PARLIAMENTARY DEBATE
Public Office (Accountability) Bill - 19 January 2026 (Commons/Commons Chamber)
Debate Detail
As Members will be aware, the Bill was due to return to the Chamber today for its remaining Commons stages. From the very beginning we have been clear: it is a Bill for families, and it must have their voices and views at its heart. We remain absolutely committed to making meaningful changes for the families of Hillsborough, the Manchester terror attack, the Grenfell Tower fire, the sub-postmasters and, sadly, so many more.
The Bill is about something very simple: what people should be able to expect from the state when the worst, sadly, happens: candour, transparency, frankness and a system that stands with families, not against them—not a battle against the full might of the state. That is why the Bill is so important and is so long overdue, and it is why we will always be open to listening.
On Second Reading, the Prime Minister made a commitment that the Bill would not be watered down, and that any changes made to it will only strengthen it. We have always been clear that the Hillsborough law will apply to all public authorities, including the intelligence services. The Prime Minister was clear on Second Reading that the duty of candour would need to apply differently to the intelligence services, to get the right balance between transparency and national security. Last week, the Government brought forward several amendments to strengthen the Bill, including to extend the duty of candour directly to individuals working for the intelligence agencies, as well as to the authorities themselves. This was a direct response to concerns raised by MPs and campaigners.
There have been reports in the press that the Government wanted to water down aspects of the Bill. I want to take those claims head on, because, with respect, that was never, ever our intention. It is not what the amendments we proposed would have done. The amendments aimed to strengthen the Bill by extending the duty to individual employees of the intelligence services, as well as to the services as organisations. However, it is clear from our conversations with the families directly and with the stakeholders that there are concerns about how the accompanying safeguards we proposed will work in practice.
There will be questions about why we could not find a solution and why we need to delay when families have been clear on their views. I want to be clear that this is an incredibly complex area of policy. Across Government, we must think about all the possible scenarios and unintended consequences for national security, and then work together with Parliament, the Intelligence and Security Committee, the campaigners and, most of all, the families to find a way through.
It is right to acknowledge that this is not a simple issue to resolve. We are absolutely committed to the principles of the Bill: ensuring clear standards for all public servants and accountability for anyone who seeks to lie or cover up the truth. At the same time, our primary duty as the Government is to keep this country safe and secure. We must be able to assure our citizens and our allies that national security information will always be protected.
The Government remain resolutely committed to finding a way forward on this issue, which is why we have taken the decision to delay the remaining Commons stages of the Bill so that we can find a solution and bring it forward in this House. This pause is not a step back from our principles; it is a commitment to getting this right. I know that families have waited too long already. This decision is not one we took lightly, but we believe it is better to take the time needed to resolve the complex issues, rather than rush the Bill through.
I want to place on the record my deepest thanks to the families and stakeholders for all their continued work with us. It has been the biggest privilege for me, personally, to have had the opportunity to get to know them and to work alongside them over the last year—in particular Margaret Aspinall, Charlotte Hennessy, Sue Roberts, Steve Kelly, Jenni Hicks and Hilda Hammond, who I now personally count as my friends, and I hope they feel the same.
The Bill is about restoring trust between the public and the state. That trust cannot be demanded: it must be earned. It must be earned by showing the families that this legislation is not about appearances, not about headlines, not about being seen to act; it is about making real and lasting change. By listening to the families, and by taking time to get this right, that is exactly what we are doing. Because when things go wrong, the truth must come out. Accountability must follow and families must never, ever again be left to fight or walk alone. That is what the Bill will achieve, and I commend this statement to the House.
This problem was not some bolt out of the blue or unforeseeable surprise. How the Bill applies to the intelligence agencies is an obvious question that has been known for years, but it is a question that the Prime Minister—the man they used to call Mr Forensic—never thought to answer. Instead, he did what he always does: he made the campaigners one promise and made the intelligence agencies another. That is why, when the Bill’s Report stage was due last week, the Government pulled it. It is why, when it was due again today, they pulled it again, late last night. It is why, just now, the Minister was unable to say when the Government will bring forward their next attempt to get this right.
Right now, in the bowels of Whitehall, the Government are trying to draft their way through the problem—trying to find a form of words that will satisfy both the campaigners and the spooks. But I have news for the Minister: they cannot draft their way out of this problem. There is a choice to be made. If the Prime Minister believes it is dangerous to apply this law to the intelligence agencies in full, just as it is applied to other public bodies, then he simply should not do that. He needs to make a decision.
