Public Office (Accountability) Bill (Carry-over) Debate
Full Debate: Read Full DebateJim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Department Debates - View all Jim Shannon's debates with the Ministry of Justice
(1 day, 8 hours ago)
Commons ChamberI beg to move,
That if, at the conclusion of this Session of Parliament, proceedings on the Public Office (Accountability) Bill have not been completed, they shall be resumed in the next Session.
This motion is purely procedural, to allow the Bill to be carried over to the next Session and for the remaining stages to take place following the King’s Speech. The Government remain absolutely committed to delivering this Bill. As the House will be aware, it was introduced into this place on 16 September 2025, with its Commons Committee stage taking place in November and December last year. I want to thank again all the Bill Committee members from across the House for their work on this fundamentally important Bill. This motion will allow the Commons remaining stages to take place at the start of the next Session before the Bill moves on to the other place.
The Bill is a product of the decades of campaigning from families affected by state-related deaths and tragedies. We have heard from a range of campaigns, from families and from those affected, on the desperate need for change to ensure that when things go wrong, public authorities will act with candour and transparency, and in the public interest.
I thank the hon. Lady for bringing this forward. There is much in the Bill to be recognised and welcomed, but does she agree that this is not just about the Hillsborough tragedy, which was awful, but about my constituents in Strangford, who, when they seek the truth from public bodies, are met with a wall of silence or, worse, a culture of circling the wagons? Does she further agree that the legal duty of candour is not just about paperwork and that it must be about restoring the fundamental bond of trust between the Government and those who govern?
I could not agree more with the hon. Gentleman. He is fundamentally correct that the Bill is about much more than just the duty of candour. This is about rebuilding the trust between the public and the state. It is about ensuring that there is accountability, transparency, openness and parity, and that the state remembers who it is that we are meant to serve. This is not just about the Hillsborough law, although this legislation will hopefully bear that name; it is about all those campaigns that have suffered as a result of state cover-ups and tragedies. It is really important that we recognise all those campaigning under the umbrella of the Hillsborough Law Now campaign.
At inquiries, inquests and investigations, public authorities and officials will be put under powerful obligations to help investigations to find the truth. They will all be legally required to provide information and evidence with candour, proactively and without favour to any of their own positions. Public servants will also be placed under a new professional duty of candour, which will be set out in each organisation’s mandatory code of ethics. This will ensure that individuals act with integrity and honesty at all times in their day-to-day work. The families made it clear to us that when it becomes apparent that someone has sought to evade accountability or prevent the truth from being uncovered—whether through dishonesty and deliberately withholding information, or through the perpetuation of false narratives—there must be clear accountability and appropriate sanctions.
The Bill will provide this through a new criminal offence of breaching the duty of candour and a new criminal offence of misleading the public. It will also provide non-means-tested legal aid for bereaved families at inquests where a public authority is an interested person, and place a duty on all public authorities to ensure that their use of lawyers is proportionate. It represents an important milestone in rebalancing the system, ensuring that the bereaved, grieving families are supported to participate in the inquest process where the state is represented, introducing the parity of arms that we have heard so much about. It also helps to ensure proper standards of conduct by public authorities at an inquest or inquiry.
Drawing on experiences shared with us by the families, the Bill will introduce measures placing a duty on all public authorities, and those that represent them, to act in line with statutory guidance and to support families’ participation in the process. Where there are concerns regarding the conduct of public authorities or their legal teams, the Bill grants the power to the coroner or the inquiry chair to raise those concerns with the appropriate senior individual level of public authority.
The Bill also abolishes the current common law offences of misconduct in public office following the Law Commission recommendations in its 2020 report. In its place will be two new statutory offences: the breach of duty to prevent death or serious injury, and seriously improper acts. By putting these offences on the statute book, we are making it clear what types of behaviour are covered by this offence and who exactly it applies to.
This is a landmark Bill. It will transform the way that public authorities and officials interact with official investigations and will act as a catalyst for the radical change in culture across the public sector that we so desperately need. It will deliver the largest expansion of civil legal aid in a generation and a move away from that culture of cover up and distrust in the state.
