PARLIAMENTARY DEBATE
Hillsborough Families Report: National Police Response - 1 February 2023 (Commons/Commons Chamber)
Debate Detail
The Hillsborough disaster was an awful, devastating tragedy. Its impact continues to be felt to this day, especially by the families and friends of the victims. I am sure the thoughts of the whole House are with them. It is imperative that lessons are learned from the experiences the Hillsborough families have gone through, so I am very grateful to Bishop James Jones for the report he produced, which highlighted a number of points of learning for the Government, the police and other agencies.
As my right hon. Friend the Home Secretary said during yesterday’s debate, the Government are fully committed to engaging with the Hillsborough families prior to the publication of the Government’s formal response. Since arriving in the Home Office two or three months ago, I have asked for this work to be sped up, and we are expecting it to come out in the course of this spring. The National Police Chiefs’ Council and the College of Policing published their response earlier this week. I welcome their commitment to avoid repeating the mistakes that were made, and I welcome the apology that they gave. They made it clear that strong ethical values and the need for humanity and humility in the police response to public tragedies are critical. One of the commitments they rightly made earlier this week was to substantially strengthen and update their own code of ethics in relation to these issues.
Some important steps have been made by the Government in the past few years, which have addressed a number, but not all, of the points that Bishop James Jones published. For example, in 2020 a suite of police integrity reforms was introduced, on a statutory basis, via the professional standards for policing, which included, crucially, a duty to co-operate with inquiries. Other initiatives have already been taken forward to support bereaved families, including the removal of means-testing for exceptional case funding to cover legal support for families at an inquest, which broadens the scope and access for families; and the refreshing of our “Guide to Coroner Services for Bereaved People” so that it is more tailored to their needs and provides improved guidance for others involved in the inquest process. The Inquiries Act 2005 also provides a statutory process for funding legal representation requests. Last year, the Home Office also established an independent pathology review, and additional consultation with the families is now taking place. A consultation has also taken place on retaining police documents, which was the subject of a recommendation made by the bishop, and the Ministry of Justice has also consulted on establishing an independent public advocate.
Those steps are important. They go a long way to improving the situation, but they do not cover everything that the bishop recommended, which is why we will be responding in full. We intend to do so in the spring, but after, of course, full and deep engagement with the families concerned.
The Government are committed to making sure that these lessons are learned following this awful tragedy and I, as the newly appointed Police Minister, will do everything that I can to work with Members across the House, particularly those representing the affected communities, to make sure that this does now happen quickly.
The lies and smears from the cover-up by the establishment, which acted with impunity and arrogance because it could, meant that justice was never delivered for all those who have died and suffered since. In 2017, Bishop Jones delivered the report “The patronising disposition of unaccountable power: A report to ensure the pain and suffering of the Hillsborough families is not repeated.” Shamefully, we have not yet had a Government response to his recommendations in the report commissioned by the then Prime Minister, the right hon. Member for Maidenhead (Mrs May).
Yesterday, Bishop Jones said that the delay was intolerable. His recommendations are, in essence, the Hillsborough law, which so many in this place and outside have since campaigned for. We must always remember that these recommendations are to ensure that no other community goes through the suffering that we have endured since 1989. They will hopefully futureproof the ability to gain justice.
Yesterday, we finally had the response to the report from the College of Policing and the National Police Chiefs’ Council. This was the first apology from the police force for its actions since the disaster 33 years ago. For so many, including myself, it is far too little and far too late.
Yesterday’s recommendations from the police did not go anywhere near far enough to change the culture that we came up against in our quest for justice. I ask the Minister whether this Government will do the right thing for future generations in our nation and implement a Hillsborough law containing Bishop Jones’s recommendations with immediate effect. The families and survivors of so many disasters and consequent state cover-ups deserve nothing less, and these injustices must never again be allowed. If a Hillsborough law had existed in 1989, we would have had a chance of justice for the 97; without it we had none.
I reiterate that the statutory changes made to the professional standards for policing in 2020 include a duty of co-operation on police officers in relation to inquiries, which, as he has said, is very important. He is right: we do need to get on and respond comprehensively to the bishop’s recommendations, which is what I am working on.
Let me say first to my right hon. Friend that I do not think saying vaguely that the Government’s response will be available this spring is good enough: five years on, they must now publish it. Secondly, does my right hon. Friend agree that one of the elements that can be put in place to help families if, sadly, such an event—a tragedy of this sort— happens in the future is the introduction of an independent public advocate, which was promised in the Conservative party manifesto in 2017? Will he give a commitment now that the Home Office will not put any barriers in the way of the work of the Ministry of Justice in introducing such a body?
