Public Office (Accountability) Bill

Caroline Nokes Excerpts

2nd reading
Monday 3rd November 2025 Commons Chamber

[Richard Burgon (Leeds East) (Lab)]

The Bill before us stands as a testament to the decades of campaigning by the Hillsborough families. I want to pay special tribute to them and to other families I have been humbled to work with, including Grenfell families and the family of Zane Gbangbola, who are still fighting for justice. They have backed this Bill because they do not want to see others endure what they had to.

I want to commend the tireless work of Greater Manchester Mayor Andy Burnham, who as Member of Parliament for Leigh helped drive a Hillsborough law from inside this House. I also commend my hon. Friend the Member for Liverpool West Derby (Ian Byrne)—my close friend—for all he has done over the years, before becoming an MP and now, to fight to get us to where we are today. Thanks are also due to my right hon. Friend the Member for Liverpool Garston (Maria Eagle) and Steve Rotheram, Liverpool metro mayor.

As shadow Justice Secretary in 2017, I was proud to commit that a future Labour Government would deliver a Hillsborough law. In fact, it is almost eight years ago to the day since around 90 Labour MPs signed a letter co-ordinated by myself and the then shadow Home Secretary, Diane Abbott—

[Madam Deputy Speaker (Caroline Nokes)]

Order. The hon. Member means to say the then shadow Home Secretary, the right hon. Member for Hackney somewhere or other—apologies for not knowing.

[Richard Burgon]

She has been forgotten too many times in this place, but I will put that to one side.

The letter from the then shadow Home Secretary and I called on Theresa May to introduce a Hillsborough law in the aftermath of Grenfell. I commend this Labour Government for bringing forward this legislation. A duty of candour, new criminal offences for failing to uphold that duty, expanded legal aid and a parity of representation to end the David versus Goliath nature of inquiries—these are all big steps forward. There will be areas where the Bill can be strengthened, and I hope to play my part in ensuring that it is improved as it goes through this House, but fundamentally it is a good Bill and must remain so as it passes through the House.

On that point, I want to send a very clear message today to anyone hoping to water the Bill down as it passes through Parliament: do not try it. Far too often in this country politics has acted as a dam, holding justice back rather than helping it to flow. Class and power imbalances and, yes, racism have repeatedly denied people justice in the face of state abuses. We have seen the truth sacrificed to protect the powerful. Hillsborough, Stephen Lawrence, Grenfell, the Post Office scandal, Bloody Sunday, Orgreave—these are all examples of times when the state used its immense power not to deliver truth and justice but to block it year after year. In all those cases, the state was accused of a cover-up by those affected. Distrust was sown, and justice delayed and denied.

We know that there are forces who did not want this Bill to get this far and who do not want it to go forward in this form—forces who do not want the scales of justice tilted in favour of working-class people. I welcome the Prime Minister saying that there will be no watering-down of this Bill, but if any civil servants, Members of this House, those in opposition and in the House of Lords, those in the media or others within the machinery of the state attempt to dilute or derail this Bill, they will have the fight of their lives on their hands. We will use every power at our disposal, including naming and shaming under parliamentary privilege, if we hear of any attempts to water down this fundamentally important Bill.

Let this be a rare moment when the House delivers legislation that we can all be proud of. Martin Luther King once spoke of how

“the arc of the moral universe is long, but it bends towards justice”.

It has not felt like that for so many families. Let us make sure it does by supporting this Bill and making it law. It has been too long, and today is an important day.

--- Later in debate ---

[Paul Waugh (Rochdale) (Lab/Co-op)]

This legislation is all about a fundamental rebalancing of power between the state and the citizens it is meant to protect and serve. We have heard powerfully today from many Members about the Hillsborough families and their enduring quest for the truth. Briefly, I would like to add the nuclear test veterans to that list of campaigners for justice, including my constituent, 88-year-old John Morris.

When John was stationed on Christmas Island in 1956, he was told that British troops were building a new runway. In reality, they were testing nuclear weapons, but the weapons that were intended to keep Britain safe from the Soviet threat were far from safe for the men who were out in the south Pacific—they were effectively treated like lab rats, with little or no protection from harm. John is one of 22,000 British troops who were exposed to radiation while on service in the 1950s, and who have campaigned for years about the cancers and other side effects they endured.

