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

Steve Witherden Excerpts

Wednesday 3rd September 2025 Westminster Hall

[Ian Byrne]

I agree 100%.

The then chief constable of South Yorkshire police said after the findings of the Hillsborough independent panel in 2012:

“In the immediate aftermath senior officers sought to change the record of events. Disgraceful lies were told which blamed the Liverpool fans for the disaster. Statements were altered which sought to minimise police blame.”

By that point, 23 years after Hillsborough, the game was up. Even South Yorkshire police had to admit that there had been a cover-up of the true facts on an industrial scale.

At the end of the Hillsborough processes in 2020, 31 years had passed. A jury at the inquests had found to the criminal standard of proof, beyond reasonable doubt, that those who died had been unlawfully killed by the gross negligence of the match commander. The police force involved had settled the cover-up cases, having publicly acknowledged that disgraceful lies had been deliberately told by senior officers to shift the blame from the police on to Liverpool supporters. Yet, disgracefully, no public servant or police officer has ever been convicted of any offence or even disciplined. In fact, one of the officers at the very heart of the cover-up, Norman Bettison, not only escaped sanction, but was rewarded. He received a knighthood—a title he disgracefully holds to this day. Truth, but no justice.

Would anybody in this place argue that it was right that those responsible for the 97 unlawful deaths of innocent people walked away without any consequences? I would wager not. However, 36 years after the Hillsborough cover-up, nothing has changed. The very establishments and vested interests responsible for this culture are once again looking to maintain the status quo and the ability to continue state cover-ups and deny justice to those wronged. This place, which has been at the heart of this culture and done so much to enable cover-ups, must acknowledge today that the game is up and act with clarity and moral courage to push back against those vested interests.

That is why we need a duty of candour, which was built into the proposed Hillsborough law of 2017. Establishing a legal duty of candour on public authorities, public servants and corporations that are responsible for public safety would set out a legal principle that they have to tell the truth. Is it not remarkable that that was necessary and remains so?

[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

Does my hon. Friend agree that to change the culture of cover-ups that has caused so much harm to so many, we must have a duty of candour, with criminal sanctions for individuals as well as organisations and authorities?

[Ian Byrne]

My hon. Friend is spot on.

The second aspect of the Hillsborough law would put that new legal principle of truth into practical use by requiring public authorities, public servants and corporations proactively to assist investigations, inquests and inquiries, and providing a legal toolkit to help families and others to make them comply.