Public Office (Accountability) Bill (First sitting)

Debate between Seamus Logan and Maria Eagle

Committee stage
Thursday 27th November 2025 Public Bill Committees

[Maria Eagle]

Q The Bill seeks to deal with these things by having proper equal legal representation, which is a good thing in my view. Do you think it is enough? Again, it was the Hillsborough independent panel, a non-legal process, that finally got to the truth. All the legal actions that had taken place before it did not achieve that. What role do you think there is for panel-like arrangements?

Pete Weatherby: I think there is a huge role, and there is a discretion within the Government Bill to extend the duty of candour to panels. We would like that to be stronger—that would be great. Of course, there is no one size fits all. As somebody who has been involved in many public inquiries, I have a major criticism of the length of them. The duty of candour will scythe down the length of public inquiries, if it is used properly. Yes, there is an extension of legal aid in the Bill, but it will be dwarfed by the amount of money that will be saved if the duty of candour is used appropriately and properly.

On your point, absolutely, there is a huge role. I have been on panels myself, and it definitely is not a one size fits all. Internationally, there is learning about this. The best example is probably New Zealand, where there is a smorgasbord of different processes.

[Seamus Logan (Aberdeenshire North and Moray East) (SNP)]

Q Thank you for your evidence so far, Mr Weatherby. Notwithstanding the force of the command responsibility amendment that you have told us about, would you see an additional or bolstering role for the Intelligence and Security Committee of the UK Parliament, in addition to the recommendations that you are making?

Pete Weatherby: Yes, I think that would be a sensible additional measure. I think the measure that we put forward in the briefing would, in a practical and effective way, do what we are setting out to achieve, but the more oversight that can be provided, the better. The ISC is well placed to do that and therefore it would be an additional safeguard. I cannot speak for everybody on that, because I have not seen an amendment in time, but it sounds like a very sensible suggestion.

Public Office (Accountability) Bill (Second sitting)

Debate between Seamus Logan and Maria Eagle

Thursday 27th November 2025 Public Bill Committees

[Seamus Logan (Aberdeenshire North and Moray East) (SNP)]

Q Lord Evans, in the fullness of time, the Committee will consider amendments, so the final Bill might be slightly different in its shape. One can readily understand the very persuasive points that you have made, in particular with regard to MI6 and the need for good relationships with other countries on the sharing of information. However, we might consider command responsibility in a different way in the final Bill—the provision of safe mechanisms, for example closed sessions of inquiries or investigations, or possibly reporting mechanisms to the Intelligence and Security Committee of the UK Parliament. Were such arrangements in place, would that enable the head of a particular intelligence service to provide information to a safe place and, in turn, to the chair of an investigation or inquiry?

Lord Evans of Weardale: I would want to see the exact mechanism, but I do not think it is inconceivable that there could be a way of doing something of that sort, which in broad terms is similar to what is done with closed material proceedings in the civil courts. In order for a court to make a just decision, it needs to have access to the relevant information, even if that is sometimes highly sensitive. The closed material procedures ensure that such information can be brought forward and considered by the judge without its being visible to terrorist sympathisers, for instance, or Russian intelligence officers.

Closed proceedings can work. In some ways, they are sub-optimal because you have to work quite hard to give people confidence that they are really getting at the truth for the public. The ultimate safeguard for that is the fact that the judge is in control of their own court; if they do not believe that justice is being done, they can make that very clear. Over the years, those closed material procedures have been refined and slimmed down in such a way that they are quite widely accepted to be part of a proper justice system while protecting the sensitive information at hand.

[Maria Eagle]

Q We heard a concern earlier from Mr Weatherby of Hillsborough Law Now about the current drafting of the Bill effectively carving out the intelligence service from the same responsibility, as it applies to other public officials. He was concerned that schedule 1, which is an amendment to other legislation, meant that there is only corporate liability here. Is that your understanding of the way in which this is working?

Lord Evans of Weardale: My understanding is that the responsibility rests on the agency, rather than any one individual, to proactively provide the information, although the liability on the head of the agency includes criminal liability, should they fail to do that.

--- Later in debate ---

[Seamus Logan]

Q I, too, salute your courage in your fight over many years to get to this point. The Bill is a landmark and will be something really good coming out of such a terrible tragedy, but it does not cover everything. We heard before lunch about things that other witnesses might like to see addressed. Hilda, is there anything that is not in the Bill that you would have liked to have seen included?

Hilda Hammond: I would have liked to see the NHS included. I know people have a duty of candour, but I am a retired nurse, so I know the NHS, and at the present time doctors and NHS workers—I will not say they hide behind it—are protected by the law of patient confidentiality. I may be missing it, but I cannot see anything in the Bill that addresses that and makes it clear that in something like this patient confidentiality should not stand in the way. It is a big hurdle, because doctors have been bound by it for years and years, and I do not know how you get around that. The NHS is a huge organisation, and it will be subject to huge amounts of litigation. That is one thing that really needs to be addressed.

We did not find out that Philip had gone to hospital—we did not know—until the following November, when his trainers came back with a hospital tag on. When we questioned them, they were all evasive and gave silly excuses. I said, “Well, did you attempt to resuscitate him?”, and they said, “Oh yes, he had electrode marks on him.” When I spoke to the pathologist, I said, “If a person is being resuscitated, someone puts the electrodes on, someone is getting IV access and someone is protecting their airway. You said there were no puncture marks on Philip.” Do you know what he told me? He said, “I don’t know whether you know this, but there is a cannula now that they put in and it doesn’t leave a mark.” Pure rubbish! Even on neonates you see where they have had the cannulas.

I do not know. Trying to get any information from the medical team is like a brick wall, isn’t it? I really think that is an important part of this law. It is such a good law, and you would not want it to fall at the hurdle of doctor’s being protected from telling the truth.

[Maria Eagle]

Q I would like to welcome Jenni and Hilda, who are my constituents, to the Committee. You have both mentioned the importance of getting to the truth fast, and you said, Jenni, that it was only the Hillsborough independent panel, over two decades later, that actually got to the truth and had it accepted. You received an apology from the Prime Minister of the day about what had happened.

Jenni Hicks: A double apology.