Public Office (Accountability) Bill Debate

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Department: Ministry of Justice
Paula Barker Portrait Paula Barker (Liverpool Wavertree) (Lab)
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I rise to support new clauses 5 and 6, tabled by my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter). I welcome the Prime Minister’s remarks, and I am relieved that the Government have listened, so that the duty of candour will apply in full to members of the security services, and the Bill will finally reach the statute book.

I pay tribute to all those who have fought so long and so hard for this Bill, including the families, the Hillsborough Law Now campaign, and my fellow Merseyside MPs, in particular my right hon. Friend the Member for Liverpool Garston (Maria Eagle) and the hon. Member for Liverpool West Derby (Ian Byrne). I also thank Pete Weatherby KC, Elkan Abrahamson, and my right hon. Friend the Member for Makerfield (Andy Burnham), who introduced the first Hillsborough law Bill in 2017, after addressing the 20th anniversary in 2009 when he was Culture Secretary.

I was stood on the Kop that day, when a lone voice shouted out “Justice”, and it then turned into a chorus of voices that was the catalyst for the Hillsborough independent panel. The report of the Independent Office for Police Conduct in December recounted once again the horrifying events that took place, and the disgraceful attempt to blame the victims and hide the truth, as well as the appalling response to the report from South Yorkshire Police Federation. It showed exactly why this legislation is so desperately needed, and why new clauses 5 and 6 are so important.

In the 2017 Manchester Arena attack, MI5 was found by a public inquiry not to have given an accurate picture of the key intelligence that it held on the suicide bomber who carried out the attack. New clause 6 would mandate that the duty of candour and assistance applies to the intelligence services as it does to other public authorities. However, it establishes safeguards for sensitive information, and adjusts individual reporting obligations for intelligence personnel, routeing candour requirements through agency record-keeping arrangements and the head of the organisation. New clause 7 would require the Secretary of State to commission and publish an independent report annually. That would serve as a formal oversight mechanism to monitor compliance with the statutory duties outlined in the Bill.

The passage of the Bill has been too long delayed, and we have finally reached this point only because of the strength and bravery of the families of the 97 who died as a result of what happened on 15 April 1989. I am particularly thinking today of my constituents Keith McGrath, who died aged just 17, and Andrew Devine, who was 22 when he suffered horrendous injuries that day, and who died as a result of them in 2021 aged 55, after being cared for devotedly in the years after the disaster by his family, in particular his parents.

The families of the 97 who died have continued to fight for accountability and justice, despite the years of official denials, and the deliberate attempt to hide the truth of what occurred that day. They have fought for a Hillsborough law worthy of the memory of the 97, but not just for them, which shows their decency, resilience, and wider sense of public spirit. They refused to accept legislation that would have allowed an exemption for the security services because of their concern for others who have suffered injustice: the families of victims and survivors of the Manchester Arena bombing, the Grenfell Tower fire, nuclear test veterans, the Post Office Horizon scandal, and so many other tragedies where it has taken far too long for the truth to emerge.

As my right hon. Friend the Member for Liverpool Garston said in her intervention, there are still points to address. For example, the Bill does not provide for full equity of arms, funding, and legal resources for public authorities and bereaved families. Nevertheless, it is important that the Bill will finally pass into law before the summer recess. The families of all those who died or were injured at Hillsborough should not have had to wait 37 years for this legislation. They have been cruelly denied accountability and justice, but they have fought with incredible courage to ensure that in future other families will never have to fight for decades, as they have had to fight for the truth to come to light. This is their day, and I pay tribute to them once again. Justice for the 97.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the Liberal Democrat spokesperson.

Jess Brown-Fuller Portrait Jess Brown-Fuller
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I wish to speak to the amendments and new clauses tabled in my name on behalf of my party. Up and down the country, those who have been failed by state institutions, unheard and ignored for years, will today be relieved that this hurdle has been cleared and the Hillsborough law can finally progress. I pay tribute to those campaigners, many of whom are with us in the Gallery, for their courage and perseverance through years of campaigning, and for never saying, “That’ll do”, and instead making sure that the Hillsborough law was delivered in full.

This is known affectionately as the Hillsborough law, but it represents many victims and their loved ones. Be it the Post Office scandal, the Manchester Arena attack, the contaminated blood scandal, Grenfell Tower, nuclear weapons testing veterans, the pelvic mesh scandal, LGBT veterans, or any of the many others, those individuals have stood up for the voiceless and demanded change. These are scandals in which countless individuals have lost their lives or livelihoods, or suffered life-changing injuries.

