Public Office (Accountability) Bill (Fifth sitting)

Tessa Munt Excerpts

Thursday 4th December 2025 Public Bill Committees

[Ian Byrne]

I thank the Minister for the comprehensive response and the clarity that she has added. With that, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Tessa Munt (Wells and Mendip Hills) (LD)]

I beg to move amendment 30, in clause 11, page 10, line 4, leave out paragraph (b).

[The Chair]

With this it will be convenient to discuss the following:

Government amendment 5.

Amendment 53, in clause 11, page 10, line 33, at end insert—

“’journalism’ means articles for media outlets and news sites. It does not extend to press statements, commentary and social media posts.”

[Tessa Munt]

It is a pleasure to serve with you as Chair, Sir Roger. Amendment 30 removes the exemption for journalism from the offence of misleading the public, showing that no one, including journalists or public officials writing in a journalistic capacity—including in internal newsletters—can avoid accountability for knowingly or recklessly providing false or misleading information. The purpose of tabling the amendment is to close the loophole that might allow public officials to evade that accountability by presenting misleading information under the guise of journalism. The rationale is to strengthen public trust in Government communications, ensure consistency in applying the law regardless of the medium used, and prevent deliberate attempts to mislead the public through media channels.

The amendment responds to various concerns raised by accountability campaigners, transparency advocates and parliamentary scrutiny bodies that the exemption could be exploited, undermining the effectiveness and credibility of the offence. We have seen with cases that we heard about last Thursday when the Committee took evidence, and with some cases that we discussed on Tuesday, that we cannot ignore the damaging role the media has played in many situations. Some of those examples shed light on public servants using the media to set the narrative, with some of the most awful and damaging consequences for people’s lives and for shedding light on the truth.

We know that—appallingly—the media has been used to set the narrative. With amendment 30, we are thinking about the public and how they perceive this place in particular, and the power structures that move around it. The sense is that legitimacy is key.

[Ian Byrne]

I want to reinforce what the hon. Lady said regarding the definition of journalism. It must be tightly defined to prevent the bogus defence that we have seen recently, as made by Stephen Yaxley-Lennon—also known as Tommy Robinson. If the purpose of this exclusion is to exempt public service journalists—for example, those working at the BBC—from scope, then it should say that explicitly. There is no reason why it cannot say that. Otherwise, public officials and servants are not journalists, and there is no reason to exempt a lie asserted in the course of writing or broadcasting.

[Seamus Logan (Aberdeenshire North and Moray East) (SNP)]

It is a pleasure to serve under you, Sir Roger. I rise to support the hon. Member for Wells and Mendip Hills and to draw attention to some examples of why the amendment is important. Members will be familiar with the hacking problem that we had some years ago. In fact, I think one journalist actually served a prison sentence in relation to that. There were many others who may or may not have been involved in that affair. Members will recall how the programme on the Post Office brought huge attention to that scandal and, in fact, led to a major review of the situation. A similar programme called “The Hack”, which may not have gathered as much attention, highlighted the vast extent of the problem of collusion between journalists and the police. Members will also recall that Leveson 2 was cancelled. Leveson 2 was, as I recall, designed to provide stronger regulation for journalism and the media in general. I think we should be concerned about this very sweeping exclusion for journalism, and I will be interested to hear what the Minister has to say on that.

[Tessa Munt]

I want to put on record that I recognise that journalism has an important place in shedding light on various situations. I understand that, but I am concerned that this particular wording covers everything. I write journalistically every day of my life. I suspect that I have effectively written a whole bunch of journalism in my notes. I publish stuff from my notes, speeches that I make in Parliament and all sorts of things that could be considered journalism. I am going to plead with the Minister to find a way, maybe through discussions with Members, to contain the provision in some way so that we can keep the good—we do not want to throw the baby out with the bathwater—and somehow define what it is that is actually meant by journalism. I wait to hear from the Minister on that.

[The Chair]

Order. I gently say to the hon. Lady that Members are allowed to speak more than once, but that was an intervention.

[Tessa Munt]

It was a long one. I am sorry, Sir Roger.

[Seamus Logan]

Thank you, Sir Roger.

