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

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Department: Ministry of Justice

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

Iqbal Mohamed Excerpts
Wednesday 3rd September 2025

(3 days ago)

Westminster Hall
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Iqbal Mohamed Portrait Iqbal Mohamed (Dewsbury and Batley) (Ind)
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It is a pleasure to serve under your chairship, Mrs Hobhouse. I extend my immense gratitude to my friend, the hon. Member for Liverpool West Derby (Ian Byrne).

On behalf of my independent alliance colleagues, I begin by paying tribute to the Hillsborough families, survivors and campaigners who for decades have fought with extraordinary courage and perseverance. Their demand has always been simple: for the truth to be told as it is so that families can find closure and not face barriers in their pursuit of justice for their loved ones. Their legacy is the Hillsborough law: a legal duty of candour on public authorities and officials, and equal representation for bereaved families. That was promised by the Government. With trust in politicians at an all-time low in our country and around the world, I appeal to the Government to please honour their promise. I am not asking for anything different or anything more.

With high-profile tragedies such as Hillsborough, Grenfell, the Manchester Arena bombing, Horizon and infected blood, the need for such a law is undeniable. I attended the statement made yesterday by the Under-Secretary of State for the Home Department, the hon. Member for Birmingham Yardley (Jess Phillips), on child sexual abuse. Without the Hillsborough law, that inquiry may not uncover the truth about what people withheld and how many victims could have been prevented from abuse or supported in their time of need, so please—this is critical.

I will skip to one additional point. Justice is about not just how we respond after a disaster but the systems we put in place to prevent injustices from happening again. Too often, families are forced into painful struggles because institutions have failed them. While we respect the work of our public servants, we must recognise that failures within the NHS, the police, local government and the courts are sometimes systemic. One such issue relates to critically ill children, where parents have to go through adversarial court battles to get second opinions and treatment for their children. I urge the Government to look into that and to pass the Hillsborough law as promised so that those things can be addressed.

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Lizzi Collinge Portrait Lizzi Collinge (Morecambe and Lunesdale) (Lab)
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It is a pleasure to serve under your chairship, Mrs Hobhouse. I want to speak about transparency and accountability in healthcare, and about my constituents Ryan and Sarah, and their daughter Ida. Ida died in 2019 at seven days old. She died from brain damage caused by failings in her care. Those failings could have been avoided. There were eight missed opportunities to save Ida, and in the wake of her death, Ryan and Sarah have had to fight every step of the way to get the truth. After the hospital trust’s completely inadequate internal investigation declared that there were no issues with Ida’s care, her death was graded as “moderate harm”. Ryan and Sarah had to contact a senior coroner to request a full inquest, and only during that inquest this year—six years later—did the trust finally accept its failings. That is five and a half years in which Ryan and Sarah have had to fight for the truth; five and a half years in which the trust not only denied its failings, but covered them up.

For truly safe healthcare we must strengthen the ability of staff to speak up and speak out safely. People need to be thanked for raising concerns. But when problems are covered up, there needs to be accountability. For Ryan and Sarah, the grief of Ida’s death was made even harder by the denial and cover-up that followed.

Iqbal Mohamed Portrait Iqbal Mohamed
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This is a harrowing story about Ida and Sarah. Does the hon. Member agree that not every person who is impacted by failings of state, and who has lost family and loved ones, has the resources, time and energy to fight for five and a half years?

Lizzi Collinge Portrait Lizzi Collinge
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I absolutely agree. People should not have to have this fight. They should not have to have resources to take on hospital trusts or the state. They should not have to do that; his point is well made.

When mistakes are hidden or dismissed, families lose faith not only in an individual hospital or organisation, but in the very systems that are meant to protect them. It is our responsibility to ensure that no other family has to endure what Ryan and Sarah went through, and that no other baby dies in that way. Accountability cannot be optional, and honesty cannot be negotiable.

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Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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It is a pleasure to serve with you in the Chair, Mrs Hobhouse. I pay tribute to my fellow Red, my hon. Friend the Member for Liverpool West Derby (Ian Byrne). His tireless campaigning on behalf of victims and survivors—the 97, the Grenfell families, the MEN arena families and every family failed by the state, of which there are sadly so many more—has been remarkable and inspiring, and he has always ensured that they have had a voice in this place. I also thank colleagues from across the House for coming to this important debate and for all of their engagement, encouragement and support as we seek to make sure that this legislation is truly worthy of being called a Hillsborough law.

I have heard that the time for warm words is over, but I want to reaffirm this Government’s ironclad commitment that we will put the Hillsborough law on the statute book. We will deliver on our manifesto commitments to place a legal duty of candour on public servants and authorities, and we will provide legal aid for victims of disasters or state-related deaths. The Hillsborough disaster is one of the greatest stains on British history, and the families, survivors and those who lost loved ones have shown endless determination to get justice. As others have said, they should have been allowed to grieve, love and remember in peace. Instead, they have spent decades searching for truth and justice.

The Government are clear that what happened following the Hillsborough disaster must never happen again. As Members are aware, the Government committed to bringing forward a Bill ahead of the 36th anniversary of the Hillsborough disaster, on 15 April this year. We did not meet that deadline, and I regret that. Any further delay simply compounds and prolongs the families’ fight to ensure that nothing like Hillsborough can happen again.

The Government worked with campaigners on a draft Bill, and when it became evident that that Bill would not fulfil the aims of the campaign, or meet the expectations of the families, we decided to take more time and get this important piece of legislation right—to deliver a legacy, to deliver a Bill that is truly worthy of being called a Hillsborough law. We committed to working further with them, and we have done that. I pay tribute to everyone who has helped with the process.

We are working in collaboration with stakeholders, campaigners and families as we develop this policy. We are clear that our approach must be families first. Before we bring any legislation to either House on this important issue, or announce precisely how we intend to deliver the manifesto commitments, we must bring this to families first. That is the least they deserve.

Iqbal Mohamed Portrait Iqbal Mohamed
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On timelines, will the Minister elaborate on how long the Government expect to need before they can present something to the House?

Alex Davies-Jones Portrait Alex Davies-Jones
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I am grateful for that question. I have heard the frustration and anger, both in this place and outside it, in relation to the need to introduce this quickly and urgently, but we have also heard directly from families about the need to get this right. It is our opportunity to do this, once and for all, and we will not rest until we get that right. I therefore refuse to put a timeline on it, but I do know that we need to do this quickly, and I have heard that today. First and foremost, however, it has to be done with the families first, and we will not proceed with anything that does not have their blessing and backing.