Hillsborough Law Debate

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Department: Ministry of Justice
Thursday 13th November 2025

(1 day, 14 hours ago)

Lords Chamber
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Asked by
Lord Alton of Liverpool Portrait Lord Alton of Liverpool
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To ask His Majesty’s Government what progress they have made in the development of the proposed ‘Hillsborough Law’.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, the Prime Minister opened last week’s House of Commons debate on the Second Reading of the Public Office (Accountability) Bill—the Hillsborough law—with what he described as

“a simple acknowledgment, long overdue, that the British state failed the families and victims of Hillsborough to an almost inhuman level”.—[Official Report, Commons, 3/11/25; col. 653.]

Echoing the “burning injustices” description used by the noble Baroness, Lady May, he powerfully described the closing of ranks, institutional lies, cover-ups, smears and betrayal by the very people who should have been protecting families: victims who became trapped in a cycle of profound grief and wicked vilification, with the public purse used to bankroll misconduct and malfeasance and to camouflage the truth. Truth, expeditious justice, and consequences are the three themes I wish to address today.

Hansard records that 36 years ago, as a Liverpool Member of Parliament, I sent correspondence to the Government of the day questioning the suitability of Hillsborough for the semi-final on 15 April 1989. I enclosed a statement from the chief executive of Liverpool Football Club, who said

“there was no way I could support the choice of Hillsborough this year with the same ticket allocations applying”.—[Official Report, Commons, 17/4/1989; col. 32.]

Of course, the match was played, with disastrous consequences.

Despite repeated suggestions that the fans had brought the calamity on themselves, Lord Justice Taylor accurately identified the role of South Yorkshire Police and criticised its attempt to shift responsibility from itself to the spectators. Four days after the disaster, I wrote to Sir Cecil Clothier, then chairman of the Police Complaints Authority, enclosing a first-hand account from a constituent. I asked him to open an independent inquiry into attempts by the police spokesman to blame the fans for their own deaths. I said this was

“part of a smokescreen of propaganda aimed at diverting attention from the truth”.

He declined to investigate the conduct of the police, despite repeated requests.

Years later, I was shown a letter from Sir Cecil to the chief constable of South Yorkshire, saying that he had done his best to “deflect” my complaint. Sir Cecil signed the letter “Spike”: a word journalists use when an editor has decided to withhold a story from publication. With the truth being “spiked”, victims had to watch a system circle its wagons around its own. In 2012, the Hillsborough Independent Panel found that 164 statements had been altered significantly, and 116 had been amended to remove content that was unfavourable to the police.

It was only when the original 1990 to 1991 inquest verdicts of accidental death were re-run—using the obligations of the Human Rights Act 1998 and Article 2 of the ECHR—that verdicts of unlawful killing were finally reached. Some 27 years had now passed as the truth gradually began to emerge. The 2016 jury vindicated the fans and established gross negligence, defects at the stadium, errors in the safety certification and much more besides. Instead of consequences for those at fault, we have seen early retirements and enhanced pensions.

Parliament will want to be convinced that the Hillsborough law will tip the balance away from the behemoth against whom the small battalions are pitted. We must finally lay to rest what the 2017 independent report into Hillsborough, chaired by Bishop James Jones, described in its title as The Patronising Disposition of Unaccountable Power. Five years after its publication—and 28 years after the disaster—I protested that there had still been no government response to the report’s recommendations that, first, a duty of candour, secondly, an equality of arms at inquests, thirdly, the appointment of an independent public advocate, and fourthly, a charter for families bereaved through public tragedy, should be enacted.

Following this up in 2023, I participated in an all-party group meeting here on public accountability. We discussed a range of public tragedies, including Primodos, atomic test victims, infected blood and Hillsborough. Other examples might have included Windrush, Chinook, Grenfell, Manchester Arena, Covid, grooming gangs and Horizon. After that meeting, I suggested to Ian Byrne Member of Parliament, who had been a young spectator at Hillsborough, that he should write to the Joint Committee on Human Rights—of which I was a member and which I now have the privilege to chair—and ask us to examine the Hillsborough law. It did, and its witnesses included Bishop Jones and Andy Burnham. The hearing led to our unanimous report in May 2024 calling for a Hillsborough law. On 3 March, the Government responded positively. It is indicative that, during its hearings, the Joint Committee was told that a Hillsborough law could have made a difference when inaccurate evidence was given to the late Lord Kerslake’s inquiry in the aftermath of the Manchester Arena bombing.

In addition to the duty of candour, the new law must build on the admirable work begun in 2014 by the noble Lord, Lord Wills, and Maria Eagle Member of Parliament in promoting a Bill for an Independent Public Advocate, which I strongly endorsed, and which was established in 2024. The post is now held by Cindy Butts. Although the JCHR has not yet decided what its approach will be on the new Bill, I hope it will consider seeking further information on whether she has adequate powers and resources to support victims of major incidents, to guide them through the obstacle course and to ensure a response from Government. I would like to hear the Minister’s view about strengthening the advocate’s role and for her to tell us why the Government say this Bill might not be the right place in which to do it. I would also like to hear about the creation of a national oversight mechanism to ensure that when recommendations are made, they are implemented.

The House will also want to hear about the practicalities of ensuring that victims of disasters or state-related deaths receive parity of legal representation during inquests and inquiries, and about the resources the Government will set aside for this. Above all, the House will want to hear how confident the Minister is that the new legal duty of candour on public authorities and officials will bring to an end the depressingly familiar pattern of cover-ups and concealment, and whether penalties will be exemplary and adequate to punish outrageous conduct.

In the noble Baroness, Lady Levitt, who will steer the Bill through this House, we have a Minister whose entire working life has revolved around justice, and she is particularly well placed to turn bitter experiences and unfulfilled promises into a workable reality. I am grateful to her for the constructive discussion we had last week.

Thirty six years ago, I visited the families of constituents who had loved ones, including teenage children, among the fatalities and the injured. Among those was Andrew Devine, who suffered life-changing injuries after being deprived of oxygen. His remarkable parents, Hilary and Stanley, lovingly cared for Andrew with exemplary humanity and courage. Andrew emerged from his coma in 1994. On his death in 2021, the coroner ruled he had been unlawfully killed, becoming the 97th Hillsborough victim.

Andrew’s family are grateful to the Minister for agreeing to meet them privately, without media intrusion, to discuss their hope, which they have asked me to relay to the House, that there will be one enforceable code of conduct for all public officials with significant sanctions, including financial penalties, for non-compliance. In the quest for truth, expeditious justice and consequences, Andrew, his family and all those who 36 years ago paid such a terrible price must now be our guiding light. I thank all noble Lords who are taking part today.