Public Office (Accountability) Bill

Tessa Munt Excerpts

Report stage & 3rd reading
Tuesday 14th July 2026 Commons Chamber

[Nick Timothy]

I am tempted to say that the hon. Lady should have a conversation with the Attorney General, who used to prosecute British soldiers and was still appointed to one of the highest offices in the land.

Irish republicans, Islamist extremists, useful idiots deployed by Putin’s Russia—they will all see the opportunity in this law, as we know they have seen the opportunity in examples of lawfare fought elsewhere, including Northern Ireland. These are known unknowns, but there are also unknown unknowns. [Interruption.] There is an additional risk that the security services will be tied up in court cases, thanks to differing interpretations of the legislation, or that the scope of the Bill and the information that must be disclosed will be widened over time. I can hear sighs and complaints from Government Members, but they do not seem to understand that new laws—especially when they are to be taken in balance with existing laws—are tested in the courts, and their interpretation widens. That is a fact, and it is one of the concerns expressed by the intelligence agencies, the police and others. If Government Members think they are above listening to those people, I am very sorry about that.

There are questions, too, about the role of investigations and inquiries set up by the devolved Governments, including in Northern Ireland. I was alarmed by the Minister’s earlier answer to a question about the need to reveal information about intelligence agency sources in that context. These are the reasons that my party proposes an amendment, informed in part by the Government’s own proposed amendment back in January, to give control of secret material back to service leaders, who are rightly then accountable to elected Ministers, in not only the intelligence services but the armed forces, the National Crime Agency and counter-terrorism policing.

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

One of the hon. Gentleman’s former colleagues went to Downing Street just a month ago with a letter that says he believes he was misled by his own Department when he was the Secretary of State for Defence, so why on earth is the hon. Gentleman arguing this particular case? If Defence Secretaries are misled by their Departments, I do not really understand his faith in leaders of intelligence services and others not being able to hide the truth purely to defend their own Departments.

[Nick Timothy]

I think the hon. Lady, whether it is by design or by mistake, misunderstands my point. Of course, there should be accountability and transparency, and there are many ways in which we can do that, but there are ways of doing it that do not jeopardise the operations of the most sensitive organisations in the country by revealing their sources, their methods and their technological capabilities.

There are also serious flaws in the proposals to create a new duty to prevent death or serious injury and the new crime of misleading the public. Senior police officers are concerned that the new duty will have a chilling effect on operations. Police officers may be deterred from taking vital split-second decisions to give chase or to restrain, for fear of being sued or charged, placing their careers and livelihoods in jeopardy. Those employed in other parts of the public sector, such as the welfare system or the health service, might also be affected. These measures also risk snarling up the police and others in time-consuming and costly litigation.

There is also a serious risk that the new crime of misleading the public could stifle legitimate political disagreement and debate, criminalise honest mistakes, or punish people for making statements that we only later learn are wrong when the facts change. That is why a lock on such prosecutions, with a requirement for the Attorney General to approve them, is absolutely essential, and we invite hon. Members to support our amendment to ensure that this evening.

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Finally, may I say what a relief it is to see a compromise reached between the Hillsborough families and the Government on the application of the duty of candour to the security services? While I understand the Government’s desire to strike a balance in this area, a carve-out would erode the effectiveness of the Bill. As we have seen on multiple occasions, including in the investigation of the Manchester Arena bombing, the Stakeknife case in Northern Ireland and the Attorney General v. the BBC—the “Beth” case, as it is known—it is vital for public confidence and accountability that there is transparency in cases where there have been failings in the conduct of the security services. In the Attorney General v. the BBC, I note that MI5 was found to have provided false evidence to the courts, and it paid damages to “Beth”, alongside giving an apology, but that was only after repeated interventions by the BBC and the courts. That demonstrates the importance of the duty of candour applying to the intelligence services.

[Tessa Munt]

Can the hon. Member spot the irony in the fact that today, while the Government are considering this legislation, which is designed to prevent public bodies from obstructing the truth, the Ministry of Defence is in the High Court in London, trying very hard to silence the Chinook families by saying that they are out of time in seeking an independent inquiry on why their loved ones were allowed to board a Chinook helicopter that the Ministry of Defence knew was unairworthy, positively dangerous and not to be relied on in any way? There is surely an irony in that. It is absurd. I know that the hon. Member was talking about the intelligence services, but the Bill surely has to cover the Ministry of Defence and how it behaves, too, because it is utterly inappropriate.

[Andy Slaughter]

I know that case means a huge amount to the hon. Lady as a constituency MP, and I thank her for all the work she does on the Justice Committee. I think we have only begun to scratch the surface. This Bill will be a transforming piece of legislation.

