Public Office (Accountability) Bill Debate

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Department: Ministry of Justice
Catherine Atkinson Portrait Catherine Atkinson
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I thank my hon. Friend for his intervention. We are seeking a full culture change, and are trying to prevent any kind of attitude of covering things up. I am happy to meet him further to discuss that specific case.

All the work that has been undertaken has enabled us to find a solution that provides full application of the duty, while protecting national security, which is absolutely essential.

Nadia Whittome Portrait Nadia Whittome (Nottingham East) (Lab)
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Will the Minister give way?

Catherine Atkinson Portrait Catherine Atkinson
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I am going to make some progress, and then I will take interventions again.

The amendments before the House ensure that the duty of candour and assistance applies to all individual intelligence officers, while establishing secure procedures for the disclosure of sensitive information. First, the Bill as introduced did not allow compliance directions to be issued to individual intelligence officers; rather, they were issued to the organisation that officers worked for. There were concerns that this effectively amounted to a carve-out for the intelligence services. Our amendments allow compliance directions to be issued to individual intelligence officers, so that the duty applies consistently across the public sector.

Secondly, the amendments establish secure models for the disclosure of sensitive national information. The Government’s objective has always been clear—it has been to ensure that where information can be disclosed, it should be disclosed, while ensuring that proper protections are in place. We have therefore adopted the approach proposed by my hon. Friend the Member for Liverpool West Derby (Ian Byrne), which is to apply existing safeguards to the new provisions. When an individual working for a national security body receives a request for protected information, they must pass that information to the head of the authority, not directly to the inquiry or investigation. The head of the authority is then responsible for sharing it with the inquiry or investigation, subject to all existing arrangements for protecting information in law and practice. Restrictions on disclosure can still be sought, where necessary. Existing arrangements for secure inquiries remain available, and established practices, such as the use of security-vetted counsel, can continue.

Under these arrangements, national security bodies will now be under the same duty to notify as other public authorities, but we have a limited provision to ensure that the right public authority is making the notification, and that this happens in an orderly and secure manner. While the Government support removing this exemption, nothing in this Bill, and none of its practical effects, change our position, which is that national security and the safety of our citizens and public servants must never be compromised.

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Kim Johnson Portrait Kim Johnson (Liverpool Riverside) (Lab)
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I rise in support of new clauses 5 and 6, and Government new clause 8, and I would like to declare my interest as chair of the all-party parliamentary group on miscarriages of justice. As we all know, Hillsborough stands as one of the greatest miscarriages of justice this country has ever seen.

I want to start by joining my colleagues in recognising the strength and resilience of all those who have got us to this point today, including, first and foremost, the families who fought for decades to expose the truth. Some of them have joined us in the Chamber today. They kept the flame burning for 37 long years to get us to this point. I say to them: your refusal to give up the fight for truth and justice has been a guiding light for so many in times of darkness, and today you have succeeded in making sure that other families facing the unthinkable will not have to face the same obstruction, lies, deceit and blame that you had to endure. This Bill will provide families with the certainty that state actors and those in power will be held accountable for their actions. This victory belongs to you and to the 97 who were unlawfully killed in 1989, and who we remember today.

For me, as a very proud Scouser, today is an emotional day. For the people of Liverpool, the fight for justice is deeply personal, born out of tragedy, betrayal and an unbreakable demand for truth. We are a city that knows what institutional failure looks like, and what courage, solidarity and persistence can achieve in the face of it. Too many have campaigned to get us to this point, but I pay tribute to my hon. Friend the Member for Liverpool West Derby (Ian Byrne) for his amazing job in championing the Hillsborough law campaign in Parliament and for refusing to give into pressure when it looked like the duty of candour would be watered down.

Nadia Whittome Portrait Nadia Whittome
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My hon. Friend is making an incredibly emotional speech. I know, from the Nottingham maternity review, the harm and hurt that is caused when people with knowledge and involvement in institutional failures are allowed to dodge accountability and scrutiny. Does she agree that it is therefore vital there is no exemption from the duty of candour, including for the security services, and that campaigners, including our hon. Friend the Member for Liverpool West Derby (Ian Byrne), have been right to fight for so many years for a Hillsborough law that is worthy of the name and that can truly end cover-ups?

Kim Johnson Portrait Kim Johnson
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I totally agree with my hon. Friend that no one should be exempt, and I pay tribute to everybody who has got us here today.

I also pay tribute to my right hon. Friend the Member for Liverpool Garston (Maria Eagle), who has campaigned over so many years in Parliament, and my right hon. Friend the Member for Makerfield (Andy Burnham), whose relentless campaign for justice for the Hillsborough 97 has helped get us here today. I have no doubt that he will do everything he can to get us across the line. The Hillsborough Law Now legal team, Elkan Abrahamson and Pete Weatherby KC, fought very hard to ensure that the duty of candour in the Bill was strengthened and not watered down. This would not have been possible without all their tireless endeavours, and we owe them the biggest debt of gratitude.

Today is not just about the past; it is also about preventing future cover-ups, corruption and police wrongdoing. Today we ensure that no worker, family or community is ever left to fight the state alone. I add my support to new clauses 5 and 6, tabled by my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) and supported by Inquest, which would establish a national oversight mechanism for inquests and inquiries. The amendments are vital to ensuring that recommendations do not sit gathering dust on shelves, and that we establish a body responsible and accountable for implementing them to prevent future harms.

For too long, working-class communities and the families who should have been given the dignity of being able to grieve their loved ones in peace were instead left to deal with industrial-level cover-up. The Bill is a legacy for the victims of Hillsborough. Never again will families have to endure that level of corruption and cover-up and the fundamental failure of police who blamed victims. Never again will police and state actors be allowed to go unchallenged.

Today brings hope to the families affected by other state miscarriages of justice: the victims and survivors of Grenfell; those impacted by the infected blood, Windrush and Post Office Horizon scandals; the nuclear test veterans, who are still fighting for justice; the Cammell Laird 37; the descendants of the Chinese seafarers deported from Liverpool in the 1940s, who are still fighting for truth and an apology; the survivors of the “educationally subnormal” scandal, who are yet to be given the dignity of an apology and compensation for what they were put through; or those black families who are still seeking justice for those who died as a result of police interactions—it is a bitter injustice that, just like Hillsborough, no one has ever been held to account for, and all the police involved walked free. I fully support the campaign to have the former chief superintendent of South Yorkshire police stripped of his knighthood and to have his Queen’s policing medal rescinded.

This Bill has taken far too long to get here, but the fight is not over. More work has to be done in the other place and on implementation. For the victims and so many others, the fight goes on for the justice they deserve but for far too long have been denied. No justice, no peace.