Dr Kieran Mullan

Dr Kieran Mullan

Conservative — Bexhill and Battle

Speaking in the House of Commons on 3 September 2025

Debate

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

Contribution

It is a pleasure to serve under your chairmanship, Mrs Hobhouse. I thank the hon. Member for Liverpool West Derby (Ian Byrne) for securing this important debate. He has been a tireless advocate for bereaved families and communities affected by tragedy. His determination to keep these issues before Parliament commands respect across the House. We owe a debt of gratitude to the campaigners and families themselves. From Hillsborough to Grenfell, from the infected blood scandal to the Post Office Horizon affair, they have shown extraordinary courage in pressing for truth and accountability. Their persistence is the reason why we are here today, and it must not be forgotten. The Hillsborough disaster in 1989 is the clearest example of why the call for a duty of candour has become louder over the years: 97 lives were lost and countless other people were traumatised, and it was very powerful for us all to hear from the hon. Member for Liverpool West Derby, who was there on that day at a young age. In the years that followed, there were inquiries, judicial reviews and inquests, yet for far too long, the true circumstances of what happened were hidden. In 2017, Bishop James Jones was asked to reflect on the experience of the Hillsborough families. His report set out in stark terms the lessons that need to be learned. He said that it was vital that the state ensure “proper participation” of the bereaved at inquests at which public bodies are represented. He identified four strands to achieving that: first, publicly funded legal representation for bereaved families when public bodies are represented; secondly, an end to the practice of public bodies spending limitless sums on their own representation; thirdly, a culture change so that public bodies see inquests not as a reputational threat, but as an opportunity to learn; and finally, changes to procedures and the training of coroners so that bereaved families are placed truly at the centre of the process. His report also served a reminder that legislation alone is not enough. As others have mentioned, we already have a statutory duty of candour in parts of our system—particularly the NHS—but too often that duty has become a tick-box exercise, satisfying process rather than securing trust. If the Hillsborough law is to mean anything, it must embed a genuine culture of truth-telling and accountability, as well as changing the law. It is against that backdrop that the idea of a statutory duty of candour has emerged and persisted. Sir Brian Langstaff, in his recent report into the infected blood scandal, reinforced the same point: too often, institutions have closed ranks, failed to disclose information openly and thereby compounded the suffering of victims and families. The King’s Speech in 2024 committed the Government to bringing forward a Hillsborough law, including a statutory duty of candour and provisions on legal representation. The stated aims were to improve transparency and accountability and reduce the culture of defensiveness, and to ensure that failures such as those on Hillsborough or infected blood are not repeated. Conservative Members are sympathetic to those aims, and it is worth remembering that some steps have been taken. Part 2 of the Victims and Prisoners Act 2024 legislated for the creation of an independent public advocate to give victims and families a stronger voice in the aftermath of major incidents. The previous Government also worked with police chiefs, prosecutors and fire leaders to establish the Hillsborough charter, which commits signatories to put the public interest above organisational representation.

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