PARLIAMENTARY DEBATE
Hillsborough: Collapse of Trials - 10 June 2021 (Commons/Commons Chamber)
Debate Detail
The collapse of the case concerning two former police officers and a solicitor who are charged with perverting the course of justice for allegedly having altered statements to be provided to the 1990 Taylor inquiry was the final opportunity for the families seeking justice for what happened at Hillsborough. As the House will have seen, the trial judge in that case ruled that the offence of perverting the course of justice could not have been committed because the inquiry was carrying out an administrative function for the Home Secretary and was not a process of public justice. As such, the prosecution was not able to establish a key element of the offence of perverting the course of justice and the case was unable to proceed any further. Of course, as Lord Chancellor, it is my duty to respect that decision.
Since the Taylor inquiry, the Inquiries Act 2005 was introduced, which allows inquiries to take evidence on oath and to compel witnesses to give evidence and to produce documentary evidence. Section 35 of that Act also makes it an offence to commit acts that intend to have the effect of distorting, altering or preventing evidence from being given to the statutory inquiry. It is also an offence intentionally to suppress or to conceal a relevant document or to destroy such a document.
Members will be rightly concerned as to what, if any, effect this may have on current public inquiries, such as the Grenfell inquiry, the undercover policing inquiry and the independent inquiry into child sexual abuse.
Each of those are statutory inquiries and each has been set up under the aegis of the 2005 Act, which means that, should someone seek to distort, destroy, conceal or suppress evidence in any of those inquiries, that Act provides that those actions will constitute a specific criminal offence. Indeed, the common law offence of perverting the course of justice may also be an appropriate offence to charge if the elements of that offence are made out.
We recognise the need for those in public office to act responsibly and to discharge their duties with both honesty and integrity. As we continue to consider the judgment in the latest Hillsborough trial and its implications, we will of course always consider opportunities to review the law and how it operates. I want the families to know that there will be no exception in this case. We are carefully considering the points made by the former Bishop of Liverpool, James Jones, in his 2017 report on the experiences of the Hillsborough families, including in relation to the proposed duty of candour. Our focus now, after the trial’s conclusion, will be on publishing the Government’s overarching response to that report, after having further consulted all the families.
Irrespective of the outcome of this case, the Government continue to be committed to engaging with the survivors and the bereaved families. It is critical that the lessons of the Hillsborough tragedy—the Hillsborough disaster—are not only learned but consistently applied so that something similar can never be allowed to happen again. The Government are absolutely determined to do just that.
It is 32 years since the 96 people were unlawfully killed having gone to watch a football match, primarily through the gross negligence of the South Yorkshire police who should have been protecting them. Five years since the inquest verdicts, after six men were charged with 14 offences, only two charges were even put to the jury. Twelve charges were thrown out or withdrawn and just one conviction was secured, for a health and safety breach, resulting in a £6,500 fine. Yet since 2016, the families and survivors have been silenced to prevent any prejudice to the criminal proceedings, necessitating the cancellation of all public memorial services, including the 30th anniversary, and preventing them from correcting the record when the Hillsborough slurs about fans causing the disaster have been repeated—and they have been repeated in court and outside court.
Does the Lord Chancellor agree that it is a catastrophic failure of our criminal justice system that nobody has been held accountable for these killings and that it has taken 32 years for things to fail so badly? Does he think that the Crown Prosecution Service has any questions to answer about the charges laid, the vigour with which they were fought, and the CPS’s failure to challenge the reintroduction of the Hillsborough slurs when the families themselves could not because they were silenced? Does he accept that the utter failure, over 32 years, of our criminal justice system to do justice for these people requires changes of the law to make sure that families who are bereaved in public disasters never again have to endure this extended ordeal, after so many years trying to get truth and justice?
The Lord Chancellor seemed to say that he wants to learn lessons, and I welcome that, so will he consider enacting measures in the Public Advocate (No. 2) Bill, which is designed to stop things going wrong in the first place—that is the key to stopping things going wrong in respect of public disasters—and in the Public Authority (Accountability) Bill? Will he work with those of us in this House who have been campaigning on this issue to get it right for the future?
