Public Office (Accountability) Bill Debate

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Department: Ministry of Justice

Public Office (Accountability) Bill

Baroness Bousted Excerpts
Baroness Bousted Portrait Baroness Bousted (Lab)
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My Lords, I am a panel member of the public inquiry into Orgreave, now a modern housing estate on the outskirts of Sheffield. In 1984, it was a major South Yorkshire coking plant. On 18 June 1984, Orgreave was the site of conflict between approximately 6,000 police officers from 28 different forces, led by the South Yorkshire police force, and approximately 5,000 striking miners, who were picketing Orgreave to stop coke being transported to British Steel blast furnaces. It was an extremely violent event. Miners and police officers were injured, some seriously. There were mounted police charges, including into the village of Orgreave itself. Short and long shields, truncheons and police dogs were used. The Orgreave inquiry was established to investigate what happened on that day, during which 95 miners were arrested and later charged with riot and unlawful assembly. The former, riot, at that time carried a maximum sentence of life imprisonment.

The first batch of 15 cases on the charge of riot were tried the following year, starting on 8 May 1985. The trial collapsed after 40 days when the prosecution offered no further evidence. In 1991, South Yorkshire Police paid £425,000 in compensation to 39 miners in response to their claims for assault, wrongful arrest and malicious prosecution.

The Bill’s official title is the Public Office (Accountability) Bill. Its more common title is the Hillsborough law, in respect to the 97 football fans who were unlawfully killed on 15 April 1989 at a football match policed by South Yorkshire Police. Relatives of those who died on that dreadful day faced a delay of 23 years before the findings of the Hillsborough Independent Panel into the disaster were published in September 2012—published because they would not give up, because they would not be silent, because they were so brave and courageous.

Those involved in Orgreave on 18 June 1984 and campaigners led by the Orgreave Truth and Justice Campaign, established in 2012, have had an even longer wait—42 years—for a public inquiry to be established. Clearly, it is a huge challenge to investigate an event which took place over four decades ago. That is why it is so essential that all the respondents to any inquiry ensure that they now, even before this legislation is passed, respect and fulfil their duty of candour. It is vital that they provide all the documentation that they have in their possession to the inquiry—that they hold back nothing of relevance and of interest, no matter that this might place their organisation in an unfavourable light. It is vital that they participate fully in the investigation. I echo the point made by the noble Lord, Lord Faulkner, that all police records must be put under proper national control. In 2024, it was reported that Northumbria Police destroyed two boxes of evidence on events at Orgreave. The force said that this was in line with its data protection rules.

I strongly welcome the new offence of misleading the public contained in this legislation, and the new duty placed upon public bodies to embed candour at the heart of public services and to promote the ethical conduct of their employees based on the Nolan principles. The Orgreave Inquiry has published a list of issues to be investigated. These include the planning of and authorisation for tactics used, including mounted officers and mounted charges; the extent to which Her Majesty’s Government and government departments were involved in the planning for 18 June 1984; a detailed examination of the chronology of the conduct of the picketers and police officers on 18 June 1984; the arrest of and charging decisions for picketers and the process of making and authorising those decisions; and the accuracy, integrity and independence of police statements. The full list of issues to be investigated is available on the inquiry website.

In the light of the important questions posed by the inquiry, I take this opportunity to ask the Minister, the noble Lord, Lord Lemos: what is the Government’s position on historic inquiries such as Orgreave? Namely, will a duty of candour be required of organisations which provide evidence of long past events which may reveal evidence which retrospectively places that organisation in a poor light?

Finally, there is a view that the Orgreave Inquiry should not be taking place, that the events of 40 years ago should be left in the past. I do not agree with this view. Two weeks ago, I was present at the Kent miners’ rally at the site of the Betteshanger colliery. There, in front of the inquiry stand, I met an elderly retired miner who was arrested and charged at Orgreave. Over 40 years later, he choked up as he began to recount the events of the day and could not continue. The trauma caused by the violence he experienced and witnessed is still there at the core of his being.

Lessons from the past must be learned if we are to avoid them in the future. This Bill will strengthen the powers of statutory and non-statutory inquiries, enabling them to do their job: to get to the heart of the matter. I welcome it, and I urge the House to support its passing.