Hillsborough: Collapse of Trials

Maria Eagle Excerpts

Thursday 10th June 2021 Commons Chamber

[Maria Eagle (Garston and Halewood) (Lab)]

(Urgent Question): To ask the Secretary of State for Justice, if he will make a statement on the collapse of trials relating to the Hillsborough disaster and subsequent developments.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I am sure that the whole House would want to join me in paying tribute to the immense courage, determination and patience of the families of the 96 people who died in the Hillsborough disaster, and of those injured who, 32 years on, continue to grieve about the events of that truly terrible day.

The collapse of the case concerning two former police officers and a solicitor who are charged with perverting the course of justice for allegedly having altered statements to be provided to the 1990 Taylor inquiry was the final opportunity for the families seeking justice for what happened at Hillsborough. As the House will have seen, the trial judge in that case ruled that the offence of perverting the course of justice could not have been committed because the inquiry was carrying out an administrative function for the Home Secretary and was not a process of public justice. As such, the prosecution was not able to establish a key element of the offence of perverting the course of justice and the case was unable to proceed any further. Of course, as Lord Chancellor, it is my duty to respect that decision.

Since the Taylor inquiry, the Inquiries Act 2005 was introduced, which allows inquiries to take evidence on oath and to compel witnesses to give evidence and to produce documentary evidence. Section 35 of that Act also makes it an offence to commit acts that intend to have the effect of distorting, altering or preventing evidence from being given to the statutory inquiry. It is also an offence intentionally to suppress or to conceal a relevant document or to destroy such a document.

Members will be rightly concerned as to what, if any, effect this may have on current public inquiries, such as the Grenfell inquiry, the undercover policing inquiry and the independent inquiry into child sexual abuse.

Each of those are statutory inquiries and each has been set up under the aegis of the 2005 Act, which means that, should someone seek to distort, destroy, conceal or suppress evidence in any of those inquiries, that Act provides that those actions will constitute a specific criminal offence. Indeed, the common law offence of perverting the course of justice may also be an appropriate offence to charge if the elements of that offence are made out.

We recognise the need for those in public office to act responsibly and to discharge their duties with both honesty and integrity. As we continue to consider the judgment in the latest Hillsborough trial and its implications, we will of course always consider opportunities to review the law and how it operates. I want the families to know that there will be no exception in this case. We are carefully considering the points made by the former Bishop of Liverpool, James Jones, in his 2017 report on the experiences of the Hillsborough families, including in relation to the proposed duty of candour. Our focus now, after the trial’s conclusion, will be on publishing the Government’s overarching response to that report, after having further consulted all the families.

Irrespective of the outcome of this case, the Government continue to be committed to engaging with the survivors and the bereaved families. It is critical that the lessons of the Hillsborough tragedy—the Hillsborough disaster—are not only learned but consistently applied so that something similar can never be allowed to happen again. The Government are absolutely determined to do just that.

[Mr Speaker]

This is a very important urgent question and I wanted to make sure that it was debated, quite rightly, today. The Lord Chancellor took longer than I expected, so if Members feel they need to take longer, will they please bear in mind that I want to make sure that everybody gets a fair chance to have their say about this very important matter?

[Maria Eagle]

I thank Lord Chancellor for his careful and thoughtful words.

It is 32 years since the 96 people were unlawfully killed having gone to watch a football match, primarily through the gross negligence of the South Yorkshire police who should have been protecting them. Five years since the inquest verdicts, after six men were charged with 14 offences, only two charges were even put to the jury. Twelve charges were thrown out or withdrawn and just one conviction was secured, for a health and safety breach, resulting in a £6,500 fine. Yet since 2016, the families and survivors have been silenced to prevent any prejudice to the criminal proceedings, necessitating the cancellation of all public memorial services, including the 30th anniversary, and preventing them from correcting the record when the Hillsborough slurs about fans causing the disaster have been repeated—and they have been repeated in court and outside court.

