PARLIAMENTARY DEBATE
Independent Public Advocate - 1 March 2023 (Commons/Commons Chamber)
Debate Detail
I know the whole House will recall that fateful day of 15 April 1989, when thousands of fans prepared to watch the FA cup semi-final between Liverpool and Nottingham Forest. Ninety-seven men, women and children lost their lives, unlawfully killed in our country’s worst ever sporting disaster. What happened at Hillsborough was a monumental and devastating tragedy. To this day, I remember watching the scenes in horror, and the impact is felt to this day, especially by the families and friends of the victims.
Of course, for Hillsborough’s survivors and the bereaved, that terrible day was just the beginning of a 34-year ordeal. It was followed by an appalling injustice. Fans were blamed for their own injuries. Survivors and the bereaved were blocked at every turn in their search for answers. We must learn the lessons of Hillsborough and we must make sure they never happen again.
In the wider context, major disasters involving significant loss of life are mercifully rare in this country. But, as Hillsborough, Grenfell and the Manchester bombings have shown, when they do happen, victims, families and communities have not received the answers to their questions, nor the support they need. We are duty bound, as a Government and as a House, to make sure that that never happens again and, positively, to ensure that those families and communities never again have to struggle in anguish against a system created to help them, in order to get the truth, and some measure of accountability.
The IPA will go some way to making good on the Government’s longstanding promise to ensure that the pain and suffering of the Hillsborough victims, and other victims, is never repeated. It will be passed into law, and made up of a panel of experts to guide survivors and the bereaved in the aftermath of major disasters. It will deliver in six important respects that I will outline for the House.
First, the IPA will provide practical support to the families of the deceased, and individuals, or their representatives, who have suffered a devastating or life-changing injury. That practical support will include helping them to understand their rights, such as their right to receive certain information at inquests or inquiries, and signposting them to support services, for example financial or mental health support. In particular, the IPA will help victims every step of the way, from the immediate aftermath of a tragic event, right through to the conclusion of investigations, inquiries or inquests. We will make IPA support available to the closest next of kin relative, both parents where they are separated or divorced, or to a close friend if there is no close family. That support will also be there for those whose loved ones die after the tragedy as a result of their injuries—a particular issue in relation to Grenfell, as I know from my experience as housing Minister. The IPA will also offer support to injured victims or their representatives.
Secondly and critically, the IPA will give the victims a voice when they need it most. It will advocate on their behalf with public authorities and Government, for example, where they have concerns about the engagement and responsiveness of public authorities such as the police or local authorities, or where the victims and bereaved want an investigation or inquiry set up more swiftly, to ensure maximum transparency.
Thirdly, the IPA will give a voice to the wider communities, not just the directly affected victims and bereaved, that have been affected most by the tragedy in question. To achieve that, we will set up a register of advocates from a range of different professions, backgrounds and geographical areas, including doctors, social workers, emergency workers, clergy, people with media-handling experience—often that is another burden that victims will not have experienced—and others. Communities will be able to nominate an advocate to act on their behalf, in order to express their particular concerns and ensure that their voice is heard as a community.
Fourthly, the IPA will be supported by full-time, permanent staff so that it can act swiftly when a tragedy occurs to make sure that the support is there for the victims and the families from day one. Critically, the IPA will be there to consult with and represent victims and their families before any inquiry is set up, so it will be able to make representations on the type of inquiry, whether it is statutory or non-statutory, and other important functional issues, such as the data controller powers available to any inquiry and the relationship it may have with the IPA in the exercise of such functions.
Fifthly, the scope of the IPA will be extended to cover events in England and Wales, but of course we are mindful of the devolved settlements, so we will work with all the devolved Administrations to ensure that our plans are co-ordinated with the support offered outside England and Wales. Finally, although the IPA is first and foremost about doing better by the victims and survivors, it is worth acknowledging that it is also in the wider interests of the public. It will ensure that we achieve a better relationship between public bodies, the Government and the bereaved; that we get better, quicker answers; and that we can learn and act on the lessons from such tragedies more decisively.
I can tell the House that the preparatory work is well under way to establish the IPA, and we will place it on a statutory footing as soon as possible. I will say more about the legislative vehicle shortly.
Of course, there have been other important reforms in recent years to support and empower victims and their families. We have made inquests more sympathetic to the bereaved with a refreshed, accessible guide to coroner services, so the process, which can feel like a minefield to navigate, is easier to digest and understand. We have removed means testing for the exceptional case funding for legal representation at an inquest, which means that applying for legal aid is easier and less intrusive. People who have suffered a traumatic bereavement no longer have to submit the details of their personal finances to the Legal Aid Agency; if their case meets the exceptional case funding criteria, they will be entitled to legal aid whatever their means.
More broadly, we are putting victims at the heart of our justice system by quadrupling victims funding compared with 2010, and we are giving them a louder voice through the upcoming victims Bill. The creation of an independent public advocate to give greater voice to the victims and the bereaved of major tragedies is the next important step forward.