--- Later in debate ---

[Tessa Munt]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 5, Clause 11, page 10, line 4, at end insert “by—

(i) a recognised news publisher, within the meaning of Part 3 of the Online Safety Act 2023 (see section 56 of that Act), or

(ii) a person in the course of working for such a publisher.” .—(Alex Davies-Jones.)

This amendment clarifies that the journalism exemption from the offence of misleading the public only applies to media entities and those that work for them.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I beg to move amendment 2, clause 11, page 10, line 35, at end insert—

“(10) A prosecution for an offence under this section shall not be instituted except by or with the consent of the Director for Public Prosecutions.”

This amendment requires the Director of Public Prosecutions to consent to the prosecution of anyone for the offence of misleading the public.

--- Later in debate ---

[Alex Davies-Jones]

I am happy to clarify that for the shadow Minister.

[Tessa Munt]

I previously asked for some clarity on coroners. I accept the position on His Majesty’s chief coroner, and the Minister confirmed about His Majesty’s area coroner. I presume senior coroners are also included in that remit, but I want to be very clear, because they are the people who very often see exactly what is happening on the ground.

[Alex Davies-Jones]

Yes, I can confirm that.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Clauses 13 and 14 ordered to stand part of the Bill.

Clause 15

Holders of public office

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Alex Davies-Jones]

Absolutely. My hon. Friend makes a good point. This is to encourage good behaviour. It is to encourage public authorities to not come armed with many barristers, and to discourage the David and Goliath story that we have heard far too many times.

On the shadow Minister’s point about individuals within a public authority potentially not being represented, that is not something that we want to curtail. For example, a frontline healthcare worker could have representation via their union and the public authority could have representation. This is about making sure that the family has adequate legal representation too. I will come back to his other points after I take another intervention.

[Tessa Munt]

Does the Minister feel that this provision might actually lead to some clarity about the amount of money that is spent by local authorities on defending themselves and their position, and the actions that they may have taken? It is almost impossible to get them to cough up. They just say, “Oh, well, it’s business as usual—that’s what we always do.” I am hoping that this measure will give clarity.

[Alex Davies-Jones]

The hon. Lady is bang on the money, literally. I cannot tell her how frustrating it has been as a Minister trying to figure out a way forward on this—trying to figure out the cost to the public purse and the taxpayer—when we do not have that data. This will enable us to have the data on exactly how much is being spent by public authorities and Government Departments on legal aid.

This is taxpayers’ money. We heard evidence from the bereaved families that one of the biggest kicks in the teeth for them was that they as taxpayers were funding the legal support for the public authorities that were accused of having a hand in the death of their loved one. That is totally perverse and unacceptable.

--- Later in debate ---

[Alex Davies-Jones]

I can confirm that we are working very closely on a way forward on the framework for the legal aid mechanism of the Bill. I will happily update Members and the House as we progress on how that will be implemented, and we will be working with providers on that.

On the shadow Minister’s final point, about complex family relationships, we are alive to this issue and are working with organisations and officials to see how we can best approach it. We have made provision in the Bill for one advocate adviser per bereaved family, but we recognise that there are complex family arrangements, so there are provisions in the Bill for other family members or other interested people to make an application under LASPO to access more legal aid. However, we have heard the concerns raised in Committee, and we are looking to see what more we can do to support families.

[Tessa Munt]

I have had discussions with the Minister about the Bill’s relationship with the families of those who are deceased, and I am rather hopeful that she will consider new clause 5. It has been implied that people who are seriously injured or survivors are included in the Bill, but I would like to be very specific about that particular group. The new clause seeks to ensure that those who are seriously injured but are survivors have equal access to legal support, without means testing, as bereaved families when participating in inquests, inquiries, investigations and independent panels. Many survivors face really complex legal processes when dealing with trauma, and without non-means-tested legal aid they may be unable to engage effectively or have their interests represented. Extending legal aid to that group of people would remove financial barriers, ensure meaningful participation opportunities for them, and help to ensure that inquiries and inquests—in which I have been involved myself—can fully examine the conduct of public bodies and public officials, and promote accountability and justice. Will the Minister please address that?