I will make one final comment. Several Members have welcomed, as I do, the huge increase in the provision of legal aid that will come, but for that to be effective, we have to look at legal aid rates and the availability of legal aid practitioners. Simply having the funding available does not ensure that there will be representation and equality of arms, which I think we all wish for.

[Tessa Munt]

My sense is that we could have some equity in the amount of legal aid given to families and individuals fighting big organisations, such as public bodies. If the rates of the specialists and professionals who are supporting the public bodies came down, and matched the rising rate of legal aid for the support of those individuals and families, we might be in a situation where could be some equity. That would make investigation much simpler for the courts and inquests dealing with such cases, because they would have people who understood the process better.

[Andy Slaughter]

I think I have taken enough time, but I thank the Member for that intervention. This afternoon, the Justice Committee signed off a new major report on legal aid, which will be published on Friday. Those who are interested can read more there. In conclusion, this is a landmark piece of legislation, which we should all welcome, and I commend it to the House.

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Concerns were raised about candour in relation to health. I am grateful to the right hon. Member for Godalming and Ash (Sir Jeremy Hunt) for his contribution. We do not disagree with the intent of his new clause 11 and amendment 150. Our concern is that the detail is not necessary on the face of the Bill and that it would be disproportionate to do so. The Bill requires public authorities to set out how a professional duty of candour must be met with clear professional sanctions. We will work with organisations on how best to fulfil those obligations and ensure full implementation.

[Tessa Munt]

Will the Minister give way?

[Catherine Atkinson]

I am afraid I will not. To respond to as many points raised as I can, I do not have time to take interventions.

The Bill is about the duty of candour to an inquiry or investigation, and the onward disclosure of information will be determined by each inquiry, inquest or investigation as to what is appropriate and relevant. I would be eager to meet the right hon. Member for Godalming and Ash to discuss what more can be done through the implementation of the Bill and separately to achieve the culture change that we want to see.

Other Members raised the Nottingham maternity review, which I have followed closely, as I have the work of the Government’s maternity adviser, my hon. Friend the Member for Sherwood Forest (Michelle Welsh), because of my experience in Nottingham when I was giving birth to my eldest son in 2014. Each contraction meant that his heartbeat stopped and what began as a normal labour suddenly turned to panic and ended with an emergency caesarean to save his life. I was one of the lucky ones, because I got to take him home. I will always hold in my mind the 500 mothers and babies who suffered potentially avoidable harm or death around that time in Nottingham. The message that we are sending with this legislation is that cover-up culture is over and that women and families must be listened to. Public bodies, including NHS trusts, must be open and candid when things go wrong. We are clear that we will apply the duty of candour to the Leeds and Sussex maternity reviews.

On the national oversight mechanism and the contribution by my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), we have taken steps to improve transparency in how we respond to inquiry recommendations. The Public Administration and Constitutional Affairs Committee is currently considering how the implementation of recommendations resulting from future public inquiries should be scrutinised. We welcome that and will continue to work with the Committee on next steps. The Office of the Chief Coroner is also continuing work to improve access to the prevention of future death reports while the Government seek to strengthen arrangements for responding to the concerns raised through them, including better and more strategic use of technology.

On the Independent Public Advocate, I welcome the contribution and work of my right hon. Friend the Member for Liverpool Garston (Maria Eagle). I thank my right hon. Friend and the others who have raised this, and I take on my right hon. Friend’s points. Legislation requires that there be a review on the role within 18 months of the IPA being stood up, and that is in train. The Ethics and Integrity Commission will also be developing guidance on the code of ethics and will have a role in monitoring and overseeing it.

My hon. Friend the Member for Middlesbrough South and East Cleveland (Luke Myer) raises in his amendments some serious concerns about disinformation and the risk of eroding trust in our institutions and weakening our country. While Back-Bench MPs are not included in the new offence, as they are responsible for scrutinising the decisions of the Government of the day, Parliament does already have processes for determining whether Members have misled the House and has its own arrangements for ensuring truthfulness and accuracy from Members. However, I would be keen to work with my hon. Friend to look at how we strengthen matters in relation to his concerns.

On whistleblowing and amendments 3 and 6, the Bill provides safeguards for sensitive information and whistleblowers, and the code of ethics must contain information on whistleblowing policies. We are actively exploring opportunities for reform, as set out in the anti-corruption strategy 2025, and a consultation on whistleblowing will be launched this summer.