I have five questions for the Minister. I am not asking for classified information, so she need not use that defence. These are reasonable questions that she can answer. First, by what specific date will the Government return to Parliament with a new amendment to address this question? Secondly, do the Government still believe it is appropriate for the heads of the intelligence agencies to determine what information is provided to an investigation?
Thirdly, if the Government believe that somebody else should decide, who do they think that should be? Fourthly, if the Government believe that the decision rightly lies with the intelligence agencies, and that this is necessary for national security, are Ministers prepared to assert that difficult truth to the campaigners? Fifthly, what representations have the Government received from the Governments of other Five Eyes countries that do not have laws like this?
There are five questions; five clear answers are needed. After all this time, we deserve answers for the families who have suffered terrible tragedies, for the brave men and women who work every day to keep us safe, and for the country as a whole.
This completely avoidable situation is the fault of a pointless Prime Minister who has no idea what he wants to do and, even if he did, no idea how to do it. He made a promise but had no idea how to keep it. He made that promise not once, but five times in this House alone. As with tax and spend, jury trials, ID cards and more, the contradictions are piling up. The Government talk about a duty of candour, but if the Minister was to show some candour now, she would admit that this has been, from start to finish, an absolute mess.
The hon. Gentleman has been in the job for only a few days, and I was going to sincerely welcome him to his position and hope that we could work collegiately on this legislation for the families and the victims of these horrendous state cover-ups. However, I advise him that following in the footsteps of his predecessor, the right hon. Member for Newark (Robert Jenrick), by attention seeking at all costs does not end well.
To answer the hon. Gentleman’s questions, we will continue to work with the families, to listen and to work with the intelligence services and other partners to ensure that the Bill is brought back to the House when it is fit and proper.
I thank the Minister for the statement and for the pause. A lot of people were extremely concerned about what was happening over the weekend, myself included, so I think the pause is the right thing to do. This is not just a law or a piece of legislation; this is a legacy. This is about the 97 men, women and children who died at Hillsborough, but also those who have been wronged at the hands of the state. This is hugely important, and it is not party political. It is for the whole House to make sure it is done right.
I would like to ask the Minister why amendment 23, which I tabled and which has the full support of everybody connected to Hillsborough, has not been adopted by the Government. Why is it deemed not to be right and proper to be adopted by the Government? It would solve all our issues. Any clarification on that would be great.
Could the Minister also give us a timeline? As she rightly stated, we have waited a long, long time for this, and there is a real concern now that the Bill could be kicked into the long grass. I know the Minister does not want that; she knows I do not want that. All the families and campaigners do not want that either. I just ask for a little clarity on those two questions.
On a timeline, we know that families have waited too long. The Bill is not just overdue; it is far too overdue, and it is needed more than ever. However, it has to be right, and we have to get the balance right. We are not kicking the Bill into the long grass; we are committed to doing this as soon as possible, but we have to get it right. I am not setting an arbitrary deadline here—the families have asked me not to, because they want us to get it right. We are committed to doing that and to getting this policy correct. As soon as we have more information, I will bring that forward to the House.
My hon. Friend mentioned his specific amendment. Again, I am happy to speak with him on that and discuss it going forward. Again, I make the commitment that we will work together to get this right.
The carve-out for security services is completely unacceptable and has ground this process to a halt. It is vital that the legislation includes clear, binding provisions to ensure that the security services are subject to the duty of candour. Despite much of the rhetoric around this, there are clear ways to include the security services in this duty while still protecting sensitive national security information. We already do it, as the hon. Member for Liverpool West Derby (Ian Byrne) alluded to in speaking to his amendment 23, which I am pleased to have supported.
Provisions already exist to allow evidence that is too sensitive for public disclosure to be heard in closed proceedings before a judge in inquiries, so there is no issue there. Heads of service must be held to account if they refuse to provide relevant information to inquiries and investigations, but it is not for them to decide what is relevant to an inquiry or investigation; that is up to the independent chair of that inquiry. Campaigners raised this issue as early as last September, and Ministers were made fully aware that this was a red line for victims and their families.
