Government intends to make ‘broad use’ of duty of candour in Hillsborough law, minister tells MPs
In the Commons Catherine Atkinson, the victims minister, rejected suggestions the bill would endanger national security.
In her speech opening the report stage debate, she said:
Nothing in this bill or its practical effect changes our position in relation to national security.
Many in our public services work in sensitive roles, where revealing their identity could put them at risk, or others at risk.
The bill does not require anyone to breach any other law – it expressly states that it does not override existing legislation, including the Official Secrets Act 1989.
The bill contains a specific protection for the requirement to notify for employees of the intelligence services and other select bodies where they cannot come forward.
However, there may be other situations where notifying may carry a similar risk.
I want to make it clear that a public servant does not have to come forward until it is safe to do so but steps must be taken without delay to ensure a notification can be made safely.
Atkinson also said ministers “intend to make broad use” of the duty of candour, telling MPs it could extend to “investigations into police misconduct, serious healthcare incidents like major maternity reviews, such as the Leeds and Sussex maternity services review, serious health and safety investigations, and key ombudsman investigations”.
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Burnham concludes by saying victims of these scandals were “retraumatised” by the actions of the state, and reiterates his thanks to the PM for his “legacy”.
Burnham hopes the Bill will end a culture of cover-up and replace it with one built on honesty, accountability and respect for ordinary people, adding “this place ignored them for all that time”.
He also cites the Horizon Post Office scandal and the wrongful accusations levelled at hundreds of sub postmasters.
Burnham adds the Hillsbrough Bill will hopefully be a “life” for campaigners such as the Grenfell survivors, the Primodos families, the PIP implant campaigns, the Chinook families who were in court today.
Andy Burnham is next up and starts by mentioning how himself and the PM worked together after the second Hillsbrough inquest about drafting the original Bill.
He said its a “momentous” piece of legislation and a rewiring of authorities to ordinary people.
Burnham believes its happening because of Starmer for honouring his commitment to the Hillsbrough families and “rebalancing the scales of justice” and says “that is some legacy indeed”.
Shadow justice minister Dr Kieran Mullan says while what happened at Hillsbrough can’t be undone, what could have changed was the truth of what happened to their loved ones being told to them.
He is heckled as he accuses the government of taking too long to deliver the Bill.
“I would challenge any MP, no matter how supportive this legislation, with such far-reaching consequences for the operation of a government, to say the progress of this bill, and particularly over the last 24 hours, is anything like careful and considered.”
He adds: “If the prime minister wanted to truly live up to that promise, he wouldn’t have introduced legislation with less than 24 hours’ notice on an issue of national security.
“Because, as the House is alluded to, I would have wanted the opportunity to make this moment purely a positive one. But I’m afraid the prime minister has made that impossible for me to fulfil the duties to my house.
“Less than 24 hours’ notice from consideration of a bill before us, that third reading, is simply unacceptable to the House. Those families deserve greater respect than that.
“There is simply no excuse but a series of mistakes by his government that have led us here, led us to the place where those of us that engaged in good faith, as I did, cannot possibly be expected to have any trust left on a bill that has trust at its heart.”
Starmer responses by saying he has kept his promise to the Hillsbrough families to deliver the Bill.
The PM added: “I come here today not to take credit for this government or this House, but as prime minister, to put on our national record exactly where the credit belongs, because it belongs to the families and to the campaigners. And I pay tribute to every one of them.”
Starmer concludes: “I am grateful to every member of this House and in the other place across the political divide who worked constructively with us to get us to this point and turn this long-denied cry for justice into the law of this land.
“It is long, long overdue.”
Starmer says the Bill has been “too long coming” but with the third reading “we stand on the precipice of change”.
Starmer adds the Hillsbrough families, some of whom are in the Commons, fought so know one would go through what they went through.
He adds there is a “class element to this” and their appeals for help were ignored by the state because they are working class, or black, or were women and girls.
Keir Starmer is now starting the Hillsbrough Law debate.
The PM said he remembers when he first met the Hillsbrough bereaved and campaigners 15 years, ago, descring it as a “humbling experience and he was taken aback by their courage.
He added as a “father of teenager who come to watch footballl with me, I dont think I could do that myself. To keep going, going and going” when the state kept obstructing them.
Starmer said it was “a stain on our history”.
The result is in on amendment 19. The ayes voted 104, the noes voted 412. A majority of 308.
MPs have now divided to vote on amendment 19 to the Public Office (Accountability) Bill, which has been tabled by Kieran Mullan, a Tory justice spokesperson.
It would require the Attorney General to consent to the prosecution of anyone for the offence of misleading the public.
Andrew Sparrow
The Lib Dem amendment has been defeated. Nadeem Badshah is taking over now, and he will be covering the Keir Starmer and Andy Burnham speeches in the third reading debate which is about to start.
In the Commons, MPs are now voting on an amendment tabled by the Conservatives. It has been tabled by Nick Timothy, the shadow justice secretary, and in his written explanation he says it “ensures that the duty of candour and assistance may require a person who works for an intelligence service, military intelligence, the NCA, Counter Terrorism Command or the armed forces to provide security or intelligence information with the consent of the head of their service”.
In the Commons MPs are now voting on amendments to the Hillsborough law bill.
The main government amendments, removing the opt-out for the security services, have been gone through on the nod.
MPs are now debating an amendment tabled by the Liberal Democrats. It is amendment 3. In their explanation of it in the Commons list of amendments, they say it “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”.
Government intends to make ‘broad use’ of duty of candour in Hillsborough law, minister tells MPs
In the Commons Catherine Atkinson, the victims minister, rejected suggestions the bill would endanger national security.
In her speech opening the report stage debate, she said:
Nothing in this bill or its practical effect changes our position in relation to national security.
Many in our public services work in sensitive roles, where revealing their identity could put them at risk, or others at risk.
The bill does not require anyone to breach any other law – it expressly states that it does not override existing legislation, including the Official Secrets Act 1989.
The bill contains a specific protection for the requirement to notify for employees of the intelligence services and other select bodies where they cannot come forward.
However, there may be other situations where notifying may carry a similar risk.
I want to make it clear that a public servant does not have to come forward until it is safe to do so but steps must be taken without delay to ensure a notification can be made safely.
Atkinson also said ministers “intend to make broad use” of the duty of candour, telling MPs it could extend to “investigations into police misconduct, serious healthcare incidents like major maternity reviews, such as the Leeds and Sussex maternity services review, serious health and safety investigations, and key ombudsman investigations”.
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