[Alex Davies-Jones]

As the hon. Member said, her new clause 5 seeks to extend civil legal aid to seriously injured survivors who are participating in inquests or inquiries where the conduct of public bodies or public officials is in question.

The Bill’s expansion of legal aid ensures that it is available to bereaved families in an inquest where a public authority is an interested person. It follows that a seriously injured survivor who is also a family member of the deceased will already be able to apply for legal aid under the Bill. Survivors of serious incidents are more likely to have active participation in an inquiry into what has happened more generally than in an inquest, where the coroner is seeking to determine facts around a death. However, injured survivors can apply for legal help and advocacy at inquests via the exceptional case funding scheme. Applicants may be eligible for that where not providing legal services would breach, or risk breaching, the applicant’s rights under the European convention on human rights. Alternatively, survivors may work with family members of the deceased receiving legal aid to contribute to the instruction of legally aided lawyers.

Section 40 of the Inquiries Act 2005 already gives the chair a specific power to award publicly funded legal representation to individuals or organisations involved in an inquiry, subject to the conditions set out by the sponsoring Minister. In recent inquiries, such as the Post Office Horizon IT inquiry and the Grenfell inquiry, chairs have used that power to ensure that all core participants are funded where that is fair, necessary and proportionate. It is therefore not necessary to expand the scope of civil legal aid to inquiries.

I also note that new clause 5 raises a significant practical and definitional challenge: it does not set out what constitutes “reasonable grounds for believing” that the matter relates to a public authority’s conduct, which would be necessary in order to make regulations implementing the measure and for operationalisation. It could also draw the scope of legal aid more widely than intended, such as by including the perpetrators of terrorist attacks.

In summary, the new clause is unnecessary in the light of existing routes to access legal help and advocacy. It would duplicate provisions already available for inquiries under the Inquiries Act by introducing legal aid for core participants for the first time, and, in doing so, would introduce complexities about who would fund those legal costs. That could lead to delays and make the scheme harder to operationalise and manage. I therefore ask the hon. Member for Wells and Mendip Hills not to move the new clause.

[Tessa Munt]

I seek a little clarity. The Minister made reference to somebody who is seriously injured. They might be part of the proceedings as a friend of the family of somebody who has died. We have seen fairly recently people being injured in a terrorist attack in which colleagues around them have died. They might have something very specific to add, but they might not be a friend of the family. I want to be really clear whether, if somebody was present and seriously injured, and had something to add, but was a colleague and not a family member, there would be any barrier to them being considered as helpful to the family in an inquest or investigation.

[Alex Davies-Jones]

I recognise that, and I will happily engage with the hon. Lady further to ensure that we have no gaps.

[Tessa Munt]

I am very grateful to the Minister for that assurance.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Schedule 6

Conduct of public authorities at inquiries and inquests

Amendments made: 14, in schedule 6, page 54, line 2, leave out from “paragraph” to “and” in line 3 and insert

“(d) insert—

‘(e) the matters reported under paragraph 7A of that Schedule’”.

This amendment is consequential on amendments 16 and 17.

Amendment 15, in schedule 6, page 55, line 24, leave out “2A and 7” and insert “7 and 7A”.

This amendment is consequential on amendments 16 and 17.

Amendment 16, in schedule 6, page 56, line 1, leave out “2” and insert “7”.

This amendment, together with amendment 17, relocates the position in which a new paragraph of Schedule 5 to the Coroners and Justice Act 2009 is inserted.

Amendment 17, in schedule 6, page 56, line 3, leave out “2A” and insert “7A”.—(Alex Davies-Jones.)

See the explanatory statement for amendment 16.

Schedule 6, as amended, agreed to.

New Clause 1

Post-legislative assessment of the legal duty of candour for public authorities and public officials

“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a report into—

(a) the impact of the Act’s provisions on increasing public confidence that public authorities’ internal processes are fit for purpose in identifying and investigating failures when they first arise following a major incident.

(b) the role of the standing public advocate in assessing public authorities’ responses to affected individuals and relatives of bereaved victims following a major incident or where there is a major public concern that public authorities may not be acting in the best interests of those affected by a major incident.

