Public Office (Accountability) Bill (Fourth sitting) Debate

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Department: Ministry of Justice

Public Office (Accountability) Bill (Fourth sitting)

Maria Eagle Excerpts
Tuesday 2nd December 2025

(1 day, 8 hours ago)

Public Bill Committees
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Ian Byrne Portrait Ian Byrne (Liverpool West Derby) (Lab)
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I welcome you to your place, Mr Dowd. As I rise to speak, the four people who gave evidence to us on Thursday are holding a press conference regarding the Independent Office for Police Conduct report, and their opinions of what it consists of. I am sure that they feel as though they have been robbed of any justice. With that in mind, Minister, let us go through the amendments we spoke about just before the Committee adjourned.

It is so important that we emphasise how fundamental command responsibility is to the Bill. We must never have a repeat of what those families will be saying in the next 30 minutes. Without clear responsibility resting with the chief officer or chief executive, the corporate offences in the Bill will be basically impossible to enforce, leaving bereaved families, like those we will listen to today, and survivors with an aspirational duty, I feel, rather than a practical one. We cannot allow that to happen, and this opportunity to be missed.

Minister, you have done so much to get us to this position. So much of this legislation is down to your efforts, and our collective efforts over the last six months, but I urge you to listen to the fears that are being voiced today by Members on both sides of the Committee, because I firmly believe that, in its present form, this provision fatally undermines the effectiveness of the Bill, and the intention behind it, which we all support, to change the culture of cover-ups.

Maria Eagle Portrait Maria Eagle (Liverpool Garston) (Lab)
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Having had the chance to have a very quick look at the report being published at 1 o’clock, does my hon. Friend agree that the IOPC has found that the chief constable of South Yorkshire police at the time, the match commander, the deputy match commander, the deputy chief constable and a total of 10 senior officers at South Yorkshire police likely should have been charged with gross misconduct, which, had it been found, could have led to dismissal, even by the rules that pertained at the time? The fact that there has been no accountability for any of those people in 36 years shows that we have to make sure that there is a way in which the individuals responsible can be properly held to account, and justice can be reached.

Ian Byrne Portrait Ian Byrne
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I thank my right hon. Friend for outlining that beautifully. It goes to the heart of where we are now. As I said, we are watching a live example of why this matter is so fundamental to the Bill, and how effective it will be. I urge the Minister to listen to those concerns and work with us.

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Alex Davies-Jones Portrait Alex Davies-Jones
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Again, I totally agree with the policy intention. If the Bill had become an Act when the covid inquiry was under way, might that inquiry have carried things out differently, or provided information in a new way or in a new light? We cannot answer that. All I can say is that the purpose and intention of the Bill is to ensure that any inquiries or investigations seek the whole truth and that all information is disclosed so that we are never put in that position again. That is the intention of the Bill, and we have made sure it is as robust as possible to provide for that.

Maria Eagle Portrait Maria Eagle
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I can understand why Members might feel a certain amount of scepticism about the idea that an obligation to try to remember disappearing messages might be adequate. I do not know how many messages other Committee members send, but I think we have all got into the habit of sending rather a lot. Could there not be an arrangement, either in the code of ethics or in the policies and procedures of organisations, to make sure that people do not use WhatsApp for official business? We could also make sure that whatever chat people do use—it might be an internal arrangement—messages are properly kept and we therefore do not have to rely on dodgy memories of disappearing messages to make sure that messages are preserved for any future inquiry.

Alex Davies-Jones Portrait Alex Davies-Jones
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My right hon. Friend makes a very important point: it is for each individual organisation to determine the policies and procedures for their record keeping. It might be wholly appropriate for one organisation, if it has a small number of employees, to use a WhatsApp group, but we would expect records to be kept appropriately and for employees not to turn on disappearing messages. That would be part of the terms and conditions in the guidance and practices for the employees.

It would be for each different organisation to determine what is right and appropriate. It is not for Government to tell any organisation how to run its business or manage its employees. However, we have set out the bare minimum that is expected: the Bill makes it explicitly clear that records of any information relevant to an inquiry or investigation should be kept, and that such information should be disclosed to the inquiry or investigation if requested.

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Tessa Munt Portrait Tessa Munt
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The amendment seeks to ensure that all public authorities and organisations adopt a consistent and high-quality approach to their codes of ethical conduct by requiring the Secretary of State to introduce a standard template. This should not be prescriptive, but it should at least form a basis for every organisation and a minimum standard, in order to promote clarity, uniformity and accessibility, making absolutely sure that staff can understand it.

Maria Eagle Portrait Maria Eagle
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I was looking at the amendment paper this morning. It was probably mistyped, but my copy says that the Secretary of State must introduce a standard template for “ethical conduct of conduct”. Should that be “codes of conduct” or “ethical conduct”?

Tessa Munt Portrait Tessa Munt
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I thank the right hon. Lady for her intervention. She is absolutely right: the amendment should not say “conduct of conduct”, it should indeed say “codes of conduct”. I hope the Chair can note that, and forgive me for any confusion.

I am hoping—by misspelling everything—to promote clarity, uniformity and accessibility, making it easy for staff to understand their obligations and the processes for reporting wrongdoing. By standardising the minimum content in ethical codes, the amendment would strengthen accountability, support a culture of integrity and help to ensure that protections, such as those for whistleblowers, are applied effectively across all public authorities and organisations. I recognise that the Minister has spoken pretty strongly against doing this; none the less, I am seeking clarity. Having a minimum standard set by the Secretary of State might be helpful, but I recognise that the Minister has already had a good old go at saying no.