Since the collapse of the trials, two defence barristers have repeated the Hillsborough slurs in public. This matters so much to the families—the cover-up has been denied—so does the Lord Chancellor agree that it now has to stop? Will he make it clear that it must stop and that the apology that the former Prime Minister, David Cameron, gave in this House matters now as much as it did then and sets the record straight? Does he agree that the idea that it is lawful for a public authority to withhold information from an inquiry established to identify why 96 people died at a football event and to learn lessons, and for a solicitor to advise such a step, cannot be right and must be changed?
With regard to the prosecution, clearly, it was right for the case to be brought and, as I have said, as Lord Chancellor, I have to respect the process. However, that has had quite a consequence for the families.
The important work that now needs to be done by colleagues in the Home Office—I have taken the trouble to speak to Home Office officials this morning—is to focus on Bishop James Jones’s 2017 report and work with the families to ensure that those recommendations are carried out. The focus has to be unrelenting, and I want this to take months, not years. Obviously, the families need to be at the heart of it—“nothing about them without them” clearly has to be the watchword—and I am confident, in the light of the work done by David Cameron, by my right hon. Friend the Member for Maidenhead (Mrs May) and now by the Home Office, that that approach will very much be taken.
In regard to the work that the hon. Member for Garston and Halewood and others, including Lord Wills, have been doing on the independent public advocate, I want to assure the hon. Lady that we are absolutely committed to ensuring that bereaved people are supported and given a proper voice throughout the process. A Government consultation was conducted in 2018, and the responses to it were rather varied. I propose to do some more work on that process more swiftly, and to bottom-out what the options might be in ensuring that any service is independent, has the confidence of those who use it and makes a difference, particularly in major public inquiries where many lives have been lost. I know that that has been the focus. I will work with the hon. Lady to ensure that the consultation will look at what the threshold might look like and at the overall impact. I do not think we need to create some huge public body; I know that that is not the hon. Lady’s intention. I now want to give this careful and close attention, and I am sure she will work with me on that.
It is good to note that a lot of work has already been done with regard to legal aid eligibility. We have, in effect, ended any means test on legal aid for legal help and, indeed, representation by the use of the exceptional cases funding category of legal aid. That was an important and welcome initiative. We must also bear in mind the work done by Mr Nick Hurd, a former Member of this House, as the Prime Minister’s adviser and envoy on the Grenfell inquiry. I want to make sure that the correlation of that type of role is fully understood in the concept of a potential independent public advocate. I am sure that the hon. Lady and I will have further exchanges, and I am sure she will forgive me if I have not answered every specific question that she has asked. I am profoundly grateful to her for her urgent question today.
“To ensure that the pain and suffering of the Hillsborough families…is not repeated, we will introduce an independent public advocate who will act for bereaved families after a public disaster and support them at public inquests.”
We are now four years on, so can I urge him to act swiftly in this matter? We have established our former colleague here in this House, Nick Hurd, as a ministerial representative working with the Grenfell families after that tragedy, but I would say to the Lord Chancellor that I see that role as quite different from the role of an independent public advocate. The independence of the public advocate is incredibly important. The Lord Chancellor wants to get it right, but please get it right quickly.
The Secretary of State will know that inquests have since found that 96 victims were unlawfully killed by the negligence of others. The authorities who were supposed to protect the 96 that day instead failed them. More than five years ago, the South Yorkshire police commander in charge on the day of the Hillsborough disaster admitted not only that he had inadequate experience to oversee the safety of the 54,000 people, not only that he accepted responsibility for the deaths, but that he lied, telling the then secretary of the Football Association that Liverpool fans should be blamed for getting entry through a large exit gate when, in fact, he ordered the gate to be opened himself. These lies—these pernicious, ugly mistruths—have caused incredible pain to the families of the 96, who were already in despair and obviously experiencing grief.
