Seamus Logan
Main Page: Seamus Logan (Scottish National Party - Aberdeenshire North and Moray East)Department Debates - View all Seamus Logan's debates with the Cabinet Office
(1 day, 21 hours ago)
Commons Chamber
Seamus Logan (Aberdeenshire North and Moray East) (SNP)
This Bill certainly is long overdue. I previously contributed to the excellent debate in Westminster Hall that was secured by the hon. Member for Liverpool West Derby (Ian Byrne), who has just made another fantastic contribution to the campaign. He has been a tireless campaigner for justice since the disaster in 1989.
The Scottish National party supports the Bill and we will work with the UK Government to change the culture of secrecy and cover-up, which for far too long has characterised too much of our public life. Scotland and the rest of the UK are well served by the exceptional dedication and commitment of our public officials, who work every day to keep our communities safe. However, it is right that we should be able to trust that those who serve in a public role fulfil very high standards of behaviour and conduct throughout their careers.
The sad reality is that when these failures were discovered, far too often the wagons were circled, rather than good-faith efforts being made to provide transparency and justice. So often in my own career in health and social care, I witnessed public bodies and senior executives responding to adverse events in defensive ways, declining to offer apologies to avoid financial cost and seeking to hide the truth to protect careers. But the buck stops in this place ultimately.
To reiterate, the SNP Scottish Government are supportive of the aims of the Bill and have been engaging closely with the UK Government on this legislation, including on how it may be extended to Scotland and which Scottish legislation will require amendment. If so, a legislative consent motion will be presented to the Scottish Parliament for debate. In the meantime, public servants are, of course, expected to continue to follow all existing codes, and professional and legal obligations, until the Bill is fully implemented. The SNP Scottish Government have already taken legislative steps to introduce a duty of candour in areas of public life in Scotland, but this Bill must now be the catalyst to change organisational culture across these islands for good.
I fully agree with the hon. Member for Chichester (Jess Brown-Fuller) that the Bill would benefit from the establishment of an office of the whistleblower. That has to be one of the outcomes of the eventual passing of this legislation. We fully support the measures dealing with enforcement and compliance, but the key question is: when will we see an end to cover-up, denial, obfuscation and defensiveness? This law must extend not only to intelligence services, but their individual officers. It must make it clear that there is a single, clear point of accountability for chief executives of public bodies and other leaders with command responsibilities. Some legal experts believe that the Bill’s wording on that may be weak, and there is a case for reviewing and strengthening this part of the Bill.
We welcome the proposed code of ethical conduct, and the extension of the law to private bodies with public service health and safety responsibilities. Clause 5 allows for a prison sentence of up to two years for the offence of failing to comply with the duty of candour. That could be unduly lenient when one considers some of the more serious scandals.
The inclusion of the concept of “victim harm” in clause 11 may not be as helpful as it sounds, as it would potentially exclude those who, for example, simply falsify statistics, for whatever reason, and are not directly creating any specific victims. That wording could be reviewed. We welcome the commitment to equality of arms in court proceedings, and to ensuring that victims and their families have full recourse to legal aid. In the past, the absence of public funding has too often been an insurmountable obstacle.
On a further matter of detail, already mentioned by the hon. Member for Chichester, the Bill makes no reference to newspapers or other media outlets, some of which were up to their necks in law breaking, as demonstrated by the Leveson inquiry. As hon. Members will know, Leveson 2 was meant to investigate the relationship between the press and the police, but it was cancelled by the Cameron Government. As a result, there is little or no accountability in this area. There is still deep hurt in Liverpool at the conduct of some editorial staff and journalists at The Sun newspaper all those years ago. There are other examples of misconduct and even law breaking. Will the Bill provide some solutions relevant to the media? If not, how do the Government intend to address this issue?
I alluded at the outset to devolved matters. There is a clear need to work proactively with devolved Administrations on legal provisions that will require amendment. There have been so many examples in recent times of an utter failure to consult, liaise or communicate with the devolved Administrations, but that cannot happen in this instance. I hope that we will see maximum co-operation on these matters. My party and I stand ready to make a constructive contribution as this Bill passes on to its next stages.