1 Bill Esterson debates involving the Attorney General

Wed 22nd Feb 2012

Kevin Williams

Bill Esterson Excerpts
Wednesday 22nd February 2012

(12 years, 2 months ago)

Westminster Hall
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Bill Esterson Portrait Bill Esterson (Sefton Central) (Lab)
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I congratulate the hon. Member for City of Chester (Stephen Mosley) on his effective description of what happened on 15 April 1989, and I add my thanks to all those who have worked hard to secure this debate. I also congratulate the family of Kevin Williams, and Mrs Williams in particular, on the tireless work with which they have pursued this campaign. I hope that this debate will help Mrs Williams and her family to move nearer to a point at which the truth is fully in the public domain and that what actually happened to Kevin and others on that day will be recognised one day soon.

I am speaking in this debate because of the connection that Kevin Williams and his family have with my constituency. Kevin Williams lived in Formby until his death at Hillsborough. He went to Freshfield primary school and Formby high school, as did his brother and his sister, Sara, who still lives in Formby. There is widespread support for a new inquest across the country, as evidenced by the large number of people who signed the e-petition organised by Anne Williams. People in my constituency often ask me about Hillsborough and about the call for a fresh inquest into Kevin’s death. Nearly 23 years after the terrible events at Hillsborough, the depth of feeling among my constituents remains strong, and it is right to hold this debate.

I will comment briefly on the fact that this debate is being held in Westminster Hall rather than the main Chamber. The Government gave an undertaking that petitions that attract more than 100,000 signatures will be awarded a debate in the House of Commons. That responsibility was passed to the Backbench Business Committee, but it has little time to allocate for such debates and was unfortunately unable to award time for this discussion in either the main Chamber or Westminster Hall. For me, and for many others, the importance of this issue and the almost 23-year injustice experienced by Anne Williams and her family, as well as the families of the other 95 people who died and others who were affected by the trauma of events at Hillsborough, mean that the case of Kevin Williams deserves to be allocated a debate in Government time. I also believe that a vote could have been held on a simple motion that called for a new inquest to be held, or for the Attorney-General to consider such an inquest. We are not able to hold such a vote in this Chamber, and in my view, such a motion would have enabled Parliament to show that it understands the strength of feeling among our constituents.

The Attorney-General has indicated that he will consider the evidence afresh, rather than simply review the findings of his predecessors in office, and I welcome that. He has also indicated that he will await the release of papers by the Hillsborough independent panel before reaching a conclusion. He has said that he will allow further representations to be made to him once the panel has released the papers to the families involved, and he has told Mrs Williams that she will have the time that she needs to consider the information in those papers. The offers made by the Attorney-General are welcomed by Mrs Williams, and I believe that they are a step in the right direction.

I am cautious, however, about what the outcome of the release of papers by the Hillsborough independent panel might be and about the likely outcome of the Attorney-General’s consideration of new evidence. I agree with the call for a new inquest, but I understand that that is a highly unusual step. In his response, perhaps the Attorney-General will explain any potential difficulties that he might have in agreeing to a new inquest and explore how new information might be addressed and what he has in mind when he says that he wishes to consider the evidence afresh.

Kevin was one of 19 people from the borough of Sefton who died at Hillsborough, and I would like to discuss the evidence that relates to what happened to Kevin on that day. I will concentrate on the medical evidence—some of which is similar to that already mentioned by the hon. Member for City of Chester—and on the views of a number of experts who have examined what was said at the inquest into Kevin’s death.

The inquest into Kevin’s death decided that those who died at Hillsborough were irreparable damaged by 3.15 pm, and that therefore the actions—or lack of actions—of those who might have helped, or given instructions to help, were irrelevant. That is one of the reasons why some of the other evidence was not considered. Such a decision implied that none of the 96 people who died could have been saved by medical attention or by being rescued from the pens at the Leppings Lane end of the stadium after 3.15 pm. As we have heard, however, a number of reliable witnesses say that they were with Kevin until nearly 4 pm, and that they tried to save his life but were unable to do so as they lacked the necessary medical training. Those who tried to help Kevin included at least one police officer, yet their testimony was not accepted by the coroner.

