Public Advocate (No. 2) Bill

Mary Robinson Excerpts

2nd reading
Friday 15th July 2022 Commons Chamber

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

I beg to move, That the Bill be now read a Second time.

It is now more than 33 years since the Hillsborough disaster, when 97 wholly innocent children, women and men, who were supporters of Liverpool football club, were unlawfully killed by the gross negligence of South Yorkshire police at the semi-final of the FA cup in Sheffield. Many thousands of survivors of that catastrophic event were traumatised by their experiences, and many of them suffer its terrible impact on their lives to this day. The families of those killed have also had to face unimaginable heartache, made worse by the behaviour of those responsible for the disaster in, even now, seeking to blame the victims and survivors for what happened. This 33-year long attempt by those responsible for the killings to evade their responsibility, and the lies and smears that they have repeatedly perpetrated and are still peddling, form the backdrop to this Bill. They still have an impact today: we need only refer to what was said at the Champions League final by those seeking to cover up the disaster of the organisation of that match.

The South Yorkshire police cover-up and smear campaign, begun on the day of the disaster, succeeded for many years in convincing public opinion that the Hillsborough disaster was caused by hooliganism, and that somehow those who died and the supporters who survived were responsible for what had happened, when they were all wholly innocent. Were it not for the fortitude, togetherness and determination of the families and survivors of Hillsborough, who fought a three-decades-long campaign for truth and justice, the truth would never have been set out or accepted, and the rightful inquest verdicts would never have been returned. The apology that families received from the then Prime Minister, David Cameron, in 2012, on the publication of the Hillsborough Independent Panel report, for what had happened to them and for the cover-up would never have been forthcoming, and some of those responsible would never have been put on trial.

It was not until just over a year ago, in May 2021, that all the remaining criminal trials of those responsible who had been charged collapsed without anyone being held to account. Our criminal justice system can be said to have failed catastrophically when it takes more than three decades to fail to convict those responsible for 97 unlawful killings. After all, the events were filmed, with much shown live on television, yet those responsible for the catastrophe and the cover-up that followed have got away without being held to account.

It took 27 years for the families of those who died to have correct inquest verdicts of unlawful killing handed down, after the accidental death verdicts were quashed in 2012. It took 23 years, and the publication of the work of the Hillsborough Independent Panel, for the full truth to be told and accepted fully by the legal and political establishment: the fans were not to blame; the police in charge on that day were.

We must learn the lessons, and ensure that never again will families bereaved by public disasters have to endure their lost loved ones being smeared and traduced; and never again will families have to spend more than three decades campaigning to get truth and justice for their wholly innocent loved ones. There will be more public disasters. There already have been in the intervening time. Hillsborough is an exceptionally bad case, but we can see in other public disasters some of the same problems arising for bereaved families who, through no fault of their own, are caught up in these tragedies—the Grenfell fire and the Manchester arena bombing to name but two. We have already started to see some of the same problems.

So more is needed. The law must be changed. Public authorities must be made to tell the truth. They must be prevented from using all the public money at their disposal to prevent the truth from coming out. Families must be at the heart of subsequent investigations. They must have a collective voice. They must have agency and the capacity to act to get to the truth much sooner than the Hillsborough families were able to.

Hillsborough shows that attempted cover-ups must be torpedoed at an early stage to prevent what happened to the Hillsborough families from happening to others caught up in public disasters. It was not a legal process. It was the Hillsborough Independent Panel, and the publication of documents using freedom of information principles, that finally succeeded in establishing the truth about Hillsborough for all to see, when many legal proceeding for years previously had failed. But it took 23 years.

If we facilitate the capacity for families to get such a process going much sooner, that can help to stop things going so wrong for so long. That is what the Bill intends to achieve. It would establish an independent, adequately resourced public advocate for those bereaved in public disasters, and injured survivors. It would locate the public advocate’s office in a Government Department, able to call on its resources but—crucially—totally independent of Government control and direction. It would require the public advocate to act if 50% plus one or more of the representatives of the deceased and injured survivors ask the advocate to act.

Lord Michael Wills and I have been introducing a Public Advocate Bill into the Commons and the Lords since 2016. That is why this is one is called the Public Advocate (No.2) Bill. It has already been introduced into the Lords this Session by my noble Friend. It would give families agency by putting them at the heart of the response to public disasters through the establishment of the independent public advocate, who, if the bereaved families wish it, and only then, will act as a representative of their interests, advocate and guide. As a data controller, the advocate would be able to establish a panel to review all documentation and produce a report at a much earlier stage than the 23 years it took for Hillsborough. So it would be cheaper and the process would be shorter. That enforced transparency would quickly put a stop to any venal attempts to deflect blame, such as that conducted by South Yorkshire police. Who could successfully conduct such a campaign in the forced glare of transparency, openness and the production of documentation directed by the public advocate at the behest of the families? Cover-ups and the spreading of lies and propaganda could be stopped at an early stage.

[Mary Robinson (Cheadle) (Con)]

The hon. Lady is bringing an important matter to the House. On the issues around Hillsborough and other major incidents that have gone on for so long, obviously, there are issues about the cover-up, but also about ignoring whistleblowers. Does she agree that we need to look at listening to people who raise these issues in these important matters?

[Maria Eagle]

That is an important point, but not important in this context, I think.

The role of the independent advocate would not replace any of the usual legal advocates and would be an addition to prevent things from going wrong over such an extended time. The advocate would get involved only if the families wanted them to be involved. Too often, bereaved families and survivors feel like outsiders, mere adjuncts to proceedings to which others—often those who were at fault—are parties. Those most affected have least agency. These measures could make a real difference and stop what happened to the Hillsborough families ever happening again to other families.

The measures, along with the recommendations of Bishop James Jones’s 2017 report into the lessons to be learned from Hillsborough, are urgently needed. Together they form the Hillsborough Law Now campaign, of which I am a part. In addition to the independent public advocate put forward in the legislation, the recommendations consist of a statutory duty of candour for all public authorities, equality of arms at inquests and a charter for families bereaved through public tragedy.

The report was produced and the recommendations made in 2017. The Conservative party had a manifesto commitment in 2017 to establish an independent public advocate and conducted a consultation, though to date there has been no publication of its outcome and no Government response—there really should be.

The survivors and families of Hillsborough have already had to wait for 33 years. To make them wait five years for a response to a Government-commissioned report into the lessons to be learned is too long. It is more than a year now since the last of the criminal trials collapsed. Getting this Bill into Committee to start making the legal changes we need will enable us to show the families and the survivors that we are starting to take the relevant steps. I hope the Minister can allow us today to give this Bill a Second Reading and get it into Committee.