Public Office (Accountability) Bill

Baroness Hamwee Excerpts

2nd reading
Tuesday 1st September 2026 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I am a stand-in for my noble friend Lord Marks, who is sorry he cannot be here today. These Benches support the Bill. My noble friends, including a Liverpool voice, and other noble Lords will speak from involvement with various issues or scandals. However, we have concerns. The Bill should extend as far as the public would expect, be fully and straightforwardly enforceable, and be not only reactive but proactive. We look forward to working with the Minister, whom I welcome to his new position. I also thank the noble Baroness, Lady Levitt, for all that she must have done in the preparation of the Bill.

Ethical conduct and candour should not need saying, but from the catalogue of disasters—not only what has lent the Bill its informal title—they clearly do. I echo the admiration expressed for the determination and sheer grit of the survivors of those disasters, their families and campaigners. I am glad to see the Nolan principles embedded; as we go through the Bill, we might test each provision against them. In a way, it is a pity it is not left at that. The more that is spelled out, the more significant is what is not. The Bill tells us what a public authority must do “in particular”. Lists are not exhaustive, but, leaving aside the technicalities of drafting, they will be the focus and so must be complete.

To fulfil the “purpose” in Clause 1, enabling whistleblowing in safety is essential. Otherwise, candour is muzzled and the duty incomplete. The Bill needs to prevent problems. A comprehensive whistleblowing policy, including a duty to investigate concerns, should not be optional.

So often, we hear from victims: “No one in future should have to experience this”. They and the campaigners working alongside them, over such long periods, are to be congratulated. What a powerful phrase is that of the right reverend James Jones:

“The patronising disposition of unaccountable power”—


so apt for the feeling of impotence that so many have had to battle.

I would be grateful if the Minister could explain the involvement in the new regime—“landscape” might be a better term—of the Independent Public Advocate. GOV.UK prefaces the policy statement regarding the IPA with the explanation that it was

“published under the 2024 to 2026 Starmer Labour government”.

Is that some sort of disclaimer or distancing? I have seen it elsewhere. The IPA should be fully involved and adequately resourced to fulfil her role, which is complementary to what the Bill introduces.

The scope, in the non-technical sense, of the Bill must reflect the realities. Public authorities do not do everything themselves; they use subcontractors, who use sub-subcontractors, and so on. There are agency workers too. It is not just a chain; it is a web. The Government have said that it would not be proportionate to subject all such bodies to the duty to adopt a code of ethical conduct and that the appropriate national authority will target relevant sectors. We need to unpack that and perhaps rebuild it.

That responsibility must land appropriately has been highlighted by the recent report that the manufacturer of the cladding of Grenfell Tower has, in settling an action by its shareholders, paid them very considerably more than it paid to the families of those who died. That may not be directly relevant to the Bill but I wanted to say it, and that the whole state needs to play its part, whether or not it is a matter of candour. As we were reminded by headlines at the weekend, former postmasters and their families are still being frustrated in their efforts to overturn convictions and get proper compensation. Of course, we want to prevent the need for compensation.

What is directly relevant is what public authorities are required to do to maintain high standards of conduct. We want mandatory guidance on compliance with the code and mandatory regulation requiring compliance with standards. I was struck by the CQC’s experience: it refers to differences in the quality of the duty of candour in services rated outstanding and good compared with lower gradings. Ethical standards are integral to successful services.

National security will occupy some of our time. The Minister told the Commons that arrangements for some inquiries “remain available” and that existing practices, such as the use of security-vetted counsel, “can continue”. I have never felt entirely comfortable with arrangements for special advocates. Like their clients, they must rarely feel entirely satisfied with what they can achieve, given the constraints of closed material procedure. I am with Lord Bingham that their task is like taking blind shots at a hidden target, but I suppose there is no perfect solution.

With the end of the legislation in sight, the focus will be implementation. If that is not effective then the rest is in vain, so the House will not be surprised that we are concerned about legal aid—not only resources and rates but the capacity of the profession and the detail of the scheme, which does not recognise the complexity of, for instance, the work entailed in an inquest and the amount of work required outside the hearing itself.

Many of our points on the duty of candour are also relevant to the misconduct in public office provisions—inevitably, because this is also about ethics and accountability. Who is a “public” officeholder? What about private contractors and marrying up the duty with regulation? The “reasonable excuse” defence takes us into the territory of the reverse burden of proof, making the defence clearer and not setting an exceptionally high burden for the prosecution.

I am persuaded that the Bill should align with the Bribery Act, that someone who is not a public official but instigates misconduct should be covered, and that the offence should not be dependent on a benefit having been obtained. This should be about prevention.

Finally, to provide for parity at inquiries including inquests is a logical application of the underlying thinking. We must ensure that the reality achieves the objectives.

We all have an interest in a duty of candour. Its application is relevant to me for a particular reason—which is rather indulgent, I may say. I have a Private Member’s Bill—it has had its Second Reading, so I suppose it is now the property of the House—which deals with the conduct of undercover police and intelligence operatives. Listening to some of the women deceived into relationships by spy cops has given me some insight into institutional defensiveness, and the layers of issues and of the ranks of people who have not been governed by ethics. It is a reminder that when something goes wrong, prevaricating or denying it compounds the damage. And that damage can be so corrosive.

My noble friend Lord Marks has not signed off this speech. He will have plenty to say, and more cogently, in the next stages.