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

Wera Hobhouse Excerpts

Wednesday 3rd September 2025 Westminster Hall

[Wera Hobhouse (in the Chair)]

Before I call the Member in charge, let me say that 21 Members want to speak, which will mean two to two and a half minutes for each speech. There are also a lot of people who wish to intervene. I am letting the Member in charge know that in order to give him an idea of when he might want to finish his speech—I suggest that he takes no longer than 20 minutes.

[Ian Byrne (Liverpool West Derby) (Lab)]

I beg to move,

That this House has considered duty of candour for public authorities and legal representation for bereaved families.

It is an honour to serve under your chairship, Mrs Hobhouse. I am here to speak about the urgent need for a statutory duty of candour and the full implementation of the Hillsborough law, and to oppose the forces that want to fight against this change.

Historically, the state has taken a defensive position to protect its own interests. From the Peterloo massacre to Bloody Sunday, Hillsborough, the Post Office scandal, Grenfell, the contaminated blood scandal and nuclear test veterans, to name but a few, the list of state cover-ups is long, exhausting and utterly shameful. So many families have been denied truth and justice because of the current system, which enables cover-ups. How and why has a system been left in place that has continually enabled the establishment to evade truth, accountability and justice for those wronged? That is a question that this place and this country should think long and hard about.

I was at the Hillsborough disaster in 1989 when 97 innocent women, children and men lost their lives and countless more lives were destroyed. It was not just a tragedy; it was a betrayal—a betrayal compounded over decades by lies, cover-ups and institutional failures.

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[Bell Ribeiro-Addy (Clapham and Brixton Hill) (Lab)]

I congratulate my hon. Friend on all the hard work he has done on this issue since he entered the House. As he was speaking, I thought to myself that in all the cases that have led to these discussions—Hillsborough, the infected blood scandal, nuclear test veterans, the Primodos scandal and countless others—the victims and their families have had to deal with the initial trauma of the incident and then the prolonged trauma as a result of all the lies that have been told. Does he agree that introducing a duty of candour would protect victims and their families from that prolonged trauma and that that should take priority over protecting the public body that is responsible? That is how the Government can show victims and their families that they are listening. This is why my hon. Friend is so forthright on bringing forward a Hillsborough law—because it would include the duty of candour.

[Wera Hobhouse (in the Chair)]

Order. Interventions should be short, as so many Members want to speak.

[Ian Byrne]

I thank my hon. Friend for making that point; she is spot on.

Out of sheer desperation at the situation, in July I used a private Member’s Bill, the Public Authority (Accountability) Bill, to reintroduce the original Hillsborough law—the 2017 version. The Government rejected it, so here we are today, without the Hillsborough law, fighting against those same vested interests, and the clock continues to tick while people’s belief in politics and politicians continues to erode.

Let me be absolutely crystal clear for the Government: a full duty of candour with criminal sanctions is non-negotiable in any legislation bearing the name of Hillsborough. It is not a technicality; it is a moral imperative, and it is a moral and legal imperative that it sits at the heart of every inquiry, investigation and inquest, local and national—no exceptions. Nothing less will change the culture, because carve-outs become cover-ups, and this must never be allowed to happen again. Simply, if it had been law at the time of Hillsborough, we would not have waited decades for justice. So much pain and suffering could have been avoided, and families could have grieved for those lost instead of fighting the state for truth and justice. The duty of candour is about accountability. It is about preventing cover-ups, and it is about restoring public trust.

The second pillar of the Hillsborough law is legal parity, which is equally vital. Time and again, bereaved families have faced the might of the state with no legal support, while public bodies are armed to the teeth with expensive teams of lawyers. Parity of arms is essential to stop false narratives being spread and families feeling like it is them who are on trial. That imbalance is not just unfair; it is grotesque. I pay tribute to Deb Coles and the team at INQUEST for their constant championing of this. Their work was highlighted in “All or Nothing: A report on the Hillsborough Law Family Listening Day”. I urge everybody in this room and beyond to read it, to understand why parity of arms is so fundamental to gaining truth and justice.

If the Government resist a full duty of candour without exception, what does that say? Do they believe public officials should be allowed to lie with impunity? Do they believe families should continue to be denied justice? Opposition to this legislation is not about practicality. It highlights the power of vested interests. It is about protecting the status quo—a status quo that has caused untold harm to so many. The ball is now in the Government’s court. More specifically, it is in the Prime Minister’s court.

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[Several hon. Members rose—]

[Wera Hobhouse (in the Chair)]

Order. As I have indicated, a lot of people wish to speak. I will start with a formal time limit on speeches of two and a half minutes, but we might have to reduce that further.

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[Yasmin Qureshi (Bolton South and Walkden) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Hobhouse. I am grateful to my hon. Friend the Member for Liverpool West Derby (Ian Byrne) for securing this debate.