The collapse of the most recent case at the end of last month is yet another kick in the gut for the families of all those who lost loved ones at Hillsborough. It is nothing less than a national scandal that not one person responsible has been punished or held to account in the criminal justice system for these deadly failures. The lack of justice in this case is undermining the very concept of a public inquiry. After a tragedy like this, the system only works where there is good faith. There is clearly bad faith in respect of the Hillsborough tragedy, and we must legislate so that this can never happen again.
The travesty of Hillsborough is not a one-off. We can see parallels in the experience that the Grenfell families are going through at this time. Do the Government now accept that they need to change the law? Another tragedy, another 32 years of injustice—we clearly need to do something. This does not have to be a partisan issue. The former Prime Minister, as we have heard, yesterday expressed the need for legislative change after the most recent trial collapsed because, although it was accepted that police evidence had been altered, it did not constitute perversion of the course of justice as it was evidenced to a public inquiry. Authorities must be held to account and victims must be given the support that they need. The proposals to ensure that this takes place—the Public Advocate Bill and the Public Authority (Accountability) Bill—are ready to go. We cannot have more cover-ups, more lies and more pain for bereaved families. Truth and justice matter. Will the Secretary of State today commit to working cross-party to change the law not only to secure justice for the families of the 96, but to ensure that this does not and cannot ever happen again?
The right hon. Gentleman refers to changes in the law. I have already alluded to my intention with regard to the additional work to be done on how an independent public advocate service might work. I am also mindful of work that the Law Commission has done on potential changes to the offences of misconduct in public office, which are clearly tied in with these matters. On the matter of perverting the course of justice, I have made it clear that inquiries under the Inquiries Act 2005 could indeed be covered by that common law offence, which is a significant difference from the Taylor inquiry, which was, if you like, an administrative inquiry ordered by the Home Office, which formed the basis of learned trial judges’ decisions. I am confident that the current inquiries under the 2005 Act—indeed the future covid inquiry—would be covered, subject to the evidential tests being met by the common law offence of perverting the course of justice as well as the section 35 offences that I referred to in my initial statement.
Will the Lord Chancellor recognise that we have to be cautious in moving to legislative change in relation to the specific facts of this case? This is a case in which a legal decision—a point of law—was argued by very experienced counsel on both sides in front of a very experienced High Court judge. Conclusions may have to be made, as he has set out, as to what should come from that, but legislative change may not be appropriate where we are dealing with a very fact-specific set of circumstances and the particular legal status of the Taylor inquiry.
Will the Lord Chancellor also recognise that he has received from the Justice Committee a report that highlights the way in which, in a number of important areas, the coronial inquest system fails, regrettably, to protect and support bereaved families both in large cases of great public attention such as this and in smaller ones too? The report makes a specific recommendation that legal representation should, as a matter of course, be available to families in cases where there has been a disaster that has significant public consequences or where state agencies such as a police authority are themselves legally represented, so that the families can get their concerns aired and their desire to challenge and scrutinise the evidence heard by their own representatives at the inquest stage earlier in the proceedings?
My hon. Friend is right to talk about the excellent report that his Committee has done. We will respond to it by the end of July, and my officials are working on that response. His question draws out some important points that we should all remember when it comes to inquests. Inquests are processes that are designed to uncover the facts. They are not trials; they cannot be trials. This brings us back to the essential point for the families. The families have put their faith in the criminal trial process as a way of responsibility—people being held to account. However comprehensive the inquest process was—and the inquest chaired by Sir John Goldring was, indeed, a very comprehensive and thorough piece of work that all of us can reflect upon and understand—it was never going to be a trial.
The point I seek to make is that we must ensure that, when we talk about equality of arms, which is a very important point that underpins the hon. Lady’s campaign, we do not turn to some sort of adversarial blame game. That would be wrong. It would be a disservice, frankly, to bereaved families, and it would be a misunderstanding of the coroner’s function. Article 2 widens the provisions of the inquest to allow for wider consideration to be given, but it is important that all of us focus upon the function of an inquest and the fact that any changes to be made should not detract from its essential quality.
