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

Derek Twigg Excerpts

Wednesday 3rd September 2025 Westminster Hall

[Derek Twigg (Widnes and Halewood) (Lab)]

I congratulate my constituency neighbour, my hon. Friend the Member for Liverpool West Derby (Ian Byrne), on his excellent speech.

I was present in this House in 1998 when the then Home Secretary Jack Straw made a statement on the conclusions of the Justice Stuart-Smith review of the evidence and papers relating to the Hillsborough disaster, which I will quote. If anything, this justifies and underlines why we need this change in the law:

“Taking those and all other considerations into account, the overall conclusion that Lord Justice Stuart-Smith reaches is that there is no basis for a further public inquiry. He also finds no basis for a renewed application to quash the verdict of the inquest, and he concludes that there is no material that should be put before the Director of Public Prosecutions or the police disciplinary”.—[Official Report, 18 February 1998; Vol. 306, c. 1085.]

The independent panel report and the subsequent inquest followed. How misspoken was that set of words in this House. That justifies why we need this change in law.

We are again seeing continued delay. This a question of government machinery. As we have seen through the history of the campaign, delay has followed delay. There is often pushback from Whitehall and the wider public sector machine, finding problems but not solutions. It is a concern that there are issues that have not been resolved by now, and the continued delay breeds suspicion and distrust in the state’s ability to act competency and fairly. I do not doubt that there are legal matters that need addressing, but why have they not been resolved by now?

In previous Parliaments, progress was made with respect to the Hillsborough justice campaign when there was firm direction and action from Ministers, including from two previous Home Secretaries—the right hon. Alan Johnson and Baroness May of Maidenhead. They set up the independent panel and took action on its subsequent groundbreaking report. If there is a will, and direction and determination from Ministers, solutions can be found and barriers removed. There must be a duty of candour for civil servants and public servants, and parity of legal representation. Such a Bill could help to improve and repair public confidence in the Government.

--- Later in debate ---

[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.

[Derek Twigg]

I welcome much of what the Minister has said. She said in the early part of her speech that there would be a duty of candour and legal aid for people, so can she be clear about why there is a delay? If that is what will be in the Bill, why is there a problem?

[Alex Davies-Jones]

I thank my hon. Friend for that. It has taken some time to get this right, but we are committed to introducing the Hillsborough law with parity of arms and that statutory legal duty of candour, and we hope to bring that forward as soon as possible. We have worked in conjunction with the families and campaigners to make sure that we have got it right, and we feel that we are almost there.

The Bill will help to ensure that what happened following the Hillsborough disaster will never take place again, and it will undoubtedly change the culture in public authorities for the better. Until that moment, it is crucial that we are guided by the families-first principle. Engagement and conversations on this policy must take place with them before any update is given to the House or the media. Hon. Members will therefore appreciate that I am limited in what I can say today. However, I confirm that our Bill will include the pillars that are vital to the families: that legal duty of candour for public servants, with criminal sanctions for those who do not comply, and measures to rebalance the inquest and inquiry processes to tackle the disparity of power that can exist between the state and bereaved families. We will make good on our manifesto commitment to provide legal aid for victims of disasters or state-related deaths.

I hope that I have reassured hon. Members that the Government are absolutely committed to the Bill. Any absence of update has been not an absence of work but because we have had to put the families first. It is vital that we get this landmark legislation right for them, and that when the Bill finally becomes law, it achieves the change expected by those who have campaigned tirelessly for so long. After all, the Bill is for them.

When the legislation comes into force, it will stand as part of the legacy of Hillsborough and change the country for the better. It will be a law for everyone who has suffered when truth and justice has been concealed behind the closed ranks of the state.

Question put and agreed to.

Resolved,

That this House has considered duty of candour for public authorities and legal representation for bereaved families.