I speak as chair of the all-party parliamentary group on Primodos, which I have led for over a decade alongside affected families in their fight for truth and justice. Primodos is one of the clearest examples of a systematic failure of candour in British medical healthcare. Between 1958 and 1978, around 1.5 million women in the United Kingdom were prescribed the hormone pregnancy test. From the 1960s, doctors and researchers raised concern that it was linked to miscarriages, stillbirths and severe birth defects.

Instead of acting, the regulators actively suppressed the evidence and colluded with the pharmaceutical companies. When Dr Isabel Gal published her study in 1967, officials undermined her work rather than investigating it. Later, archives in the UK and Germany showed that they knew of the concerns, but kept patients in the dark, even though other countries had withdrawn the drug from the market.

After years of campaigning, the Medicines and Healthcare products Regulatory Agency finally established an expert working group in 2017. Its task was to examine whether there was a possible association. The final report said there was “no causal association”. That was not in the original draft; it was inserted late, under outside instruction, and caused misunderstanding by giving the impression of certainty. Moreover, the families were excluded from the process. We continued to campaign; in 2020 the Cumberlege review was set up and found that there had been avoidable harm, that people should receive redress, and that there should be a duty of candour and cultural change. However, five years later, only one recommendation—a patient safety commission—has been delivered.

The impact on the families has been horrendous. I call on our Government to recognise Primodos as a case study—[Interruption.]

[Wera Hobhouse (in the Chair)]

Order. We have been disrupted by a Division. I am expecting everybody to be back here in 15 minutes, at 3.20 pm. When we come back, the hon. Lady will have half a minute.

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[Andy McDonald (Middlesbrough and Thornaby East) (Lab)]

It is a pleasure to speak in this debate. I congratulate my hon. Friend the Member for Liverpool West Derby (Ian Byrne) on securing it.

The Government committed to a Hillsborough law in their first year, and it should be delivered without delay and in full. The case for action is starkly illustrated by the experience of bereaved families in my constituency and neighbouring areas whose daughters died under the care of Tees, Esk and Wear Valleys NHS trust, known colloquially as TEWV. Three teenage girls—Christie Harnett, Nadia Sharif and Emily Moore—lost their lives in that trust’s care. The independent reports by Niche Health and Social Care Consulting into their deaths were unequivocal: the statutory duty of candour was not met, families were not told the truth and were not supported after the tragedy, and lessons were not learned. The candour that Parliament demanded in 2014 was absent in practice.

The trust has since acknowledged those failings, but wider evidence shows that that is not an isolated case. The Department of Health and Social Care’s recent call for evidence found that only 40% of NHS staff thought that the purpose of the duty was clear, and fewer than a quarter believed that it was correctly applied after serious incidents. Most damning of all, 94% of patients and families felt that providers failed to engage with them meaningfully or compassionately when things went wrong. Rob Behrens, the ombudsman, said that avoidable deaths in mental healthcare are “too common” and that the duty of candour does not work.

That is why we need an updated duty of candour—one that binds public authorities and individual leaders with consequences when truth is withheld. Crucially, bereaved families must have automatic access to funded representation. For too long, the state has been represented while ordinary families have had to fight alone. I therefore add my voice to those calling for a public inquiry into the deaths of Christie, Nadia and Emily. Indeed, other bereaved families have more than justifiable cause for complaint. Only a full inquiry can reveal the truth, demonstrate why the current duty is insufficient and ensure that lessons are learned. If “never again” is to mean anything, let us deliver the Hillsborough law in full so that openness, honesty and justice become the defining standards of public service.

[Wera Hobhouse (in the Chair)]

Before I call Patrick Hurley, let me say that there are two Members who want to speak but are not on the list. I want everybody’s voice to be heard, so I will give them two minutes each at the end.

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[Wera Hobhouse (in the Chair)]

Order. May I remind Members that we have very little time? Can we keep interventions short?

[Josh Babarinde]

The point my hon. Friend makes is testament to the importance of parity of legal representation.

To continue, how many lives must be lost before we accept that the public deserve honesty from those in power? When will we get to the truth proactively, not just when institutions are dragged to the witness box? That must change.

I pay tribute again to the tireless campaigners—the bereaved families of the Hillsborough disaster and the Grenfell tragedy, those wronged in the Post Office scandal and more—who have refused to accept institutional silence and deceit. However, it should not be up to victims or their grieving families to fight for decades to get answers; it should be the duty of the state to give them those answers—early, clearly and completely.

The Government must act without further delay. I therefore urge the Minister to announce a timeline for a new statutory duty of candour now. I urge that it is not watered down under any circumstances, and it must be accompanied with parity of legal representation for bereaved families during inquests and inquiries into disasters or state-related deaths. This Parliament must be the one that says, “No more lies, no more hiding and no more protecting institutions over protecting people.”

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[Wera Hobhouse (in the Chair)]

Before I call the Minister, I ask her to leave a couple of minutes for the Member in charge to respond. I thank everyone because we got everybody in today.