John’s son Steven died at just four months old from birth defects. For 50 years, John and his wife faced repeated indignities. They were wrongfully questioned on suspicion of having murdered their son, denied information about how and why their son died, and denied John’s own medical records. Finally, a coroner’s report suggesting that Steven’s lungs might not have formed properly was revealed. John himself has had cancer, and has had a blood disorder since he was 26 years old. He sent me a message today:

“Great news about the Hillsborough law…for us vets, it’s very positive”,

because it will

“make our lives much easier”

in getting the answers they demand. He is pleased that in September, the Prime Minister agreed to meet him to discuss the issue further, and he is looking forward to that meeting.

There is another Rochdale resident whose campaign will, I hope, also benefit from this new legislation: 83-year-old Sylvia Mountain, who used the pregnancy test drug Primodos, which has already been mentioned by some of my hon. Friends. She gave birth to her son Philip in 1963, but Philip died of birth defects just 22 days after he was born. Today is the anniversary of the day her baby died, 62 years ago. Sylvia was told by doctors at the time to stop being “hysterical”, and has been told that no medical records exist to explain her son’s death, but many other women who were prescribed Primodos suffered similar birth defects in their children, as well as stillbirths and miscarriages. Victims of the Primodos test are still waiting for answers. For more than half a century, these families have faced a culture of concealment—of suppressed evidence, misleading official conclusions, and denial of responsibility.

John and Sylvia—two Rochdale pensioners in their 80s, whose lives have been overshadowed by tragedy and loss in ways that are very different, but also very similar—personify the decades of injustice that this legislation is intended to prevent from ever happening again. I pay tribute to both of them for their resilience in the face of unspeakable tragedy and suffering, and am proud to have them as my constituents. John and Sylvia want the state to recognise its responsibilities before it is too late for them and others like them. It is in their name, and that of all the other victims of state power and cover-ups, that I welcome this landmark Hillsborough Bill today, a Bill that it has taken this Labour Government to make a reality.

[Madam Deputy Speaker (Caroline Nokes)]

That brings us to the wind-ups. I call Mike Wood.

--- Later in debate ---

[Douglas McAllister (West Dunbartonshire) (Lab)]

The Bill provides for parity of representation, and will expand non-means-tested legal aid so that bereaved family members can secure advocacy at inquests where a public authority is an interested person, but it does so, as I understand it, only in England and Wales. Of course, justice is a devolved issue, but can the Minister confirm that, despite months of engagement with the Scottish Government on this UK-wide legislation, the SNP Government have failed to confirm that non-means-tested legal aid will be available in Scotland, resulting in Scots families still relying on charity to gain access to justice—

[Madam Deputy Speaker (Caroline Nokes)]

Order. Interventions need to be short.

[Alex Davies-Jones]

I welcome my hon. Friend’s intervention, which gives me the opportunity to address some of the issues concerning devolution that were brought up in the debate. A number of hon. and right hon. Members talked about whether this Bill will apply UK-wide, and I can confirm that the duty of candour provisions will apply UK-wide. However, as hon. and right hon. Members will know, justice is devolved in Scotland and Northern Ireland, so the legal system does not apply there in the same way that it does in England and Wales, which is why some of the criminal offences do not apply. It is for Ministers in Scotland and Northern Ireland to request whether this legislation applies to those nations. Conversations have been positive, and we have engaged very closely with our counterparts in Scotland and Northern Ireland on this point. We hope that these measures will apply UK-wide, but we cannot mandate for other nations that are not in our jurisdiction.

My hon. Friend the Member for West Dunbartonshire (Douglas McAllister) made an important point about legal aid. It is for the Scottish Government to determine whether they will apply the same provisions that we are providing for England and Wales. We are providing non-means-tested legal aid for any bereaved person at an inquest where the state is a represented party. It is for Scottish Ministers to determine whether they want to apply the same.

We have had a lot of talk this evening about how long this Bill has been in the making. My hon. Friend the Member for Llanelli (Dame Nia Griffith) mentioned that she was proud that it is a Labour Government, in just over our first year in office, who have brought this Bill to the House. The Conservatives had 14 years to do something about this issue, and they failed. The SNP Government in Scotland have had 20 years to do something, and they have failed. It is a Labour Government who have chosen to bring forward this Bill and to do something about this, to ensure that families get parity on legal aid and that a duty of candour applies across all our public services.