I know that hon. Members on both sides of the House will join me in paying tribute to the Hillsborough families for their courage and determination despite every setback and to their long-standing struggle to stop other families from enduring the same anguish in future. They have always maintained that their struggle for truth and justice for the 97 was of national significance, and I agree entirely. I also pay tribute to the families of those who died at Grenfell and the Manchester Arena bombing. Our hearts go out to them for their loss and I pay tribute to them for their dignified courage.
I also take the opportunity to pay tribute to hon. Members in this House and those in the other place who have campaigned tirelessly on the issue, including my right hon. Friend the Member for Maidenhead (Mrs May), the right hon. Member for Garston and Halewood (Maria Eagle), the hon. Member for Liverpool, West Derby (Ian Byrne), Lord Wills, the Mayor of Liverpool and others, for their steadfast commitment to establishing an IPA. I will continue to work closely with all those hon. Members, the Hillsborough families, the Grenfell groups and the families of the victims of the Manchester Arena bombing to ensure that their experiences are taken into account and we get the detail of the IPA right as we establish it.
I pay particular tribute to the right reverend James Jones KBE for his work on Hillsborough and his important report. I met him last week and the Government will respond to the wider report this spring. We know in our heads and hearts that there is still much more to do to heal the wounds from that horrendous and heartbreaking tragedy, but this is an important step forward. The IPA will make a real difference. I commend this statement to the House.
I was in Sheffield on that fateful day in 1989, just a mile or so from Hillsborough, with a junior doctor friend who was called back to the hospital to treat the victims and deal with the aftermath, so I vividly remember the horror of what we heard unfolding from the football stadium. I pay tribute to those families for their long struggle for justice and to those who have spoken up for them, notably: my right hon. Friend the Member for Garston and Halewood (Maria Eagle); my hon. Friend the Member for Liverpool, West Derby (Ian Byrne); the former Prime Minister, the right hon. Member for Maidenhead (Mrs May); Lord Wills; and the Mayor of Manchester.
Today is a chance to balance the scales of justice and give those victims the voice that they need and the power to make it heard, but it is a chance that the Government have missed. Their proposals do not go far enough and will be too weak, as they stand, to prevent future cover-ups. The public advocate needs to be a fully independent, permanent figure that is accountable to the families, not a panel of advisers appointed as a signposting service by the Government if they see fit.
It is critical that the public advocate has the full power of data controller, not just the power to make representations, as we heard from the Secretary of State. That means having the power to access all data, communications, documents and other information to torpedo cover-ups before they even happen. We know from the Hillsborough Independent Panel that the existence of such powers would be a massive deterrent to future cover-ups.
Will the Secretary of State reconsider and establish a fully independent public advocate? Will he agree to give it the full power of data controller from the start? That matters immensely because without control over the data that can expose the truth, there can be no transparency, and without transparency, there can be no justice. How many more tragedies will it take to wake the Government up? How many more lives need to be lost?
Labour is committed to real change. In government, we will establish a fully independent public advocate that is accountable to survivors and victims’ families. We will arm it with the power it needs to access documents and data to expose the truth about what went wrong, and, importantly, to stop cover-ups before they happen. That will be part of a Hillsborough law with teeth that will also give victims’ families access to legal aid and impose a duty of candour on public officials. We will do that because we believe that victims must be at the heart of the justice system and that they must have a voice and the power to make it heard, and because we understand that a system that fails to learn from its mistakes is doomed to repeat them.
The hon. Gentleman said that the IPA was not independent, but in fact it will be decided on the basis of consultations with the victims and the bereaved. That must be right to make sure that we have the right range of experts to deal with the particular circumstances of the tragedy in question. It would act on their behalf; it would not act on behalf of the Government.
The hon. Gentleman has referred to data controller powers. I understand exactly the point he makes, and as I said in my statement, it is important that there will be consultation with the families. The IPA will be able to consult with a putative independent inquiry, but the hon. Gentleman has to recognise that the independent inquiry will have many of those powers itself. Therefore, how would he reconcile that with duplicated powers in the IPA? However, this is something that we should talk about—I know it is an issue that has been raised by the right hon. Member for Garston and Halewood. We want to get this right, but what we risk is a conflict of functions, which is something we would all want to avoid.
The hon. Gentleman also mentioned other measures, such as the duty of candour. That is a broader issue for the Government’s response to the wider Hillsborough report, which is expected in the spring. I know it has been a long time coming, but it is right to deal with those broader issues. Although the IPA is only part of the redress and the accountability, I felt that we were in a position to not just bring forward the policy announcement but in due course, very shortly, to be able to say something about the legislative vehicle. Because this is such an important issue for the bereaved, the victims and the families, I felt it was right to do that now, not wait any longer.