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Jeremy Wright Portrait Sir Jeremy Wright (Kenilworth and Southam) (Con)
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It is a privilege to follow the hon. Member for Widnes and Halewood (Derek Twigg), my colleague on the Intelligence and Security Committee. I agree with everything that he has said.

It is important to begin by recognising the remarkable determination of everyone who has sought to translate immense personal pain into an improvement in the way in which the state treats its citizens. That applies to the families who have campaigned so hard and to Members of this House who have applied their own determination to that task.

As the hon. Member for Widnes and Halewood and many who have spoken in this debate have said, the obstacle to delivering this legislation has really very clearly been the extent to which the duty of candour should apply to the intelligence services and to others for whom full candour may be inconsistent with professional duties, as well as the additional safeguards and modifications that would need to apply to the Bill to enable it to safely cover such people without preventing them from doing their vital work effectively.

As the hon. Gentleman said, the Government asked members of the Intelligence and Security Committee, including me, to become involved in the process of resolving that challenge. As the House would expect, we engaged with that process as diligently as we could, with no partisan politics, in an effort to make good law in the pursuit of greater state transparency while preserving our national security equities. As the hon. Gentleman will recall, we spent many hours on the task, engaging with both the Government and those representing the Hillsborough families.

It probably would not be right or practical, in the time available, to go into the detail of all the positions taken over many months, but it is fair and important to say that throughout that time, those representing the Hillsborough families have maintained that measures and protections in existing law would prevent national security from being jeopardised if the duty of candour applied to the intelligence services. The Government, for their part, have maintained throughout this period of many months both consistently and robustly that that is not so.

The Government have maintained that the only way to protect national security is to build additional safeguards, protections and exemptions into the Bill. That appeared still to be their position until very recently. Even yesterday, Government amendment 147, which gives the head of an intelligence agency the right to withhold information altogether in certain circumstances, appeared in the amendment paper for the Bill, as it had done in many previous iterations of that document. In today’s version of the amendment paper, for the first time, that amendment has disappeared and been replaced not with the detailed compromise that Intelligence and Security Committee members, who have been engaged with this process, have been working towards, along with many others, but with Government amendment 157.

Government amendment 157 says, in effect, that protections already existing in the law are good enough after all—the Minister made that clear in what she said—and that no substitute further protections or exemptions need to be built into the Bill. That is a remarkable change of position, and a remarkably fast one. It is up to the Government to decide what legislation they propose to this House, and it is perfectly within their rights to propose amendments to their own legislation. We can all cynically speculate about the reasons why this sudden about-turn has taken place this week, but, as my hon. Friend the Member for West Suffolk (Nick Timothy), who spoke from the Front Bench, said earlier, it is our job to scrutinise this legislation and to ensure that whatever we put in place does justice to the determination of the Hillsborough families and everybody else to put in place a law that does not just sound good, but does good—makes real change and sticks in that task.

I simply have to observe to the Minister and the House that, after all the painstaking work and hours spent, until late last week, on the basis that further safeguards were required—all the amendments drafted, redrafted and redrafted again—the Government have suddenly said that none of that is necessary. What on earth is going on? It seems to me that there are two possibilities. The first is that, for whatever reason, the Government have now cobbled together a rushed compromise that does not adequately protect our national security and that, inevitably and logically, does the job less effectively than their previous amendments sought to do. The Minister has been very clear that that is not the case. I want to take her at her word, because this is an important subject.

That leaves us with the second possibility, which is that the settlement before us—a settlement that effectively replicates what the advocates for the Hillsborough families have been saying for months—could have been delivered to this House a very long time ago. That needless delay has brought a waste of ministerial time, official time, the ISC’s time, frankly, and the time of the intelligence agencies. That time could certainly have been better spent. But, far, far worse than any of that, it has brought an additional, agonising wait for the Hillsborough families and others for the law that they were promised—an additional wait that, it seems, they did not need to endure. I appreciate that the Minister has come to this matter reasonably late, but, whatever else she may need to answer, I am afraid she needs to explain all that to us and to the Hillsborough families.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the Chair of the Justice Select Committee.

Andy Slaughter Portrait Andy Slaughter
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I welcome the Bill, and thank the Government for introducing it and bringing it back to the House before the summer recess. It is the result of years of committed campaigning, led by the families of the victims and survivors of Hillsborough. Many of the worst corporate miscarriages of justice, from infected blood to Grenfell, would have been exposed years or even decades ago, had the Bill become law sooner. We should celebrate a landmark piece of legislation that—like the Human Rights Act 1998 and the Freedom of Information Act 2000, introduced under the last Labour Government—gives power to the citizen and makes the state accountable.