We have heard many contributions about placing water companies under obligations of a code of ethical conduct, and although the code of conduct provisions do not apply to private water companies in England and Wales, the Bill contains a power to extend this. The Government will consult on that in due course.

The hon. Member for Aberdeenshire North and Moray East (Seamus Logan) raised concerns about the additional work needed and the additional measures coming into force being put in place as soon as possible. We are conscious that families have waited long enough for this law. Putting commencement dates on the face of the Bill could cause practical difficulties, but we are doing all we can to ensure that it is in place as soon as possible.

Members have also spoken about amendments relating to former public officials. To be clear, those individuals will remain subject to the duty of candour, provided that an investigation or inquiry relates to their former role, and the offence of misleading the public will also still apply, even if they have retired.

On subcontractors, the main contractors will be accountable for their subcontractors’ performance. The Government are open to exploring further measures to strengthen accountability and candour through supply chains.

Concerns about journalism have also been raised. The Government have already narrowed the journalism exemptions and made it clear that the offence covers misleading recognised news publishers. Sufficient safeguards are provided through the requirement for consent from the Director of Public Prosecutions before any prosecution can proceed.

I wish to thank a number of people before I conclude. I pay tribute to all those who have shaped the Bill, ensured that it delivers as intended, held us to account and made sure that we got to this point. I thank the families and campaigners for their courage and for sharing their experiences, often at great personal cost. They have challenged successive Governments and worked constructively with us, and without them we would not be here today.

I also thank the Members of this House who have stood alongside the families and campaigners over many years, championing their cause and helping to strengthen this Bill. In particular, I thank the Prime Minister, the Deputy Prime Minister, the Minister for the Cabinet Office and the Attorney General. I thank the right hon. and learned Member for Kenilworth and Southam for all his assistance and expertise on the Government amendments on the security services. I thank my hon. Friend the Member for Pontypridd (Alex Davies-Jones) and my right hon. Friend the Member for Liverpool Garston. I thank my hon. Friends the Members for Knowsley (Anneliese Midgley), for Liverpool Wavertree (Paula Barker), for Widnes and Halewood (Derek Twigg) and for Birkenhead (Alison McGovern). I thank my hon. Friend the Member for Liverpool West Derby (Ian Byrne), whose contribution was so powerful. I thank my hon. Friend the Member for St Helens North (David Baines) and my right hon. Friend the Member for Makerfield (Andy Burnham), whose passion for this matter long predates his return to this House.

Nothing can bring back those who were lost, and we can never undo the suffering that so many families have endured. But what we can and must do is ensure that the truth is never again buried by institutions whose first instinct is to protect themselves. That is what the Bill is designed to combat, and I am incredibly grateful to all involved that we have been able to bring the Bill back before the House.

As Victims Minister, I am determined to see the Bill deliver the lasting cultural change that families have fought for over so many years. I hope that in years to come it will be remembered not only for the duties and offences it creates, but because it helped to change the relationship between the state and those that it exists to serve.

We have listened, and we have acted. We will continue to listen as the Bill makes its way through the House. I commend the Bill to the House.

Question put and agreed to.

New clause 8 accordingly read a Second time, and added to the Bill.

New Clause 9

Abolition of common law offence: Northern Ireland

“(1) The offence of misconduct in public office under the common law of Northern Ireland is abolished.

(2) Subsection (1) does not apply in relation to—

(a) any act which was done before the coming into force of this section, or

(b) any act which began before the coming into force of this section and continues after its coming into force.

(3) Subsection (1) does not affect—

(a) the liability of any person for an offence other than the offence of misconduct in public office under the common law of Northern Ireland, or

(b) the civil liability of any person for the tort of misfeasance in public office.”—(Catherine Atkinson.)

This new clause provides for the abolition of the offence of misconduct in public office under the common law of Northern Ireland.

Brought up, read the First and Second time, and added to the Bill.

Clause 2

Duty of candour and assistance

Amendments made: 151, page 2, line 25, leave out “likely to be” and insert “that is”.

This amendment clarifies that information must be provided under the duty of candour and assistance if it is relevant to the inquiry or investigation concerned.

Amendment 152, page 2, line 30, leave out “likely to be”.—(Catherine Atkinson.)

See the explanatory statement to Amendment 151.

Amendment proposed: 3, page 2, line 39, at end insert—

“(f) ensure all relevant public officials can safely disclose information to an inquiry, investigation or inquest.”—(Jess Brown-Fuller.)

This amendment requires public authorities or officials who are assisting an inquiry, investigation or inquest to demonstrate that they have taken steps to ensure relevant persons can safely disclose information relevant to an investigation.

Question put, That the amendment be made.