I trust that the Minister has had the families at the forefront of her mind in everything that she has done, so I ask her: when the Government present their Bill to the House of Commons, will the duty of candour apply to all in the intelligence services? Will she commit to ensuring that Report and Third Reading of the Bill will take place as soon as possible, so that there is a chance that the legislation will pass prior to the end of this parliamentary Session and the next King’s Speech, as promised, and will she give a cast-iron guarantee that it will be in this place that we put the full Hillsborough law forward, not the other place, so that elected representatives can fully scrutinise the finished legislation?
There has never been a carve-out for the intelligence services. The duty of candour and assistance has always applied to them. The amendments that the Government tabled apply directly to individual employees of the intelligence services. The difference has always been on the procedures in place for how we handle secure information, but we are committed to finding a way forward for the benefit of everyone, and to doing so as soon as possible. I cannot give a definitive timeline, but we will do it at pace, with the families and the intelligence services. We have to get this right. The Bill will come to this House first, and I am committed to ensuring that it applies to all public servants.
While I am pleased that the Government have paused proceedings on the Hillsborough law, I am increasingly concerned about the direction of travel. In March last year, the families of the 97 and Merseyside MPs made it clear that we would not accept anything less than the Hillsborough law. We all understand the importance of national security, but this Bill is not incompatible with national security. As has been said, provisions already exist, and quite frankly, nobody is above the law. A carve-out for the security and intelligence services would only allow the behaviour exposed by the Manchester Arena inquiry to happen again, whereby MI5 were able to withhold information and avoid accountability.
The Minister has been very patient in her responses, but I urge her to continue to work with the families, and with Elkan Abrahamson and Pete Weatherby. Please, Minister, bring the Hillsborough law back to this House, so that we can all pass it, because as a Liverpool MP, it would devastate me to vote against the Hillsborough law.
The Bill will also ensure that all public servants and authorities are bound by a legal and criminalised duty of candour. It will bring in new criminal offences of misleading the public and of misconduct in public office. This will be a truly landmark Bill that will change the culture of British life for the better, forever. That is what is at stake here. That is why this Bill is so important, and we are committed to bringing it forward as soon as possible, but we need to get it right for everyone. That is what the Government are committed to doing.
Schedule 1 includes a carve-out for the intelligence and security services, who are proven not to have told the truth. That is a dreadful shame. I am told that we have to trust what is said, but that seems entirely inappropriate, as the heads of the security services have unfortunately shown themselves not to be trustworthy. People talk about our allies being able to trust us, but if the heads of the security services are lying, I do not know how our allies are meant to trust us. Will the Minister please tell us what the problem is with amendment 23? It has been put together by Pete Wetherby, Elkan and others, and the families support it. Why can we not just agree to it?
As my hon. Friend the Member for Liverpool West Derby (Ian Byrne) said, this is not just about the Hillsborough families, and I pay tribute to them for what they have done on behalf of others who have been wronged by the state. I say as chair of the all-party parliamentary group on haemophilia and contaminated blood that it is also about the people who were wronged in that scandal. It is about the nuclear test veterans, those wronged in the Horizon scandal in the Post Office and many others. What they have all shown us is that the state will lie to defend itself, and we do need this duty of candour for all, including the security services, who can give evidence in camera, so that they tell the truth to the public when they get things wrong, and so we can learn from it and move forwards.
I endorsed amendment 23—I think it is sound—and Pete Weatherby has also endorsed my amendment 20, which provides a simple role for the Intelligence and Security Committee. My question to the Minister is simple: when we see the next draft of the Bill, will there be a role for the ISC?
My colleague Paul Frew, a Member of the Legislative Assembly back home, is taking a candour Bill through the Assembly. The obligation must apply across the whole of the United Kingdom of Great Britain and Northern Ireland. May I ask the Minister a favour, if she does not mind? Will she work with the Northern Ireland Assembly, and with my colleague, to ensure that everyone will benefit, no matter whether they are in England, Scotland, Wales or Northern Ireland?
Will the Minister put on the record the understanding that those of us with closer proximity to power than the people who have campaigned courageously for this law have a tendency to be too trusting of others in powerful institutions? The security services sometimes let people down, and they sometimes do not effectively protect the lives of people in our country, so a duty of candour should apply to them, too. Will the Minister confirm that the amendment from my hon. Friend the Member for Liverpool West Derby (Ian Byrne) is not off the table and will now be fully and properly considered before the Bill comes back to this House?
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