I will focus my remarks on two new clauses that I have tabled, which build on growing calls for a national oversight mechanism. This would be a new, independent public body that collated, analysed and followed up on the conclusions and recommendations made after official investigations into deaths and state failings, in order to improve oversight and implementation of them. At present, there is a critical gap in accountability between the issuing of a report or recommendation and its eventual implementation. It can be extremely difficult for bereaved families, victims and the general public to get information on what changes have actually been made following the identification of failings.

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This law is about far more than Hillsborough. It is about the kind of country we choose to be—a country where power tells the truth, where public servants serve the public, where justice is not delayed until campaigners grow old, and where no family is ever left to walk alone. If we pass this law in the spirit in which it was conceived, the greatest legacy of the 97 will not simply be that they are remembered; it will be that, because of them, this country has finally, finally learned the lessons of Hillsborough. Every time I look at the number on my wrist, I will not simply remember those we lost; I will remember that they changed this country for the better. Never again! [Applause.]
Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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Order. I call Alex Davies-Jones.

Alex Davies-Jones Portrait Alex Davies-Jones
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It is more than a privilege to follow my hon. Friend the Member for Liverpool West Derby (Ian Byrne), and to speak in support of the Government amendments and in favour of the Bill as a whole. This law represents far more than legislation; it represents a promise—a promise that the suffering endured by the Hillsborough families, and all those who have been sadly failed by the state, will never be repeated. It is a promise that no bereaved family will ever again be forced to spend decades fighting and fundraising to challenge the very institutions that should have been helping them to uncover the truth.

For far too long, we have seen a devastating pattern emerge after major public tragedies. Families are left grieving the loss of those they love, only to find themselves caught in secondary trauma, battling against secrecy, defensiveness, delay and denial. Instead of compassion, they encounter obstruction; instead of openness, they face silence. Instead of truth they are met with half-truths—or worse, with lies, missing evidence and institutional self-protection. That is why the duty of candour matters.

A duty of candour is not about punishing honest mistakes. It is about ensuring that public authorities and officials understand that their first duty is not to protect reputations or institutions; it is to protect the truth. Because when institutions close ranks, ordinary families pay the price. When evidence is concealed, justice is delayed, and when facts are distorted, truth is destroyed. When those in positions of power fail to tell the truth, confidence in our public institutions is eroded for generations.

The Hillsborough families know that better than anyone. For 37 years they have carried a burden that should never have been theirs. They have fought not only for the memory of the 97 people who lost their lives, but for something much bigger: the principle that no institution is above accountability, and that no grieving family should ever have to fight the state simply to establish the truth about what happened to their loved one. Their courage has changed this country. They have exposed failures that many hoped would remain hidden. They challenged narratives that should never have been allowed to stand, and they refused to give up, even when the odds were stacked against them.

The Hillsborough families’ determination has become a beacon of hope for countless other families seeking justice. We owe them so much more than our admiration—we owe them action. We cannot stand here, praise their courage and thank them for their persistence, only to fail to deliver the very reforms that they have spent decades fighting for. If we do, what message does that send to every family still waiting for answers? What does it say to those affected by Grenfell, the infected blood scandal, the Post Office Horizon scandal, the Manchester Arena terror attack—and so on, sadly—and to every future family who may one day find themselves seeking truth after tragedy? It says that lessons are spoken about but not learned.

The duty of candour is the mechanism by which we begin to rebuild trust between the public and the institutions that serve them. It changes the culture from one of defensiveness to one of openness; from protecting organisations to protecting people; from asking families to prove the truth, to requiring public authorities to tell it from the very beginning. That is not, and should not be a radical principle or idea. It is the minimum standard that the public should expect from those who exercise public power. That is why I support the Government amendments, as they finally allow the Bill to have the worthy title of “the Hillsborough law”. The amendments stand as a testament to the families, victims and survivors who would never give up—the Manchester Arena attack victims, nuclear test veterans, the Chinook disaster families, and anyone who has had to fight for the truth against the army of the state, and then the intelligence services on top.

If we are to have a true principle and a true duty of candour, then that principle must be applied consistently. It cannot be the case that we champion transparency and accountability with one hand while creating an exemption with the other. A duty of candour that applies only when convenient is not a true duty at all.