In 2016, the inquiry findings concluded that 96 victims were unlawfully killed due to gross negligence. Police errors in planning, defects at the stadium and delays in the emergency response all contributed to the disaster. The behaviour of fans was not to blame. The 32-year battle for justice by the families shows that the English legal system is in dire need of reform. It has failed to provide any real accountability for these unlawful deaths and a cover-up that extended from the police lying and omitting crucial details to the media narrative shifting, blaming fans for their deaths, and a long, hard fight for the truth. The collapse of the latest trial means that no one will be held criminally responsible. Margaret Aspinall, who lost her 18-year-old son in the disaster and is the former chair of the Hillsborough Family Support Group, has called this outcome a
“cover-up of the cover-up of the cover-up”,
saying that families have been
“put through a 32-year legal nightmare looking for the truth and accountability.”
Given the collapse of the trial, how does the Minister plan to promote confidence in accountability for public servants and in the idea that fair justice is ensured in the English legal system? The ruling that the Government inquiries are not a course of public justice and that in effect public servants cannot be held legally to account for evidence provided to them is incorrect and risks creating a dangerous precedent for those who wish to withhold or amend evidence for future inquiries. What action will the Minister take to ensure that the system of inquiries is not compromised by this ruling?
This is the end of the legal line for the Hillsborough campaigners. The reviews, inquiries, inquests and criminal trials have allowed the record to be set straight and established that fans were not to blame for the disaster. However, no convictions have been made and many still feel that justice has not been served. What assurances can the Government give to the victims and their families that the lessons of Hillsborough have been learned and that justice and accountability remain unequivocally guaranteed in the English legal system?
No one should go to a football match and not return home afterwards. It is right that the matter is considered carefully and sensitively, but after 32 years the campaign for justice for the 96 rightly deserved justice.
What brings those two tragedies together, although they are separated by time, is the fundamental approach that was taken to safety then. It seems that public order trumped safety, and the attitude of the then authorities was about the containment of potential unruly behaviour rather than the fundamental issues of safety. That lazy thinking, which seems astounding now in 2021, underpins many of the ways in which disasters such as this happened—or near disasters, which on many occasions were averted only by mere good luck or circumstance. That is an important point to reflect on. We cannot go back to those days. The care and safety of fans at matches have to be paramount and at the centre of any considerations by police and other agencies responsible for safety on these important occasions.
I have in my previous answers dealt with many of the proper points that the hon. Lady raises. I will reflect in this way: with regard to the inquest process, I think she will appreciate the important need for me to balance the imperative of ensuring that those who have been voiceless have a voice while at the same time making sure that we do not do anything inadvertent to close down opportunities for frankness. Although the Inquiries Act has done a very important job in making clear what is covered not just by statute but by the common law offence of perverting the course of justice, just because an inquiry might not be held under its aegis does not mean that there should be some retreat from principles of honesty, openness and integrity. That should not be the case. It should not just be about the letter of the law being there; it should be about the spirit of behaviour by everybody. That is what I want to see, and I know that it is what hon. and right hon. Members want to see too.
In terms of the other important points the hon. Gentleman makes, colleagues at the Home Office will now be working closely with the families with regard to the 2017 Bishop James Jones report. They can get on with that work now that the trial has come to a conclusion. As I said earlier, “nothing about them without them” has to be at the heart of the work that is done with the families, so that what emerges will be a positive set of changes informed by the excellent work of Bishop James Jones.
Secondly, I have already outlined what my intentions are with potential legislative change, and I absolutely get the hon. Gentleman’s point about the need, after all this time, for work to be done as speedily as possible.
What is important now is that we take the lessons forward. This has been a terrible time again for the families. I hear what the Secretary of State says, but over the years as an MP on constituency cases I have had some good and bad experiences with the coronial service. I dealt with a case recently that also raises questions about whether sensitivity and openness to families is really there throughout the coronial service. I hope that we will look at that again.
The fact that there has been no individual responsible held to account by the justice system is a national scandal, as are the years of smears about fans that the families and survivors have endured, blaming them for the disaster. Will the Government therefore consider implementing the Public Authority (Accountability) Bill of the former Member for Leigh to set a requirement on public institutions, public servants and officials, and on those carrying out functions on their behalf, to act in the public interest and with candour and frankness, so that other families bereaved in public disasters cannot be treated as disgracefully as the Hillsborough families have been?
