Jim Allister

It does, and then it goes on to tell us in clause 1(2) how it imposes that duty. There are five ways in which it does so. The first is by “imposing a duty on public authorities and public officials to act with candour, transparency and frankness in their dealings with inquiries and investigations and imposing criminal liability for breach of that duty”. That is the only criminal liability that would arise from a breach of the duty of candour. The second way is by imposing an ethical code on public authorities. No criminal offence is committed if someone breaches that ethical code—none whatsoever. The third, fourth and fifth ways, in paragraphs (c), (d) and (e), are by “imposing criminal liability on public authorities and public officials who mislead the public in ways that are seriously improper”, by “imposing criminal liability for seriously improper acts by individuals holding public office and for breaches of duties to prevent death or serious injury”, and by “making provision about parity at inquiries” about legal aid. The Prime Minister told us that the Bill would apply across the whole United Kingdom, but sadly it does not. Clause 24, the extent clause, makes it plain that the last three paragraphs of clause 1, which I have just read out, do not apply to Northern Ireland or to Scotland. The Bill in its entirety applies only to England and Wales, meaning that clause 11, for example—which is an important clause, because it does create a criminal offence, that of misleading the public—does not apply anywhere other than in England and Wales. Why should that be? Why is this Bill not drafted in such a way that those clauses apply to the whole United Kingdom, after which the Assemblies of Scotland and Northern Ireland can deploy the mechanism of legislative consent?