The Bill was due to return to the Commons for remaining stages in January. However, as many in this House will be aware, concerns were raised on how the duty of candour and assistance would apply to the intelligence and security services. The Government brought forward several amendments to strengthen the Bill in this area. However, it became clear from our conversations with families and stakeholders that they had concerns about how the accompanying safeguards we proposed might work in practice. We have always been clear that this is a Bill for and by the families, and where they have concerns, we will always listen.
It would be remiss of this House not to put on record our thanks to the hon. Gentleman and the hon. Member for Liverpool Wavertree (Paula Barker) for all their hard work to make this happen, and for their endurance, perseverance, determination, courage and commitment. We are all greatly moved by the efforts they have made over the years, and because of them, the Minister and this Government have brought forward a legislative change, with this carry-over motion tonight. This great United Kingdom of Great Britain and Northern Ireland is better off for their collective efforts.
I thank the hon. Gentleman for those kind words.
The Minister and I both stood for election in 2024 on a clear manifesto commitment to deliver the Hillsborough law in full. The Prime Minister promised on multiple occasions that passing the Hillsborough law would be among the first acts of this Government, yet two anniversaries of Hillsborough and an entire parliamentary Session have passed without it being delivered. That is simply not good enough. I hear that certain Ministers oppose this legislation due to pressure from the security services and the Ministry of Defence, and that is precisely why leadership is required. The buck stops with the Prime Minister. We must push through disagreement and ensure that this Bill is delivered in its entirety.
Every delay causes real and profound distress to bereaved families, survivors and campaigners—people who have spent decades fighting for truth, justice and accountability against a state that failed them and sought to cover up those failures. Crucially, as we have always said, this law is vital for the many people who do not yet know that they will one day need it, so it is essential that this carry-over motion is not merely a procedural device to keep this Bill alive, but a clear signal of the Government’s intention to implement the Hillsborough law in full at the earliest opportunity, as has been promised. This motion must now be matched with urgency and action.
The truth is that if the political will existed, this could be resolved in a single day by the Government adopting my amendments, which would restore the Bill to the full Hillsborough law that was promised. I commend every single person who has fought for this legislation. It is my job in this place to ensure that the Government deliver a Hillsborough law worthy of the name. It is rightly described as a legacy for many, but more than that, if we get this Bill right, it will ensure that state cover-ups are far harder to carry out in future. That would be a legacy of real and lasting value to this country, for future generations, and for those whom we will never forget.
A duty of candour that applies to all and ensures that nobody is above the law is essential to groups still fighting for justice. That includes families affected by the nuclear test scandal and those impacted by the Chinook disaster, whose pursuit of truth has been obstructed for far too long. In both cases, it is understood that thousands of documents remain restricted, despite the events being decades ago. There must be no built-in escape route, whereby any state body can decide for itself what evidence it provides to an inquiry or an investigation, as exists in the Government’s current provisions; that would be carte blanche for future cover-ups. Campaigners on these causes have stood shoulder to shoulder in the fight for a Hillsborough law, and I and many other hon. Members from across the House will not abandon them now, nor should this Government. Any proposed amendments that weaken that commitment must be withdrawn.
My amendment 23, which is supported by more than 70 Members of this House, would remove the carve-out for the intelligence and security services that exempts them from the duty of candour. Since the Bill was shelved in January, no Minister has been able to explain why my amendments cannot be accepted, or why those services should not be subject to the same duty. The amendment, which is fully supported by all campaigns connected to the Hillsborough law, simply applies existing national security safeguards that are already used elsewhere to the duty of candour. This ensures that those bodies are not placed above the law, while maintaining full protection for national security. The Government’s stated concerns about national security therefore do not withstand scrutiny. My amendments would have zero adverse impact on national security, so as the parliamentary lead for the Hillsborough law, I ask again: why can those amendments not be adopted, and why can the full Hillsborough law not be passed when the House returns in the next Session?
In what has been a difficult 18 months for this Government, marked at times by damaging and totally avoidable political choices, we must not allow this to become another self-inflicted wound, snatching defeat from the jaws of victory. The Hillsborough law is far too important. Delivered in full, it would be transformational, placing social justice at the very heart of Government and showing the public clearly and convincingly whose side we are on. I know that that is what we both want, Minister. A firm commitment without delay to delivering on this Government’s promise is the very least that those who have fought for justice for so long deserve. It must happen as soon as this House returns in May.