Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

(Limited Text - Ministerial Extracts only)

Wednesday 3rd September 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

It is a pleasure to serve with you in the Chair, Mrs Hobhouse. I pay tribute to my fellow Red, my hon. Friend the Member for Liverpool West Derby (Ian Byrne). His tireless campaigning on behalf of victims and survivors—the 97, the Grenfell families, the MEN arena families and every family failed by the state, of which there are sadly so many more—has been remarkable and inspiring, and he has always ensured that they have had a voice in this place. I also thank colleagues from across the House for coming to this important debate and for all of their engagement, encouragement and support as we seek to make sure that this legislation is truly worthy of being called a Hillsborough law.

I have heard that the time for warm words is over, but I want to reaffirm this Government’s ironclad commitment that we will put the Hillsborough law on the statute book. We will deliver on our manifesto commitments to place a legal duty of candour on public servants and authorities, and we will provide legal aid for victims of disasters or state-related deaths. The Hillsborough disaster is one of the greatest stains on British history, and the families, survivors and those who lost loved ones have shown endless determination to get justice. As others have said, they should have been allowed to grieve, love and remember in peace. Instead, they have spent decades searching for truth and justice.

The Government are clear that what happened following the Hillsborough disaster must never happen again. As Members are aware, the Government committed to bringing forward a Bill ahead of the 36th anniversary of the Hillsborough disaster, on 15 April this year. We did not meet that deadline, and I regret that. Any further delay simply compounds and prolongs the families’ fight to ensure that nothing like Hillsborough can happen again.

The Government worked with campaigners on a draft Bill, and when it became evident that that Bill would not fulfil the aims of the campaign, or meet the expectations of the families, we decided to take more time and get this important piece of legislation right—to deliver a legacy, to deliver a Bill that is truly worthy of being called a Hillsborough law. We committed to working further with them, and we have done that. I pay tribute to everyone who has helped with the process.

We are working in collaboration with stakeholders, campaigners and families as we develop this policy. We are clear that our approach must be families first. Before we bring any legislation to either House on this important issue, or announce precisely how we intend to deliver the manifesto commitments, we must bring this to families first. That is the least they deserve.

[Iqbal Mohamed]

On timelines, will the Minister elaborate on how long the Government expect to need before they can present something to the House?

[Alex Davies-Jones]

I am grateful for that question. I have heard the frustration and anger, both in this place and outside it, in relation to the need to introduce this quickly and urgently, but we have also heard directly from families about the need to get this right. It is our opportunity to do this, once and for all, and we will not rest until we get that right. I therefore refuse to put a timeline on it, but I do know that we need to do this quickly, and I have heard that today. First and foremost, however, it has to be done with the families first, and we will not proceed with anything that does not have their blessing and backing.

[Shaun Davies (Telford) (Lab)]

The passion that the Minister is showing today also underlines that the engagement over the summer has been really worthy of this Labour Minister. Inquiries will take place between now and when the Bill is given Royal Assent. Will she confirm that the duty of candour will apply to those inquiries that are live at the time that Royal Assent is provided by the King?

[Alex Davies-Jones]

I can confirm that. Once the Bill receives Royal Assent, it will apply immediately and cover any inquiry that is taking place. That includes the Government statutory inquiry that we have announced on Orgreave, the Government inquiry on grooming gangs, and any inquiry or inquest that will be taking place.

[Andy McDonald]

The Minister mentioned getting this right, yet the Government were presented with a fully drafted Bill by a learned counsel. Can she give an indication of where the discrepancies and differentiations are between the Bill that was presented—properly drawn—and the current Government position?

[Alex Davies-Jones]

I will happily do that for my hon. Friend. I want to put on record our thanks to Pete Weatherby KC, Elkan Abrahamson, all those at Hillsborough Law Now, Andy Burnham and my hon. Friend the Member for Liverpool West Derby for the Bill that was drafted in 2017. That Bill has been our guiding north star as we seek to draft a workable, practical and actually deliverable piece of legislation.

We need to remember that we will be legislating on a duty of candour for more than 1.9 million public servants. We need to get that right, with no unintended consequences, and it needs to be worthy of the families. I will happily meet with anyone, but my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will be aware that I cannot outline the details at this stage. However, I will in due course.

