquests, we can finally end those David and Goliath battles for justice once and for all?
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.
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.
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?
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.