Contribution
I welcome the Bill, and thank the Government for introducing it. It is the result of years of committed campaigning led by the families of the victims and the survivors of Hillsborough. Many of the worst corporate miscarriages of justice, from infected blood to Grenfell, would have been exposed years or even decades ago had it become law sooner.
The Bill requires the state and its agents to tell the truth about their misconduct, and gives rights to the victims, not least the right of representation on fair and equal terms in inquests and inquiries. Let us therefore celebrate a landmark piece of legislation which, like the Human Rights Act and the Freedom of Information Act under the last Labour Government, gives power to the citizen and makes the state accountable; but let us also look for ways to improve it by strengthening what is in it and adding what has been left out.
I welcome the duty of candour in clause 2, which requires public authorities and officials to act with “candour, transparency and frankness”. Clause 4 extends the duty of candour to bodies or individuals who are not public authorities or officials, but who had a “relevant public responsibility”. However, it requires
“a direct contractual relationship with the public authority”,
which means that subcontractors or subsidiary companies would not be caught by the duty of candour, and I think that is wrong.
Clause 11 introduces a new offence of misleading the public. It is a strong test, but the Bill also contains exemptions and caveats that may make it less comprehensive or effective. First, the “harm” test in the clause is unnecessary. The object of the clause is to prevent the public from being misled. That may cause harm to an individual, but it should not be a requirement. Preventing reliance on wrong information is an end in itself.
Secondly, the carve-out for the security services is too broad. Schedule 1 not only exempts legitimate safeguards such as national security, but gives a general exemption to intelligence officers at all levels up to and including director. Thirdly, clause 11 provides an exemption from the offence of misleading the public for acts done
“for the purposes of journalism.”
However, the scope of this exemption is unclear. For example, does it extend to individuals being interviewed as well as those conducting the interviews, or to public officials who also, for instance, publish news columns or host news programmes? We know all too well from Hillsborough that the actions of the media can lead to injustice for victims.
However, aside from that exemption, the role of the media has been overlooked by the Bill. South Yorkshire police defamed the Hillsborough families and survivors, but they did not do so alone. Their lies and smears were promoted by several newspapers, most notably The Sun. It was the culture, and the connections between the newspapers and the police, that enabled this to happen, and there is no evidence that that has changed. Just as South Yorkshire police were protected by The Sun after Hillsborough, the Metropolitan police were responsible for astonishing oversights in the investigations into phone hacking at News of the World.
The culture of complicity was due to be investigated by part 2 of the Leveson inquiry. Margaret Aspinall, who is here today, was among those due to give evidence to Leveson. Her son died at Hillsborough; he was only 18. Margaret has written powerfully in the Liverpool Echo today about the need for this Bill and for the press to be held to account.
I would like to voice my support for the expansion in legal aid for inquests that will be brought in by the Bill. The Bill provides that families will be eligible for non-means-tested legal aid if a public authority is an interested person at the inquest. I would appreciate clarity from the Minister on how that expansion in legal aid will be funded. What is the estimated cost of providing representation at inquests and inquiries, and how will it be funded? Will it be, for example, from existing budgets?
Finally, I will mention a couple of provisions that I think should be added to the Bill. There is no mention of the Independent Public Advocate. It would be good to hear from the Government on how they think that office—for which the Lord Chancellor has just made an excellent appointment in the person of Cindy Butts—can work to support victims through the Bill.
There is also no national oversight mechanism provided for in the Bill, despite widespread support for one as a necessary guarantee of the successful implementation of public inquiries and prevention of future deaths reports. A national oversight mechanism, which has been proposed by the charity Inquest—which I know has been working closely with the Hillsborough families—would ensure that recommendations from inquests and inquiries were effectively publicised and that their implementation was monitored. Too often, the recommendations of inquiries sit on shelves and are not implemented, and no one goes back to see that they are. A national oversight mechanism is a major omission from the Bill, and I hope the Minister will address that point when she winds up.
I invite the Minister to respond to the points I have raised this evening. The Bill is an overdue, but no less welcome, piece of legislation that the whole House should wish to improve and enact.