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

John McDonnell Excerpts
Wednesday 3rd September 2025

(3 days, 6 hours ago)

Westminster Hall
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Ian Byrne Portrait Ian Byrne
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I thank my hon. Friend for making that point; she is spot on.

Out of sheer desperation at the situation, in July I used a private Member’s Bill, the Public Authority (Accountability) Bill, to reintroduce the original Hillsborough law—the 2017 version. The Government rejected it, so here we are today, without the Hillsborough law, fighting against those same vested interests, and the clock continues to tick while people’s belief in politics and politicians continues to erode.

Let me be absolutely crystal clear for the Government: a full duty of candour with criminal sanctions is non-negotiable in any legislation bearing the name of Hillsborough. It is not a technicality; it is a moral imperative, and it is a moral and legal imperative that it sits at the heart of every inquiry, investigation and inquest, local and national—no exceptions. Nothing less will change the culture, because carve-outs become cover-ups, and this must never be allowed to happen again. Simply, if it had been law at the time of Hillsborough, we would not have waited decades for justice. So much pain and suffering could have been avoided, and families could have grieved for those lost instead of fighting the state for truth and justice. The duty of candour is about accountability. It is about preventing cover-ups, and it is about restoring public trust.

The second pillar of the Hillsborough law is legal parity, which is equally vital. Time and again, bereaved families have faced the might of the state with no legal support, while public bodies are armed to the teeth with expensive teams of lawyers. Parity of arms is essential to stop false narratives being spread and families feeling like it is them who are on trial. That imbalance is not just unfair; it is grotesque. I pay tribute to Deb Coles and the team at INQUEST for their constant championing of this. Their work was highlighted in “All or Nothing: A report on the Hillsborough Law Family Listening Day”. I urge everybody in this room and beyond to read it, to understand why parity of arms is so fundamental to gaining truth and justice.

If the Government resist a full duty of candour without exception, what does that say? Do they believe public officials should be allowed to lie with impunity? Do they believe families should continue to be denied justice? Opposition to this legislation is not about practicality. It highlights the power of vested interests. It is about protecting the status quo—a status quo that has caused untold harm to so many. The ball is now in the Government’s court. More specifically, it is in the Prime Minister’s court.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Ind)
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I should explain to my hon. Friend that I will have to leave the debate to attend a meeting about the violence meted out in a demonstration outside an asylum hotel in my constituency, but I want to make this point very clear. Labour is going to Liverpool for its conference in three weeks’ time. If this legislation is not sorted by then, it should not expect a welcome from the people in Liverpool, because we have waited too long.

Ian Byrne Portrait Ian Byrne
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I could not agree more with my right hon. Friend.

The Prime Minister has the ball in his court. He has made personal commitments to Liverpool, to the Hillsborough families and to survivors of other state-related scandals. He is perhaps the most qualified Prime Minister in history to understand why this matters, but understanding is not enough. We need courage, we need leadership, and we need action.

I have met countless campaigners who are formidable, tireless and brave. They have been underestimated by the establishment for far too long, but they will not go away, and neither will I. As somebody who was at Hillsborough, I carry this fight in my bones. I will not rest while injustice persists, not just for those who died at Hillsborough, but for everyone who has been wronged by the state. Unless the state learns from its mistakes, it will repeat them, and lives will continue to be destroyed. The time for delaying is over, and the time for diluting promises is over. We must legislate, we must protect truth, and we must honour those who have died at the hands of the state, and those who have fought for justice on their behalf, not with words, but with law.