The suspicion held by families, friends and supporters is that the 3.15 pm cut-off point was a convenient way of avoiding evidence that showed that lives could have been saved if ambulances had been allowed on the pitch and if police officers had been told to help people out of the Leppings Lane pens. Many thousands of people believe that a new coroner’s inquest would allow the presentation of evidence to show that Kevin was still alive after 3.15 pm and that his life might have been saved had different decisions been taken.

A different coroner’s verdict for Kevin might also provide a recognition for the families of some of those who died that decisions were taken that denied their loved ones medical care or rescue—decisions that cost lives. Many people believe that even after all these years, those who took such decisions could be held accountable for causing the deaths of the 96 people who died—deaths that could have been prevented had action been taken as soon as it became clear that there was a problem. Kevin’s mother, Anne, is one of many people who have fought since that day in 1989 to get official recognition for the truth about what happened at Hillsborough, and that is what lies at the heart of the debate today.

Let me examine some of the evidence and compare the views of Dr Slater with those of Dr West. Dr Slater gave evidence that Kevin died of traumatic asphyxia and that he died quickly from injuries to his chest and neck. He also said at the inquest that Kevin’s voice box had been badly damaged, that he had suffered extensive brain damage and that he would not have been able to speak. Dr Slater’s evidence suggested that Kevin was not alive and did not speak to his prospective rescuers and that those who claimed that Kevin was alive much later than 3.15 pm were mistaken.

Dr West disagrees with Dr Slater and could not confirm that Kevin died quickly. The photographic evidence seen by Dr West showed evidence not of extensive injuries to Kevin’s chest but of injuries to his neck. Dr West says that there was no swelling of the face, which is different to the view provided by Dr Slater. In Dr West’s view, the injuries shown in the photographs would have led to a swelling of the voice box, which would then have reduced the flow of air to the lungs. He says that such an injury would not have been fatal straight away and that it could have been treated by an emergency tracheotomy with a rubber tube. The suggestion is that a trained paramedic could have saved Kevin’s life if ambulances had been allowed on to the pitch.

Dr West has told Anne Williams that the injuries shown in the photographs suggest that Kevin’s chest was not damaged although his neck was. Traumatic asphyxia is not caused by neck injuries alone, and Mrs Williams told me that she challenged what the coroner put on form 99, the coroner’s certificate. Dr Slater said that Kevin had a chest injury and a neck injury; Dr West said that the injury was only to the neck. After Mrs Williams challenged the certificate, Dr Slater agreed that the injury was confined to the neck.

Anne Williams has been advised that the injuries to Kevin’s neck could have taken up to 45 minutes to swell up enough to close his airways. The comments made by Debra Martin, the police constable who says that Kevin died in her arms just before 4 pm, are consistent with that medical advice.

Anne Williams would like recognition that Kevin did not die from traumatic asphyxia, given the confirmation that his injuries were not consistent with that cause of death. She was also advised that Kevin may have been able to speak because the injury to his voice box would not have prevented speech straight away. Dr West believes that Kevin may have been able to say a word or two, even if he had suffered some brain damage.

The evidence that Kevin was alive up to 4 pm and that his injuries may well have meant that he could have been saved is the reason why Anne Williams and many thousands of others believe that there should be a further inquest. There is evidence that Kevin was still breathing at 3.37 and died only just before 4 pm. The family and thousands of others believe that his death has not been properly investigated. They are backed up by Debra Martin, who was at Hillsborough as a special constable. Debra held Kevin in her arms as he died, but found out that her statement was never given at the inquest. Instead, a statement was made up without her knowledge.

I hope that the Attorney-General will explain in his response to the debate just what process he plans to follow in reviewing the evidence. Many people want a new inquest for a number of the victims, so that evidence about decisions taken can be considered at such an inquest and so that the impact of not allowing ambulances on the pitch or preventing escape from the pens can be considered. Many people want public recognition that those in authority took decisions that may have caused some of the deaths after 3.15 pm. Perhaps the Attorney-General can explain whether a new inquest would contribute to meeting that request. Will he explain whether it is possible to have a new inquest? Over the years, expectations have been raised and dashed many times. Today might be an opportunity for the Attorney-General to give an honest assessment of the likelihood of a new inquest.

Anne Williams and her family want public recognition of what happened to Kevin. They want to hear the truth acknowledged. After all the years of knock-backs, the family want justice for Kevin and for themselves, so that they can feel that they have done right by Kevin and for themselves and so that they can finally move on.