I want to place on record my thanks to Inquest, as other Members have. In February, it held a family listening day for the Government on this very important issue. We rightly refer to the Hillsborough families in this debate. However, as we have heard, the campaign is much bigger than that. It is for anyone who has ever had to fight for the truth in the face of state denial and institutional cover-ups. It will stop anyone else having to go through what they endured. It is for those affected by the infected blood scandal and for those who fought for the truth and to clear their names in the Post Office Horizon scandal. If is for those affected by the horrific fire in Grenfell Tower, for nuclear test veterans, for those affected by Primodos, the MEN arena victims and, sadly, many, many more.

Inquest brought together representatives from those areas as well as other campaign groups, including those who have had difficult experiences at inquests. The event asked the question: what would make a good Hillsborough law? Inquest’s report from that day, titled “All or Nothing”, which is available online, has been instrumental for the Government in understanding exactly what is needed to rebuild trust and help improve the experiences of those involved in inquests and inquiries.

[Charlotte Nichols (Warrington North) (Lab)]

Too often, bereaved families are left with no legal representation at the inquests of their loved ones. Does the Minister agree, as per our manifesto commitment, that the Government must provide state-funded legal aid to families at inquests and inquiries following state-related deaths and disasters to level the playing field between victims and the establishment?

[Alex Davies-Jones]

My hon. Friend is right, and I thank her for that important point. Sadly, I have heard time and again that it is David versus Goliath at inquests and inquiries, with predominantly vulnerable, working-class families left without support, having to crowdfund for a barrister—it is the Mini versus Rolls-Royce example of which we heard previously. We are committed to ensuring a parity of arms so that no family will ever have to go through that again. That was in our manifesto, and we will deliver on that promise.

The Government are keen to meet that wider group again to thank them for their time and to explain how their experiences have shaped the Bill’s development once the policy is finalised. However, I cannot mention the Hillsborough law without mentioning Hillsborough Law Now and the families bereaved by Hillsborough, because without them there would be no Bill; that cannot be forgotten. Their bravery, strength and unwavering love for their loved ones is more than admirable. They have spent decades fighting for the truth while watching the names of their loved ones be tarnished and having had their reputations and actions called into question. Too often, they have felt that everything was stacked against them. Their determination is selfless and inspirational, and it has no doubt inspired others who have sought justice when it seemed all but impossible.

I met Hillsborough Law Now and family members several times over the summer, which was an honour and a privilege. I thank them again for giving up their time. Our engagement has been open and constructive, and their feedback crucial in helping to find solutions that achieve the campaign’s intentions without any unintended consequences for the public sector. We believe that we are close to finalising a Hillsborough law that families and campaigners will be proud of.

[Derek Twigg]

I welcome much of what the Minister has said. She said in the early part of her speech that there would be a duty of candour and legal aid for people, so can she be clear about why there is a delay? If that is what will be in the Bill, why is there a problem?

[Alex Davies-Jones]

I thank my hon. Friend for that. It has taken some time to get this right, but we are committed to introducing the Hillsborough law with parity of arms and that statutory legal duty of candour, and we hope to bring that forward as soon as possible. We have worked in conjunction with the families and campaigners to make sure that we have got it right, and we feel that we are almost there.

The Bill will help to ensure that what happened following the Hillsborough disaster will never take place again, and it will undoubtedly change the culture in public authorities for the better. Until that moment, it is crucial that we are guided by the families-first principle. Engagement and conversations on this policy must take place with them before any update is given to the House or the media. Hon. Members will therefore appreciate that I am limited in what I can say today. However, I confirm that our Bill will include the pillars that are vital to the families: that legal duty of candour for public servants, with criminal sanctions for those who do not comply, and measures to rebalance the inquest and inquiry processes to tackle the disparity of power that can exist between the state and bereaved families. We will make good on our manifesto commitment to provide legal aid for victims of disasters or state-related deaths.

I hope that I have reassured hon. Members that the Government are absolutely committed to the Bill. Any absence of update has been not an absence of work but because we have had to put the families first. It is vital that we get this landmark legislation right for them, and that when the Bill finally becomes law, it achieves the change expected by those who have campaigned tirelessly for so long. After all, the Bill is for them.

When the legislation comes into force, it will stand as part of the legacy of Hillsborough and change the country for the better. It will be a law for everyone who has suffered when truth and justice has been concealed behind the closed ranks of the state.

Question put and agreed to.

Resolved,

That this House has considered duty of candour for public authorities and legal representation for bereaved families.