Public Office (Accountability) Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice
Catherine Atkinson Portrait Catherine Atkinson
- Hansard - - - Excerpts

I am going to make some progress, but I will give way.

It is essential that there is accountability, not denial, so that those affected get the support they need, not obstruction. We often refer to this Bill as the Hillsborough law. Without the determination of the Hillsborough families, we would not be debating this legislation today. Their determination has been driven by a selfless belief that no other families should ever go through the ordeal that they have suffered. But sadly their story is not unique: we have seen scandal after scandal and cover-up after cover-up, where families have had to fight for the truth and their trust in the state to be forthcoming and truthful has been shattered.

The Bill began with the Hillsborough families, but in the last decade their fight has become a movement, with a coalition of families and campaigns and those searching for the truth; the Bill belongs to every one of them. I am sure that the House joins me in thanking every single family member and campaigner from the Hillsborough families, the Manchester Arena families, Grenfell, the Post Office scandal and many other campaign groups, as well as many other individual cases that fall outside those campaigns.

Catherine Atkinson Portrait Catherine Atkinson
- Hansard - - - Excerpts

I will make some progress, and then I will take interventions.

Many have graciously—often at huge personal and emotional cost—shared their experiences with us to shape the Bill. The changes that it brings forward are so needed. It is thanks to their campaigning, perseverance and willingness to work with us to find solutions that the Bill is back before the House today. The House and the country owe them a debt of gratitude. I know that some of them are in the Gallery with us today—thank you.

Before I turn to the Government amendments, I must pay tribute to the work of my predecessor, my hon. Friend the Member for Pontypridd (Alex Davies-Jones). I was on the Bill Committee, and I know how hard she worked to get us to this point. I also thank the Attorney General, the Minister for the Cabinet Office and colleagues across Government for coming together to resolve these complex issues, so that we could bring the Bill back before the House today.

From the start, we have been clear that this is a Bill for the families concerned. That means listening to their views, and ensuring that the legislation delivers and has their confidence. It was in that spirit that the Manchester Arena families raised their concerns about the duty of candour and how it would apply to the intelligence services; I thank them for doing so. It is right that when a concern is raised, we pause, take stock and, where necessary, change course. The process has not been easy, and it has taken some time, but we had to get this right, and assess all possible implications and unintended risks resulting from how the duty would work in practice. I thank Pete Weatherby KC, the Intelligence and Security Committee and experts across our national security community, campaigners and Members of both Houses.

--- Later in debate ---
Catherine Atkinson Portrait Catherine Atkinson
- Hansard - - - Excerpts

I am going to make some progress, and then I will take interventions again.

The amendments before the House ensure that the duty of candour and assistance applies to all individual intelligence officers, while establishing secure procedures for the disclosure of sensitive information. First, the Bill as introduced did not allow compliance directions to be issued to individual intelligence officers; rather, they were issued to the organisation that officers worked for. There were concerns that this effectively amounted to a carve-out for the intelligence services. Our amendments allow compliance directions to be issued to individual intelligence officers, so that the duty applies consistently across the public sector.

Secondly, the amendments establish secure models for the disclosure of sensitive national information. The Government’s objective has always been clear—it has been to ensure that where information can be disclosed, it should be disclosed, while ensuring that proper protections are in place. We have therefore adopted the approach proposed by my hon. Friend the Member for Liverpool West Derby (Ian Byrne), which is to apply existing safeguards to the new provisions. When an individual working for a national security body receives a request for protected information, they must pass that information to the head of the authority, not directly to the inquiry or investigation. The head of the authority is then responsible for sharing it with the inquiry or investigation, subject to all existing arrangements for protecting information in law and practice. Restrictions on disclosure can still be sought, where necessary. Existing arrangements for secure inquiries remain available, and established practices, such as the use of security-vetted counsel, can continue.

Under these arrangements, national security bodies will now be under the same duty to notify as other public authorities, but we have a limited provision to ensure that the right public authority is making the notification, and that this happens in an orderly and secure manner. While the Government support removing this exemption, nothing in this Bill, and none of its practical effects, change our position, which is that national security and the safety of our citizens and public servants must never be compromised.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I am grateful to the Minister for giving way on the matter of the safety of our citizens. I have been contacted over the last couple of years by the family of Major Anthony Hornby MBE, who was a victim of the Chinook crash. Today, the Ministry of Defence is in the High Court, fighting for them not to have rights under the duty of candour. Will the Minister step in and ensure that the victims of the Chinook crash are given the same dignity and respect as others, and that their case can come under a full public investigation?

Catherine Atkinson Portrait Catherine Atkinson
- Hansard - - - Excerpts

I am very happy to meet the hon. Member and others, specifically in relation to the Ministry of Defence, and to give reassurance on how this can work and be done safely.