Does the Lord Chancellor agree that it is a catastrophic failure of our criminal justice system that nobody has been held accountable for these killings and that it has taken 32 years for things to fail so badly? Does he think that the Crown Prosecution Service has any questions to answer about the charges laid, the vigour with which they were fought, and the CPS’s failure to challenge the reintroduction of the Hillsborough slurs when the families themselves could not because they were silenced? Does he accept that the utter failure, over 32 years, of our criminal justice system to do justice for these people requires changes of the law to make sure that families who are bereaved in public disasters never again have to endure this extended ordeal, after so many years trying to get truth and justice?

The Lord Chancellor seemed to say that he wants to learn lessons, and I welcome that, so will he consider enacting measures in the Public Advocate (No. 2) Bill, which is designed to stop things going wrong in the first place—that is the key to stopping things going wrong in respect of public disasters—and in the Public Authority (Accountability) Bill? Will he work with those of us in this House who have been campaigning on this issue to get it right for the future?

Since the collapse of the trials, two defence barristers have repeated the Hillsborough slurs in public. This matters so much to the families—the cover-up has been denied—so does the Lord Chancellor agree that it now has to stop? Will he make it clear that it must stop and that the apology that the former Prime Minister, David Cameron, gave in this House matters now as much as it did then and sets the record straight? Does he agree that the idea that it is lawful for a public authority to withhold information from an inquiry established to identify why 96 people died at a football event and to learn lessons, and for a solicitor to advise such a step, cannot be right and must be changed?

[Robert Buckland]

I am grateful to the hon. Lady, and I pay tribute to her for the consistent work that she continues to do in this area. She has asked a number of questions, and she will perhaps forgive me if I cannot answer them with absolute specificity, but I will do my very best. I will start by reiterating the apology that David Cameron made. That is the Government’s position—no ifs, no buts.

With regard to the prosecution, clearly, it was right for the case to be brought and, as I have said, as Lord Chancellor, I have to respect the process. However, that has had quite a consequence for the families.

The important work that now needs to be done by colleagues in the Home Office—I have taken the trouble to speak to Home Office officials this morning—is to focus on Bishop James Jones’s 2017 report and work with the families to ensure that those recommendations are carried out. The focus has to be unrelenting, and I want this to take months, not years. Obviously, the families need to be at the heart of it—“nothing about them without them” clearly has to be the watchword—and I am confident, in the light of the work done by David Cameron, by my right hon. Friend the Member for Maidenhead (Mrs May) and now by the Home Office, that that approach will very much be taken.

In regard to the work that the hon. Member for Garston and Halewood and others, including Lord Wills, have been doing on the independent public advocate, I want to assure the hon. Lady that we are absolutely committed to ensuring that bereaved people are supported and given a proper voice throughout the process. A Government consultation was conducted in 2018, and the responses to it were rather varied. I propose to do some more work on that process more swiftly, and to bottom-out what the options might be in ensuring that any service is independent, has the confidence of those who use it and makes a difference, particularly in major public inquiries where many lives have been lost. I know that that has been the focus. I will work with the hon. Lady to ensure that the consultation will look at what the threshold might look like and at the overall impact. I do not think we need to create some huge public body; I know that that is not the hon. Lady’s intention. I now want to give this careful and close attention, and I am sure she will work with me on that.

It is good to note that a lot of work has already been done with regard to legal aid eligibility. We have, in effect, ended any means test on legal aid for legal help and, indeed, representation by the use of the exceptional cases funding category of legal aid. That was an important and welcome initiative. We must also bear in mind the work done by Mr Nick Hurd, a former Member of this House, as the Prime Minister’s adviser and envoy on the Grenfell inquiry. I want to make sure that the correlation of that type of role is fully understood in the concept of a potential independent public advocate. I am sure that the hon. Lady and I will have further exchanges, and I am sure she will forgive me if I have not answered every specific question that she has asked. I am profoundly grateful to her for her urgent question today.