(2) The report must assess—

(a) extending the public advocate’s powers to facilitate the gathering of information from those people affected by a major incident to support official inquiries and investigations to help ensure that all public authorities and officials are acting in accordance with the duty of candour set out in this Act.

(b) the case for facilitating a mechanism whereby the public advocate can instigate an independent panel to collate evidence and information following a major incident to support the oversight of public authorities and officials’ responses to major incidents.

(c) the costs of establishing independent panels as compared to non-statutory inquiries, or statutory inquiries under the Inquiries Act 2005 in line with paragraph (b).

(3) The Secretary of State must lay a copy of the Report before Parliament.”—(Ian Byrne.)

Brought up, and read the First time.

[Ian Byrne]

I beg to move, That the clause be read a Second time.

My right hon. Friend the Member for Liverpool Garston cannot be here to move the motion because of her father’s illness. She really wanted to be here, and I fully support the new clause, so I am going to speak on her behalf.

New clause 1 proposes a post-legislative assessment, within 12 months of the passing of the Act, of how its provisions on the duty of candour and equality of arms are increasing public confidence in public authorities. Specifically, it would examine whether the internal processes of public authorities are fit for purpose in identifying and investigating failures as they first arise after major incidents. The assessment would also consider the role of the independent public advocate in evaluating how public authorities respond to affected individuals and bereaved families following such incidents.

The report would have to explore whether the powers of the independent public advocate should be extended to facilitate the gathering of information to support inquiries and investigations, to ensure that public authorities and officials act in accordance with the duty of candour. It would also have to examine the case for empowering the independent public advocate to instigate an independent panel, similar to the Hillsborough independent panel, and assess the costs compared with non-statutory and statutory inquiries.

The new clause would ensure that, soon after the Act comes into force, Parliament would receive a clear, evidence-based assessment of whether it is delivering on its aims, and whether the role of the independent public advocate should be strengthened to secure faster truth, greater transparency, and better support for bereaved families after major incidents.

When Hillsborough Law Now launched in 2022, it not only supported the measures in the Bill but called for the establishment of an independent public advocate with powers to set up independent panels like the Hillsborough independent panel. For more than two decades, the legal system failed to deliver truth or justice to the Hillsborough families. In some cases, it even facilitated the propagation of a false narrative, including by officers named in the IOPC report published this week.

It was the Hillsborough independent panel, which was established in 2009 and reported in 2012, that finally set the record straight. I wholeheartedly support that statement. Its process was non-legal, document-based and grounded in transparency rather than adversarial proceedings. In two years it achieved what the legal system had failed to do in 24. One of the key lessons of Hillsborough is that the legal system can fail. The two witnesses, Jenni Hicks and Hilda Hammond, spoke powerfully on behalf of this new clause, and the need to look at how panels in the style of the Hillsborough independent panel can help to achieve justice. I want to put on record that I thought they spoke really eloquently. We cannot claim to have learned the lessons fully unless we provide bereaved families with access to a similar process at an earlier stage.

The Public Advocate Bills introduced by my right hon. Friend the Member for Liverpool Garston in the Commons in 2016 and by Lord Wills in the Lords in 2014, set out to create an independent public advocate with meaningful powers, including the authority to instigate independent panels akin to the Hillsborough independent panel. The intention was to give bereaved families a route to truth and transparency at an early stage, and to ensure that public authorities could be held to account quickly and that failures in process could be addressed before they became entrenched.

However, the office of the independent public advocate, as currently established under the Victims and Prisoners Act 2024, does not yet carry the powers originally envisaged, as the independent public advocate outlined in last Thursday’s evidence session. I think she is open to having more powers to achieve what my right hon. Friend the Member for Liverpool Garston is looking to set out with the new clause. As it stands, the office of the IPA lacks the statutory authority to gather evidence from those affected, and it cannot initiate independent panels to collate information and assess public authorities’ actions.