Ninety-seven people lost their lives as a result of what happened at Hillsborough on that terrible day 34 years ago. We remember the football fans who never came home, and we must also never forget the shameful cover-up that followed. The Hillsborough families have fought for decades against obfuscation and lies to get to the truth. Everyone hoped that the report from the Right Rev. James Jones would be a turning point, and I welcome the work that the former Home Secretary did in commissioning that report, but it is five years on. The police have rightly said:
“Police failures were the main cause of the tragedy and have continued to blight the lives of family members ever since.”
Nevertheless, five years is too long, and what makes this even more shameful is the fact that there is still no Government response to what has happened. The Home Secretary said yesterday that it was because of active criminal proceedings, but those finished 18 months ago, and the work could have taken place even while those proceedings were ongoing.
In September 2021 the Government announced that the response would be published by the end of the year, and we are still waiting. The Home Secretary also said yesterday that the Government were engaging with families, but what engagement has taken place? Has the Home Secretary met the families? Has she met the bishop? And I have to ask, where is she today? Previous Home Secretaries have shown respect to the families and acknowledgement of the appalling ways in which they have been wronged by being here to respond, and it is a devastating failure of responsibility and respect to them for her not to be here to respond.
The key measures on which we need a Government response are well known: the duty of candour, the public advocate and the elements of the Hillsborough law. The Labour party stands ready to support that law and get it into statute. Will the Government now commit themselves to supporting it, and recognise what the bishop has said about its being “intolerable”, given the pain of those families, not to have a response? The report is entitled “The patronising disposition of unaccountable power”. Does the Minister accept that that is exactly what this continued delay will feel like to so many families and survivors now?
As the shadow Home Secretary said, the police have apologised for the terrible failings that took place on the day and in the years subsequently. It is right that they have apologised to the families, and to the country as well. In relation to the timing, I have already said that there were legal proceedings ongoing. It has been 18 to 21 months since those concluded, which is why since I was appointed I have asked for the work to be sped up, and it will be concluded rapidly and it will respond to all the points in full.
I repeat the point I made earlier that a number of things have happened already. The right hon. Lady mentioned the independent public advocate. As she will know from her own time in government, where a public consultation has taken place, it is generally speaking a prelude to action. On the question of co-operating with inquiries, the 2020 statutory professional standards for policing did introduce that requirement, but the response needs to cover all the points, and that will happen soon.
As Bishop Jones has said, the wait has been “intolerable”, and the families are speaking about the bishop’s report gathering dust. I appreciate that questions are being raised that will not be answered today, in the light of the announcement of a spring publication, but can the Minister at least assure us that when that long overdue response from the Government is published, we can have a full debate on the Floor of the House on its findings?
Secondly, the Minister referred to engagement with the families. There has been some good engagement, but there have been some ropy times as well, so can he say a little more about what form that engagement will take going forward?
It has taken too long to learn the lessons of Hillsborough. Will my right hon. Friend confirm, irrespective of the timing of the publication of a Government response, that he will emphasise to all police forces around the country that if such an appalling tragedy ever happens again, their officers must behave openly and sympathetically, even if it means showing their own shortcomings?
The Minister keeps referring to the consultation on the independent public advocate. That happened in 2018. The Government have not yet responded to their own consultation on the independent public advocate. But I can get the Minister off the hook. My Public Advocate (No. 2) Bill will be considered again in the Chamber this Friday. If the Minister were to stop his Whip objecting to it for the 12th time in this Session, we could get it into Committee and start this legislation rolling. It is a key part of the Hillsborough law, along with the duty of candour and the equality of arms at inquests. With the support of Labour Front Benchers, the Minister could do himself and his Government a favour by getting that legislation through.
Mr Deputy Speaker, as you may be aware, I have a number of constituents who lost loved ones at Hillsborough, and I myself was present that day at the disaster. As I am sure my hon. Friend the Member for Garston and Halewood (Maria Eagle) will agree, my hon. Friend and I are so proud to have been privy to the work of the Hillsborough families over the years in fighting for justice. Part of the injustice that has existed over the years—apart from the general injustice—was the continued delays, the time it took to try to get to justice and get to the bottom of what went wrong, even though we all knew, and to get the report out. It took a long, long time, and this is adding to the torture of the families and those people who were affected by Hillsborough, so the Minister saying that he hopes to have a response by the spring is just not good enough. I ask him to come back to the House before the recess in February with an actual date for when that response will be given to the House.
The key problem is that, in the same way, following the policing in 1981, 1987 and 1989, the lessons were not learned. I personally gave evidence to the inquiry about what happened in 1981, yet nothing seems to have happened about those aspects of policing. Will my hon. Friend the Minister ensure that there will be a duty of candour and the other legislative measures that we need to ensure that the police own up to their mistakes, rather than cover them up for 34 years? They may apologise now, but it is far too late for the victims.
