The government’s long-promised draft legislation to impose a “duty of candour” on civil servants and other public officials to prevent future cover-ups has received its first reading in parliament.
Prime minister Keir Starmer previously pledged to introduce the public office (accountability) bill – which will be known as the Hillsborough Law – by April, in time for the 36th anniversary of the Hillsborough disaster.
Disagreements between ministers and campaigners representing the victims and survivors of the football-ground crush delayed the bill’s publication – and also saw the introduction to parliament of rival legislation intended to deliver the “real” Hillsborough Law.
A total of 97 Liverpool FC fans lost their lives as a result of crowd-control failings at an FA Cup semi-final match held at Sheffield’s Hillsborough stadium on 15 April 1989. South Yorkshire Police wrongly blamed supporters for the disaster and the real story of what happened at the ground took decades to be acknowledged.
However, yesterday’s first reading of the draft Hillsborough Law marked an important step forward for the legislation, and the new era of accountability it promises.
Ministers said the law will “ensure” that truth is never concealed by the state again and said the duty of candour means public officials must “act with honesty and integrity at all times” – or face criminal sanctions for “egregious breaches”.
Under the terms of the draft legislation, public officials and authorities will have a duty to be truthful and to assist inquiries, inquests and other investigations. They must also do so promptly and proactively, with full disclosure of evidence – and “without favour to their own person”.
The legislation creates a new offence of misleading the public. It includes criminal sanctions for the “most serious” breaches – such as misleading the public in a way that is deemed to be “seriously improper”. The law will also abolish the common-law offence of misconduct in public office.
Elsewhere, the Hillsborough Law creates what ministers have described as the “largest expansion of legal aid in a decade for bereaved families” through the provision of non-means-tested help and support for inquests following disasters or other state-related fatalities.
Starmer said the Hillsborough disaster would always remain in the national consciousness because of its tragedy and disgraceful injustice. However, he said the new legislation meant it would also be remembered for changing the country for the better.
“With this law, we are changing the balance of power in Britain and ensuring that the state can never hide from the people it is supposed to serve,” he said.
“Make no mistake – this a law for the 97, but it is also a law for the sub-postmasters who suffered because of the Horizon scandal, the victims of infected blood, and those who died in the terrible Grenfell Tower fire. This is change only this government can deliver.”
The legal-aid expansion detailed in the bill requires public bodies that are represented at inquests to cover the costs of legal assistance incurred by bereaved families. A legal duty will also be placed on public bodies to ensure their spending is always proportionate, in a bid to stop the state from hiding behind “unjustifiably large legal teams”.
According to a briefing document published alongside the bill, the government estimates the expansion of legal aid will cost between £65m and £180m a year, with a further estimated annual cost of up to £3.1m to the Legal Aid Agency.
A date has yet to be set for the draft Hillsborough Law’s second reading in parliament.