I cannot say it strongly enough: the Hillsborough independent panel uncovered what happened at Hillsborough because it had access to the police documents and the reports, so it could see the scale of how some police officers had changed the evidence of those who were at Hillsborough. I include in that my own father, whose report of his experience at Hillsborough was changed beyond all recognition. When he eventually saw what the police had put down for him, it caused him great distress, along with many others. What my right hon. Friend has outlined in the new clause is so important, and without the powers in it the advocate cannot replicate the approach that finally succeeded in the case of Hillsborough, when transparency, document disclosure and independent oversight finally brought truth, in a fraction of the time that the legal system had taken.

The gap in the powers has real consequences today for families who experience disasters or major public incidents. If we are serious about learning the lessons from Hillsborough and other tragedies, which I believe we are, we need to ensure that the independent public advocate has the appropriate authority and resources to act effectively, and that Parliament can scrutinise whether the office is delivering on its intended purpose. New clause 1 would provide for that, and I support it fully. I urge the Minister to consider what my right hon. Friend the Member for Liverpool Garston laid out in the new clause, and to discuss how we move forward on it.

[Dr Mullan]

I rise to speak in support of some of the sentiment and principle of the new clause, particularly subsection (1)(a) on understanding the impact of the provisions. As discussed, some of this is very novel and we will not always be sure how it pans out. I am not necessarily convinced that “within 12 months” is the right timescale. Thankfully, these things do not happen that often, in the scheme of things, and I am not sure that 12 months is quite enough time to see whether the new system has bedded in, and for there to be examples that we can review. I do not support the timetable, then, but it is important that the Government have a clear strategy for assessing and understanding how everything works in practice.

[Tessa Munt]

I have to disagree a little with the hon. Gentleman. A year is probably a good time in which one can make an initial assessment. We can then recognise what is happening on an annual basis.

With reference to our earlier discussion, might the Minister consider the annual report be the appropriate vehicle to look at what is spent on legal fees, and how that might reduce or increase? It will probably not increase. I believe the IOPC spent £80 million in the span of time for which it considered Hillsborough. If we get the new system right, sums like that £80 million will be reduced to very little, because the IOPC will be able to do its job swiftly and accurately, and to inform the Minister exactly what it has saved out of that £80 million pot, which was ridiculous.

[Seamus Logan]

I rise to support the new clause, the right hon. Member for Liverpool Garston and the hon. Member for Liverpool West Derby. I believe this to be an important proposal. If the new clause is adopted, would it actually result in a saving to the public purse?

--- Later in debate ---

[Ian Byrne]

I welcome the Minister’s response and the offer of continuing talks with my right hon. Friend the Member for Liverpool Garston.

[Tessa Munt]

I would be grateful if the Minister could include me in those discussions, because I am very keen that we get this right.

[Alex Davies-Jones]

indicated assent.

--- Later in debate ---

[The Chair]

Before we proceed, we have reached a witching hour. I am prepared, as are the officials, to see this through, provided that we do not engage in long debate. Let me be absolutely clear: these are important and serious issues and there is no question of the debate being curtailed. There is plenty of time. But if it is possible to expedite things in a manner that means Members do not have to come back later this afternoon, as Chair I am prepared to do that. We will see how we get on.

[Tessa Munt]

On a point of order, Sir Roger. I have not a clue where I am—have I missed amendment 41?

[The Chair]

No, you are all right.

Clause 19

Crown application

Question proposed, That the clause stand part of the Bill.

[Alex Davies-Jones]

In the spirit of brevity, let me just say that the clauses contain standard provisions around Crown application. They confer powers to make consequential amendments as set out in the Bill’s regulation-making powers, they provide definitions throughout the Bill and they set out its territorial extent. I commend the clauses to the Committee.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clauses 20 to 24 ordered to stand part of the Bill.

Clause 25

Commencement

[Tessa Munt]

I beg to move amendment 41, in clause 25, page 22, line 23, leave out subsections (1) to (8) and insert—

“This Act shall come into force on Royal Assent, save for sections 9, 10 and 18, which will come into force six months thereafter.”

This amendment clarifies that the Act should come into force straightaway except for those sections which require the provision of codes or guidance.

[The Chair]

With this it will be convenient to discuss clauses 25 and 26 stand part.