I listened very carefully to the hon. Lady’s point about the Bill that fell back prior to the general election of 2017. I am of course, as I have already indicated, looking carefully at aspects relating to that Bill, and indeed at wider work to make sure that we fully reflect the wrongs that were committed and the culture change that I think is such an important part of rectifying the ills of the past.
On 15 April 1989, I witnessed 96 women, men and children unlawfully killed at a football match in Hillsborough, Sheffield. On 26 May 2021 in Salford, we shamefully witnessed a trial collapse on a technicality. After 32 years, not a single person has been held accountable for the deaths, and justice has been denied to families and survivors.
“Our loved ones went to a football match and were killed, then they and the survivors were branded hooligans,”
said Margaret Aspinall:
“We’ve been put through a 32-year legal nightmare looking for the truth and accountability.”
Mary Corrigan, whose 17-year-old son Keith—he was a great friend of mine—died, said she was “so angry”:
“It’s the lies, the lies that they’ve come out with,”
she said:
“It’s unbelievable.”
We now have families of the dead, survivors and indeed a city—broken by the events of 32 years—believing our justice system is corrupt and damaged beyond repair.
Does the Lord Chancellor accept that there need to be legislative changes to avoid families affected by future disasters facing the same mistreatment and injustice as the Hillsborough families and survivors have suffered? Will the Lord Chancellor commit to working with families, survivors and Members across this House to implement the Public Advocate (No. 2) Bill of my hon. Friend the Member for Garston and Halewood (Maria Eagle), which will help to ensure this injustice is never repeated?
I want to thank my hon. Friend the Member for Garston and Halewood (Maria Eagle) and the right hon. Member for Maidenhead (Mrs May) for their incredible work on this, and I will support them every step of the way as they create a legal legacy for all those affected in the most terrible way by the Hillsborough disaster. Both of them accurately captured the effective silencing in recent years of those who know the truth of Hillsborough during the recent proceedings, which is why I want to ask about the Hillsborough archive, which is crucial to making sure that history correctly records the truth of Hillsborough. Will the Lord Chancellor and appropriate Ministers meet me to discuss the future for that archive?
I have heard the Lord Chancellor’s responses today, but, as my right hon. Friend the Member for Tottenham (Mr Lammy) says, the Public Advocate Bill and the Public Authority (Accountability) Bill are ready to go. Will the Government now commit to introducing that legislation without delay, so that no families bereaved by public disasters have to go through what the families who lost loved ones at Hillsborough have had to endure?
I will not reiterate the points I have made, but I refer the hon. Gentleman to the answers that I gave a moment ago. I simply say this: I want to get it right and to ensure that things are done as quickly as possible, but I do not want to rush this and get it wrong in a way that, frankly, the families would, once again, be let down by.
To then come to the final stage, with a court case falling on the technicality that it is not unlawful to give false statements in an inquest—we cannot imagine the pain and anguish that that must cause. I ask the Lord Chancellor to expedite the changes in law that he has said he is willing to do, but will he also tell us whether he thinks the Crown Prosecution Service has anything to answer for here? Should it be looking at itself and the way it has conducted itself during this case?
With regard to the CPS, I have to say that I am not the accountable Minister. The Attorney General is responsible for the superintendence of the independent Crown Prosecution Service. As Lord Chancellor, my clear role is to acknowledge and respect process, and I think perhaps it would not be right for me to make comments about an individual case, not having been close to the facts. The hon. Gentleman knows that there are mechanisms by which further questions can be asked, primarily via the Attorney General’s Office.
The fact remains that 96 innocent men, women and children were unlawfully killed, and yet nobody has been held accountable and justice still awaits. Will the Secretary of State condemn Jonathan Goldberg’s recent comments about the behaviour of Liverpool fans that day? A member of the Queen’s Counsel should know better and, quite frankly, his empty apology just does not cut it.
Royal Assent
Finance Act 2021.
I now suspend the House for two minutes to enable the necessary arrangements to be made for the next business.
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