Alex Davies-Jones

I could not agree more with the hon. Gentleman. He is fundamentally correct that the Bill is about much more than just the duty of candour. This is about rebuilding the trust between the public and the state. It is about ensuring that there is accountability, transparency, openness and parity, and that the state remembers who it is that we are meant to serve. This is not just about the Hillsborough law, although this legislation will hopefully bear that name; it is about all those campaigns that have suffered as a result of state cover-ups and tragedies. It is really important that we recognise all those campaigning under the umbrella of the Hillsborough Law Now campaign. At inquiries, inquests and investigations, public authorities and officials will be put under powerful obligations to help investigations to find the truth. They will all be legally required to provide information and evidence with candour, proactively and without favour to any of their own positions. Public servants will also be placed under a new professional duty of candour, which will be set out in each organisation’s mandatory code of ethics. This will ensure that individuals act with integrity and honesty at all times in their day-to-day work. The families made it clear to us that when it becomes apparent that someone has sought to evade accountability or prevent the truth from being uncovered—whether through dishonesty and deliberately withholding information, or through the perpetuation of false narratives—there must be clear accountability and appropriate sanctions. The Bill will provide this through a new criminal offence of breaching the duty of candour and a new criminal offence of misleading the public. It will also provide non-means-tested legal aid for bereaved families at inquests where a public authority is an interested person, and place a duty on all public authorities to ensure that their use of lawyers is proportionate. It represents an important milestone in rebalancing the system, ensuring that the bereaved, grieving families are supported to participate in the inquest process where the state is represented, introducing the parity of arms that we have heard so much about. It also helps to ensure proper standards of conduct by public authorities at an inquest or inquiry. Drawing on experiences shared with us by the families, the Bill will introduce measures placing a duty on all public authorities, and those that represent them, to act in line with statutory guidance and to support families’ participation in the process. Where there are concerns regarding the conduct of public authorities or their legal teams, the Bill grants the power to the coroner or the inquiry chair to raise those concerns with the appropriate senior individual level of public authority. The Bill also abolishes the current common law offences of misconduct in public office following the Law Commission recommendations in its 2020 report. In its place will be two new statutory offences: the breach of duty to prevent death or serious injury, and seriously improper acts. By putting these offences on the statute book, we are making it clear what types of behaviour are covered by this offence and who exactly it applies to. This is a landmark Bill. It will transform the way that public authorities and officials interact with official investigations and will act as a catalyst for the radical change in culture across the public sector that we so desperately need. It will deliver the largest expansion of civil legal aid in a generation and a move away from that culture of cover up and distrust in the state. The Bill was due to return to the Commons for remaining stages in January. However, as many in this House will be aware, concerns were raised on how the duty of candour and assistance would apply to the intelligence and security services. The Government brought forward several amendments to strengthen the Bill in this area. However, it became clear from our conversations with families and stakeholders that they had concerns about how the accompanying safeguards we proposed might work in practice. We have always been clear that this is a Bill for and by the families, and where they have concerns, we will always listen.