Public Office (Accountability) Bill (Carry-over)
(Limited Text - Ministerial Extracts only)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move,
That if, at the conclusion of this Session of Parliament, proceedings on the Public Office (Accountability) Bill have not been completed, they shall be resumed in the next Session.
This motion is purely procedural, to allow the Bill to be carried over to the next Session and for the remaining stages to take place following the King’s Speech. The Government remain absolutely committed to delivering this Bill. As the House will be aware, it was introduced into this place on 16 September 2025, with its Commons Committee stage taking place in November and December last year. I want to thank again all the Bill Committee members from across the House for their work on this fundamentally important Bill. This motion will allow the Commons remaining stages to take place at the start of the next Session before the Bill moves on to the other place.
The Bill is a product of the decades of campaigning from families affected by state-related deaths and tragedies. We have heard from a range of campaigns, from families and from those affected, on the desperate need for change to ensure that when things go wrong, public authorities will act with candour and transparency, and in the public interest.
Jim Shannon (Strangford) (DUP)
I thank the hon. Lady for bringing this forward. There is much in the Bill to be recognised and welcomed, but does she agree that this is not just about the Hillsborough tragedy, which was awful, but about my constituents in Strangford, who, when they seek the truth from public bodies, are met with a wall of silence or, worse, a culture of circling the wagons? Does she further agree that the legal duty of candour is not just about paperwork and that it must be about restoring the fundamental bond of trust between the Government and those who govern?
Alex Davies-Jones
I could not agree more with the hon. Gentleman. He is fundamentally correct that the Bill is about much more than just the duty of candour. This is about rebuilding the trust between the public and the state. It is about ensuring that there is accountability, transparency, openness and parity, and that the state remembers who it is that we are meant to serve. This is not just about the Hillsborough law, although this legislation will hopefully bear that name; it is about all those campaigns that have suffered as a result of state cover-ups and tragedies. It is really important that we recognise all those campaigning under the umbrella of the Hillsborough Law Now campaign.
At inquiries, inquests and investigations, public authorities and officials will be put under powerful obligations to help investigations to find the truth. They will all be legally required to provide information and evidence with candour, proactively and without favour to any of their own positions. Public servants will also be placed under a new professional duty of candour, which will be set out in each organisation’s mandatory code of ethics. This will ensure that individuals act with integrity and honesty at all times in their day-to-day work. The families made it clear to us that when it becomes apparent that someone has sought to evade accountability or prevent the truth from being uncovered—whether through dishonesty and deliberately withholding information, or through the perpetuation of false narratives—there must be clear accountability and appropriate sanctions.
The Bill will provide this through a new criminal offence of breaching the duty of candour and a new criminal offence of misleading the public. It will also provide non-means-tested legal aid for bereaved families at inquests where a public authority is an interested person, and place a duty on all public authorities to ensure that their use of lawyers is proportionate. It represents an important milestone in rebalancing the system, ensuring that the bereaved, grieving families are supported to participate in the inquest process where the state is represented, introducing the parity of arms that we have heard so much about. It also helps to ensure proper standards of conduct by public authorities at an inquest or inquiry.
Drawing on experiences shared with us by the families, the Bill will introduce measures placing a duty on all public authorities, and those that represent them, to act in line with statutory guidance and to support families’ participation in the process. Where there are concerns regarding the conduct of public authorities or their legal teams, the Bill grants the power to the coroner or the inquiry chair to raise those concerns with the appropriate senior individual level of public authority.
The Bill also abolishes the current common law offences of misconduct in public office following the Law Commission recommendations in its 2020 report. In its place will be two new statutory offences: the breach of duty to prevent death or serious injury, and seriously improper acts. By putting these offences on the statute book, we are making it clear what types of behaviour are covered by this offence and who exactly it applies to.
This is a landmark Bill. It will transform the way that public authorities and officials interact with official investigations and will act as a catalyst for the radical change in culture across the public sector that we so desperately need. It will deliver the largest expansion of civil legal aid in a generation and a move away from that culture of cover up and distrust in the state.
The Bill was due to return to the Commons for remaining stages in January. However, as many in this House will be aware, concerns were raised on how the duty of candour and assistance would apply to the intelligence and security services. The Government brought forward several amendments to strengthen the Bill in this area. However, it became clear from our conversations with families and stakeholders that they had concerns about how the accompanying safeguards we proposed might work in practice. We have always been clear that this is a Bill for and by the families, and where they have concerns, we will always listen.
Carla Lockhart (Upper Bann) (DUP)
Can the Minister give hope tonight through this Bill to the families of those who lost loved ones on 2 June 1994 on the Mull of Kintyre? Currently, documents pertaining to the tragedy of the Chinook disaster are under lock and key for 100 years. Indeed, the documents and evidence that are currently available should give this House serious concern as to what went on before that tragedy. Can she give hope today?
Alex Davies-Jones
I thank the hon. Lady for raising the issue regarding the Chinook disaster. I recently had the privilege of meeting the bereaved families of the Chinook disaster, and I want to pay tribute to them and their tenacious campaigning to uncover the truth of what happened to their loved ones. I am deeply pleased that the Prime Minister agreed to meet those families last week at Prime Minister’s questions, and we look forward to working with them and all the other campaigners as the Bill progresses through the House to ensure that anyone affected by a state cover-up or a tragedy where the state is represented should have the truth available to them. That is a fundamental feature of this Bill and one we wholeheartedly believe in.
It is because of those families and their lived experience that the Government took the decision to delay the Bill to allow more time to get it right—to address the issues that were raised directly with us by the families while not compromising our ability to protect national security and safeguard the national interest. In the past few months, we have been working intensively with the security services, Hillsborough Law Now and the Intelligence and Security Committee to find a way forward on this issue. But that has meant, sadly, that there was not sufficient time to complete the Bill’s passage in this Session. The Government have therefore tabled this motion to allow the Bill to continue parliamentary passage in the next Session.
