Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Charlotte Nichols Excerpts

Wednesday 3rd September 2025 Westminster Hall

[Alex Davies-Jones]

I will happily do that for my hon. Friend. I want to put on record our thanks to Pete Weatherby KC, Elkan Abrahamson, all those at Hillsborough Law Now, Andy Burnham and my hon. Friend the Member for Liverpool West Derby for the Bill that was drafted in 2017. That Bill has been our guiding north star as we seek to draft a workable, practical and actually deliverable piece of legislation.

We need to remember that we will be legislating on a duty of candour for more than 1.9 million public servants. We need to get that right, with no unintended consequences, and it needs to be worthy of the families. I will happily meet with anyone, but my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will be aware that I cannot outline the details at this stage. However, I will in due course.

I want to place on record my thanks to Inquest, as other Members have. In February, it held a family listening day for the Government on this very important issue. We rightly refer to the Hillsborough families in this debate. However, as we have heard, the campaign is much bigger than that. It is for anyone who has ever had to fight for the truth in the face of state denial and institutional cover-ups. It will stop anyone else having to go through what they endured. It is for those affected by the infected blood scandal and for those who fought for the truth and to clear their names in the Post Office Horizon scandal. If is for those affected by the horrific fire in Grenfell Tower, for nuclear test veterans, for those affected by Primodos, the MEN arena victims and, sadly, many, many more.

Inquest brought together representatives from those areas as well as other campaign groups, including those who have had difficult experiences at inquests. The event asked the question: what would make a good Hillsborough law? Inquest’s report from that day, titled “All or Nothing”, which is available online, has been instrumental for the Government in understanding exactly what is needed to rebuild trust and help improve the experiences of those involved in inquests and inquiries.

[Charlotte Nichols (Warrington North) (Lab)]

Too often, bereaved families are left with no legal representation at the inquests of their loved ones. Does the Minister agree, as per our manifesto commitment, that the Government must provide state-funded legal aid to families at inquests and inquiries following state-related deaths and disasters to level the playing field between victims and the establishment?

[Alex Davies-Jones]

My hon. Friend is right, and I thank her for that important point. Sadly, I have heard time and again that it is David versus Goliath at inquests and inquiries, with predominantly vulnerable, working-class families left without support, having to crowdfund for a barrister—it is the Mini versus Rolls-Royce example of which we heard previously. We are committed to ensuring a parity of arms so that no family will ever have to go through that again. That was in our manifesto, and we will deliver on that promise.

The Government are keen to meet that wider group again to thank them for their time and to explain how their experiences have shaped the Bill’s development once the policy is finalised. However, I cannot mention the Hillsborough law without mentioning Hillsborough Law Now and the families bereaved by Hillsborough, because without them there would be no Bill; that cannot be forgotten. Their bravery, strength and unwavering love for their loved ones is more than admirable. They have spent decades fighting for the truth while watching the names of their loved ones be tarnished and having had their reputations and actions called into question. Too often, they have felt that everything was stacked against them. Their determination is selfless and inspirational, and it has no doubt inspired others who have sought justice when it seemed all but impossible.

I met Hillsborough Law Now and family members several times over the summer, which was an honour and a privilege. I thank them again for giving up their time. Our engagement has been open and constructive, and their feedback crucial in helping to find solutions that achieve the campaign’s intentions without any unintended consequences for the public sector. We believe that we are close to finalising a Hillsborough law that families and campaigners will be proud of.