The appalling treatment of the Hillsborough families did not happen in isolation. As we have heard, from the contaminated blood scandal to Grenfell, it is part of a problem of failure and cover-up. When will the Government finally listen to calls for the Hillsborough law? Will the Minister back the Public Advocate (No. 2) Bill introduced by my hon. Friend the Member for Garston and Halewood (Maria Eagle) so that the scales of justice can be levelled in favour of the bereaved families?
After 34 long years, the police finally acknowledged what every decent Scouser and every decent person in this country knew: a failure in policing was the main cause of the tragedy that saw the death of 97 innocent men, women and children. Our city has never given up the fight for truth, justice and accountability. I have heard nothing from the Minister at the Dispatch Box today to say why the Government have not responded to the report for five long years. This Friday, the Minister has the ideal opportunity to back the Bill of my hon. Friend the Member for Garston and Halewood and the duty of candour. We do not want to hear the reasons why it cannot be done or that something will be brought forward in the spring. The Government have an ideal opportunity to back this Bill on Friday. The first question is, will they do that? If not, why not?
Secondly, the Secretary of State for Education—herself a Scouser—did the media round today. On BBC Radio 4, she said that there had been no Government response to Bishop James Jones’s Hillsborough report because of ongoing criminal trials. The last trial finished in May 2021, and the police conduct investigation is ongoing. Does the Minister agree, after all the smears and all the lies, and after 34 years, that Ministers have a responsibility to ensure that what they say in the media round is truthful?
The IPA is a Ministry of Justice lead. I cannot speak for that Department, but I can say that it is working actively on it.
The position on the delay is as I explained earlier. Between 2017 and May 2021, there were ongoing legal proceedings, as the hon. Lady just said. For the past 18 to 21 months, that has not been the case, and we need to get on quickly and bring forward the full Government response. I will make sure that that happens.
I want a straightforward yes or no answer. When the Bill promoted by my hon. Friend the Member for Garston and Halewood (Maria Eagle) comes before the House on Friday, will the Government block it—yes or no?
More than 30 years after the Hillsborough disaster, and more than five years after the publication of Bishop Jones’s report, the National Police Chiefs’ Council and the College of Policing have finally apologised for what they described as decades of “deflection and denial”. However, for many of my constituents, who are still haunted by that terrible day, that is too little, too late.
Does the Minister agree that while plans to revise the police code of ethics are welcome, a new duty of candour on public authorities must have a statutory footing, so that no family ever again has to struggle for truth and justice, which the Hillsborough families sought for decades?
I hear what the Minister is saying about a Hillsborough law, but can he tell us whether, in principle, he agrees that we should have a Hillsborough law that would place a new legal duty of candour on public authorities and officials—not just the police, but all public authorities and officials—and would ensure that victims of disasters or state-related deaths are entitled to parity of legal representation during inquests and inquiries?
Secondly, the hon. Member for Harrow East (Bob Blackman) is right; the South Yorkshire police are accountable for what they have done. They probably have not been accountable enough, given their enormous failings. But there was also a failing to recognise that circumstances had changed, with cages being put around grounds. As Lord Justice Taylor recommended in his report, those cages had to be taken down because they were making so many grounds in this country unsafe. Essentially, they were put there to treat every football fan as a hooligan, without any thought for spectator safety, and we ought to learn some lessons from that as well.
When the Government eventually produce their report, rather than merely giving us warm words and commitments, will they say how they will ensure that every single police force in the country abides by the recommendations in the report and implements them in full?
The Hillsborough disaster will live long in the memory of my constituents, but it is completely unacceptable that, more than 30 years on, 97 families are still waiting for justice and assurances that this can never happen again. It would show those families the respect they deserve if the Government were to do exactly what my hon. Friend the Member for Wallasey (Dame Angela Eagle) has asked for, by supporting the Bill that will be debated in the Chamber on Friday. Let us show the families the respect that they deserve and have not received until now.
Action is also being taken on the vetting issues that we have debated in this House over the past two or three months. We are looking to review the way in which dismissals from the police happen, so we can allow chief constables more readily to remove officers who are guilty of misconduct or of poor performance more generally. I agree with the hon. Gentleman’s point; action is under way.
Let me end my answer by saying that, despite the points that the hon. Gentleman has raised and other points that we have debated in this House over the past few months, the vast majority of police officers are dedicated, hard-working, decent people who put themselves in danger for our safety. But where there are terrible failings, as there have been in this case and others that we have debated recently, it is critical that robust action is taken, because without public confidence we cannot have an effective police force.
In closing, I repeat that I want to see this happen as quickly as possible. Hon. Members on both sides of the House have made very clear the House’s expectation that it will happen as quickly as possible. I will make sure that it is my duty to ensure that it does.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.