Hillsborough: Collapse of Trials

Lord Marks of Henley-on-Thames Excerpts

Monday 14th June 2021 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, Mr Justice Davis held that the offence of perverting the course of justice did not apply to a public inquiry, because it is an administrative function of the Government rather than a process of public justice. If that is the current state of the law, even given the specific offence under the 2005 Act mentioned by the Lord Chancellor, will that not undermine the whole point of public inquiries and destroy public confidence in them? Will the Government urgently amend the Inquiries Act to reverse this decision, particularly in view of the impending inquiry into the handling of the pandemic, where we know there will be significant conflicts of evidence?

[Lord Wolfson of Tredegar (Con)]

My Lords, we will of course keep this point of law under consideration but not for the reasons the noble Lord gives, if I may say so respectfully. The Prime Minister has already confirmed that the Covid inquiry—if I can call it that—will be established on a statutory basis with full formal powers. That means that Section 35 of the Inquiries Act 2005 will apply. That makes it an offence to commit acts that tend

“to have the effect of … distorting … altering … or preventing … evidence”

from being given to a statutory inquiry.