[Tessa Munt]

The amendment seeks to clarify that the Act should come into force straight away, except for clauses 9, 10 and 18, which require the provision of codes or guidance. I seek purely to ensure that the Hillsborough law comes into force as soon as possible, as families have been waiting so many years for justice.

[Alex Davies-Jones]

I thank the hon. Lady and all Committee members for ensuring that our feet are held to the fire on our plans for implementation. We agree that the families have been waiting far too long and deserve implementation as swiftly as possible.

Amendment 41 seeks to amend the commencement provision in clause 25. It would provide that the Bill, with the exceptions of clauses 9, 10 and 18, would come into force immediately on Royal Assent. Clauses 9, 10 and 18 would then automatically come into force six months following Royal Assent. As I said, we agree that the families have waited long enough. The public deserve change and renewed confidence in the services that exist to protect and serve them.

Let me be clear: we will bring the measures into force as soon as is reasonably practical. However, we cannot prescribe commencement on the fact of the Bill. That is not the right approach and would create practical difficulties. Ultimately, implementing the legislation without the necessary frameworks and arrangements in place could result in unintended consequences and difficulties that cause further distress and disappointment. By retaining the power to commence regulations, steps can be taken to ensure a smooth transition, so that the provisions achieve their objective without negatively impacting ongoing proceedings.

I reassure the hon. Lady and all Committee members that we are not dragging our feet. We want to implement the Bill as swiftly as possible, and we will do so. We are working at pace to facilitate market readiness to expand legal aid rapidly. We are also working with coroner services to help them to prepare for the effects of an increase in the number of lawyers who will appear at inquests.

In addition, the major increase in demand will mean that we also need to look at making significant changes to the Legal Aid Agency’s operational and digital systems. I remind Members that this comes at a time when the agency is recovering from a major cyber incident, with all digital systems yet to be fully restored. Without sufficient time for the legal aid market and the Legal Aid Agency to prepare, there is a risk that bereaved families will be unable to find legal aid lawyers or to access legal aid funding at inquests, which could be delayed as a consequence. We do not want that. Our priority is to deliver the reforms as soon as possible while ensuring that the system is equipped to provide specialist advice to bereaved families from day one.

None the less, we recognise that the Hillsborough families, along with the wider public, deserve clarity on when the Bill will come into force, which is why, very soon, we will set out a clear plan, including the timelines for implementation and for the commencement of the Bill as a whole. I therefore urge the hon. Member for Wells and Mendip Hills to withdraw the amendment.

Clause 25 sets out when the Act will come into force. Part 5 of the Bill, which includes the technical provisions, including on regulation-making powers and territorial extent, will take effect immediately. The other parts of the Bill will come into force on a date specified by the relevant authority in regulations. I reaffirm that we will not delay bringing the Bill into force, and I look forward to updating the House very soon on the planned timeline for its implementation. Clause 26 simply provides the short title of the legislation. I commend the clauses to the Committee.

[Tessa Munt]

I accept the Minister’s assurance that she is going to get her skates on, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clauses 25 and 26 ordered to stand part of the Bill.

[Alex Davies-Jones]

On a point of order, Sir Roger. I would appreciate the Committee indulging me briefly, because it is customary at this point to say a few brief words to mark the end of Committee deliberations. I thank the Opposition Front-Bench team, and I pay tribute to all the Members who have served on this really important and powerful Bill Committee. The Bill is better for having been scrutinised by them all, so I thank them.

I thank you, Sir Roger, for keeping us in very good order, especially at times when we all lost where we were. I also thank the Government Whip, my hon. Friend the Member for Ossett and Denby Dale, on her birthday. [Hon. Members: “Hear, hear!”] I thank the Clerks. I want to say a huge thank you to the brilliant team at the Ministry of Justice and the Cabinet Office. That includes, but is not limited to, our officials Nikki Jones, Emily Dunn, Tom Blackburn, Sam Wright, May Wong, Sam Dayan, Georgina Rood, Terry Davies, Jonny Fitzpatrick, Catriona MacDonald, Naomi Sephton, John Smith, James Parker, Rachel Boylin and Rachel Bennion —both my Rachels. I thank the Hansard Reporters and the Doorkeepers, and I look forward to the debate on Report, which I am sure we will come to very soon.