I am aware that this Bill is of high interest and importance to many Members of this House, the public and, indeed, members of the other place, and many are very eager to see this Bill on the statute books. I want to stress that I share that eagerness. I want to make it clear that the Government remain resolutely committed to delivering this vital legislation. We are determined to get this right. We are continuing to work closely with campaigners and families, and if this motion is agreed this evening, we will bring the Bill back to complete Commons remaining stages, with new Government amendments, at the start of the next Session.
Justin Madders (Ellesmere Port and Bromborough) (Lab)
I start by thanking the Minister for her hard work and dedication in trying to get this Bill right. She has worked tirelessly to ensure that the voices of the campaigners have been heard and are reflected in the final provisions, and I know that she will continue to do so when the Bill returns in the next parliamentary Session.
It is important that we are debating this motion today. We certainly did not want to find ourselves three months down the road with no discernible signs of resolution after Report stage was pulled at very short notice. But this motion is necessary to deliver on the promise. This Bill is too important to fail—too important for the families and too important for the necessary rewiring of the state. We could not have let that happen, so I am glad that we will agree this carry-over motion today. The Bill will, after all, deliver on one of the most radical commitments in our manifesto, but, most importantly, it is a promise that we have made to the Hillsborough families—a promise that needs to be honoured—and they have shown remarkable courage, dedication and tenacity to campaign for justice for their loved ones. It has taken decades to get to this point, and it must be beyond frustrating for the families to be so near yet so far from resolution.
The final details are crucial, and it is very important that we get them right so that we can deliver a law that passes the critical test: that victims are never again wrongly blamed by the state for their deaths; that never again ordinary people have to fight tooth and nail against the seemingly endless resources of the state just to get to the truth; and that we never allow public bodies to use the power of the state to obfuscate and lie in order to protect their own reputations.
Getting that balance right is absolutely critical to the Bill’s success, and it does meet most of the aims that have been set out, so it is disappointing that there are still a couple of key points of difference between campaigners and various parts of Government on matters, as we have heard, related to security services disclosures. I have been proud to support amendments tabled by my hon. Friends here today that provide what I hoped was a workable solution. I was also concerned to hear in a recent message from campaigners that officials are now attempting to reopen issues that they had thought had been resolved. So let us be clear: this House will not accept any backsliding on issues that we have already agreed and voted on.
The Bill’s progression does at times feel glacial, and although we all agree it was right for the Government to go away and strengthen the Bill and ensure that they get it right, rather than pass something that did not have the families’ support, we can all see how each and every day is testing for them. I have to say that is not helped by regular briefings to the press about the reason for the delay being this person or that person, or this Department or that Department. The Bill is too important for Westminster gossip and games.
I would therefore welcome any assurances that the Minister can give today on timescales. I would be grateful if she could indicate whether, as I hope, we can see the Report stage within a matter of weeks of the state opening of Parliament next month, because if we are not careful, we will drag on to the summer recess, and before we know it another six months will have passed. I know that she has never stopped trying to get this Bill over the line, and she has our support to try and find workable solutions, but we really do have to find a way forward sooner rather than later.
Madam Deputy Speaker (Judith Cummins)
I call the Liberal Democrats spokesperson.
Alex Davies-Jones
I thank all Members who have contributed to the debate for their continued support for what is, as they have said, a fundamentally important landmark Bill. It is for the 97, but also for all of victims of all the tragedies who have had to suffer and endure continued pain and trauma as a result of state cover-ups and the preventing of the truth from being sought. I can answer the question from my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders): the Bill will come back as soon as possible. It is a Bill for the families, and we continue to work with them daily to ensure that we get this right. The Government’s first priority is national security, and we will not compromise on that, but we are determined to get this right.
We are also committed to ensuring that there are no carve-outs, and there will be no carve-out for the security services—I make that commitment again at this Dispatch Box. They will be covered by the legally binding duty of candour and the new criminal offences in the Bill, and it is important for us to continue to work together to find the way through. As I have said, we are continuing to work with the campaigners, with the security services, with other Departments and with the Intelligence and Security Committee to ensure that we find a way forward.
My hon. Friend the Member for Knowsley (Anneliese Midgley) spoke powerfully the words of Charlotte Hennessy and Margaret Aspinall, and I want to put it on record that I love working with her too. As I have said, this is a Bill for the families, and earlier today I had the privilege of meeting Jenni Hicks again. I will meet her on Thursday as well, along with Debbie Matthews, and I speak regularly with Charlotte Hennessy, Margaret Aspinall and many of the other families to ensure that we are consulting them and keeping them informed and updated on the Bill’s progress. I will continue to endeavour to do that, to the best of my abilities.
I also want to place on record the Government’s disgust at the briefings, the leaking, and the way in which some of this is playing out in the media. The Government do not condone that. The Government are determined and committed to get the Bill on to the statute book as soon as possible. Whatever is being briefed to the media is not the Government’s position, and we remain resolute in working collegiately with the campaigners to find a way forward.
My hon. Friends the Members for Liverpool West Derby (Ian Byrne) and for Liverpool Wavertree (Paula Barker)—those tenacious campaigners—have stated very clearly this evening that there should and will be no carve-out, and that the Bill should serve as a legacy to the 97. It is far too important for us not to keep our promise, and I can say to my hon. Friends again that I commit myself to working with them and everyone else in the House to get the Bill right. We will bring it back as soon as possible, but we will do so only once we have full agreement with the families that this is the Hillsborough law, so that it can be on the statute book, it can be that legacy, and it can be that fundamental reframing of the relationship between the state and families. I commend the motion to the House.
Question put and agreed to.