A number of speeches this evening addressed protection for whistleblowers. I reaffirm my commitment to hon. Members that the Bill does require all authorities to set out a process to raise concerns, and to ensure that procedures are clear and accessible for whistleblowers. The hon. Member for Wells and Mendip Hills (Tessa Munt), who is vice-chair of the all-party parliamentary group for whistleblowing, requested a meeting with me. I will happily meet her to discuss this matter further, because it is important that we address it.

A number of Members raised the issue of the media, but they will know that that is out of scope of this Bill. This Bill provides a duty of candour for public authorities and public servants. We will ensure that public service broadcasters operate within what they are permitted. However, it is important to note that since the calls for Leveson and Leveson 2 were introduced, the media landscape has drastically and dramatically moved on.

The public do not consume media in the same way any more. The vast majority of the British public consume their media via social media. I am pleased that the Secretary of State for Culture, Media and Sport was on the Front Bench when these issues were raised. She has made a commitment, and she has already met some of the families of victims to discuss what more we can do to tackle disinformation and misinformation, particularly about disasters and issues that arise in public and are then put on social media. I will continue my conversations with her as the Bill progresses to ensure that we address that.

My hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders) gave a fantastic speech about how we need to be reasonable, proportionate and fair. I want to assure him that, when it comes to legal aid and the parity of arms that is so integral to the Bill, coroners do have the powers to enforce what is considered reasonable and proportionate under the Bill to ensure that families are not faced with an army of barristers when they have a publicly funded lawyer advocating for them. That is not the intention, and we have put that in the Bill.

A number of hon. Members mentioned the definition of harm, and I want to reassure Members again that there is a very low bar for meeting this test. We have ensured that it does cover mental distress, and that that is not the only measure for a criminal offence. The hon. Member for Aberdeenshire North and Moray East (Seamus Logan) mentioned those who falsify statistics—crime statistics, for example—where harm would not necessarily come into play. If an officer falsified crime or other statistics to make himself or the police force look better, that would come under the offence of misconduct in public office, so they would be captured in another criminal offence in the Bill.

The right hon. Member for Salisbury (John Glen) talked about something that is very close to my heart. He made an excellent contribution on the need for inquest reform, and inquiry reform more broadly. I wholeheartedly agree with him, as do this Government, which is why the Cabinet Office is taking its time to get this right. It is looking at quite a substantial piece of work, and I will endeavour to keep him updated on it as we are actively developing our proposals.

I hate to have to admit it to my hon. Friend the Member for Bootle (Peter Dowd) but I am also a red, so I think it is actually Liverpool 3—Everton 1. I want to reaffirm my commitment to working with him and all Merseyside MPs—in fact, all Members in this House—and the families, as the Bill progresses, to ensure that it is the strongest possible Bill.

There were excellent speeches from my hon. Friends the Members for St Helens North (David Baines), for Liverpool West Derby, for Knowsley and for Liverpool Wavertree (Paula Barker), who have been excellent advocates for the families of the Hillsborough disaster during their tireless campaigning. I am determined to work with all of them as the Bill progresses to ensure that there is no carve-out for the security services. Just to reassure the House, there is no carve-out: the duty of candour applies to everyone, including the security services and including individuals. However, what is different for the security services is the way in which they report such a breach—they must report it to a senior individual within the service to ensure that national security is protected—and I think we have struck the right balance in the Bill. However, I hear the concerns raised in this House, as there have been concerns raised outside it, and I am keen to engage in such conversations to see if there is anything further we can do on this point.

The hon. and learned Member for North Antrim (Jim Allister) and the hon. Member for Lagan Valley (Sorcha Eastwood) mentioned the Chinook disaster. A commitment has been made to meet Members and families of the victims of the Chinook disaster, and I have made a commitment to be at that meeting to progress those issues.

There were fantastic contributions from Sheffield Members who, as well as the Merseyside MPs, have felt the urgency to bring forward this legislation and the pain of the Hillsborough disaster in their constituencies. My hon. Friend the Member for Sheffield Brightside and Hillsborough (Gill Furniss) said she gave birth not long after the Hillsborough disaster, and talked about how it has always stuck with her that her baby was at home while so many parents did not get to bring their children home.