For today, though, could my right hon. Friend please just go back to two particular issues? One is the question of whether the families, victims and survivors will be able themselves to initiate the independent public advocate, so that they are not relying on the Government to do that for them. Certainly, in the case of Hillsborough, it was the fact that the state and state authorities shut their doors to people that led to the 34 years’ wait for any answers for the families. Also, in line with that, will my right hon. Friend ensure that the IPA is able to compel the provision of information and evidence to the families? He is assuming that an inquiry will always take place, but that might not be the case. It is essential that the families have answers to their perfectly reasonable questions.
I listened very carefully to what my right hon. Friend said about the compulsion of evidence. As I said before, I am very happy to engage with her and with other hon. Members as this policy comes forward. I take her point that an inquiry may not be set up, but where one is set up, the piece that we need to reconcile is making sure that we do not have conflicting powers. But again, I am very happy to work with my right hon. Friend on the detail of this policy and, in due course, on the clauses.
The public advocate having the power to compel—to produce documentation and shine the light of transparency on what public authorities have done in the immediate aftermath of a disaster—would stop cover-ups. It would mean people not still having to fight to get at the truth 34 years later. That prize is within our grasp if we set this up right, so does the Secretary of State accept that if he does not beef up his proposals significantly, he will be missing an important opportunity to stop things going wrong for families? For what it is worth, I am perfectly willing to indicate to him in detail quite how those proposals ought to be improved.
Secondly, on the point about data, I am happy to keep listening and working on this issue, but if we have an inquiry that has powers to compel evidence of its own, the problem will be how we reconcile those powers where they are competing in a process. But as I have said, it is important that we bring this policy forward. There will be full scrutiny of it, and as we develop the clauses, I am very happy to keep working with the right hon. Lady.
The former Prime Minister’s point about the risk of cover-ups by those in authority is an important one. That is why, while I very much welcome what the Secretary of State has said—it is an important step—I hope that when engaging on how best to refine and advance these proposals, he looks again at the Justice Committee’s recommendation that there should be an extension of legal aid availability. Although the situation has already improved, we should be extending non-means-tested legal aid to all cases where there are mass fatalities, or where public bodies are potentially at fault. It is not fair—there is no equality of arms—when those public bodies are represented by teams of lawyers, but the bereaved families have to rely on sometimes getting legal aid and sometimes not, or on pro bono representation. Equality of arms would surely mean representation as a matter of right in those cases.
Again, I understand the point about compulsion of evidence. There is not a theological objection to it, certainly as far as I am concerned: it is a question of reconciling competing powers when an inquiry is set up. I will, of course, look at the Justice Committee’s report and recommendations on that issue. In general, of course, inquiries are not supposed to be adversarial, which is why the rules in relation to legal aid are as they are, but we will look at this and work with colleagues in all parts of the House as we introduce these important clauses.
For me, the key question is whether this proposal would have stopped the state cover-ups of Hillsborough, the contaminated blood scandal and so many other cover-ups over the ages, and whether it will prevent further cover-ups. Unfortunately, I have to say that the answer is no, so will the Secretary of State instead adopt the Bill tabled by my right hon. Friend the Member for Garston and Halewood, which is ready to go, and work with us to bring the Hillsborough law—including a fully independent public advocate—into legislation?
On the specific functions beyond those I set out in my statement, I am very happy to keep engaging, but I think that Members need to think about the practicalities, for example with data compulsion, and how we make sure that they can be reconciled. I hope that we will be able to continue working together to make sure that victims and the bereaved, particularly of pre-existing tragedies, such as Hillsborough, but also those in the future feel they are better equipped to get the answers and accountability that they need.
I also want to ask the Secretary of State about extending the duty of candour to public servants so that they have to proactively tell the truth, because without this information we will, as my right hon. Friend has said, always be liable to these cover-ups. I saw it through all of the process with Hillsborough, with Lakanal House, with Grenfell and with the covid inquiry—again and again. I want the Secretary of State to understand this issue properly; it is about the truth. Will he explain what he is going to do on the duty of candour?
I totally understand the importance of the duty of candour. I have never said that the IPA is the whole picture; I said that it is a partial but important step that we are taking. It is better to get on with it, because after so long, one thing that I get from the communities, victims and survivors is the need to get on with tangible action—that is the way we will restore confidence. Thy duty of candour was included in the report by Bishop James Jones, and therefore it is right that is part of the Home Office response. As has been set out previously, the Home Office will publish that response in the spring, and of course it will cover that issue.
The Secretary of State talks about a conflict between the IPA and any inquiry. Surely he must recognise that it is vital that victims and families feel confident that they have a truly independent advocate. Surely he must also recognise that, by definition, we cannot have too much transparency.
I am interested in the issue of legal representation that other Members have raised. How would the IPA interact with that, and what support might be there in accessing legal advice when, as others have said, it may face public bodies with well-funded legal teams that family members will not necessarily have access to?
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