Hillsborough Law Introduced to Parliament With a Duty of Candour

The Bill takes its name from the 1989 Hillsborough disaster. The government's factsheet refers to failings after Hillsborough, including witness statements being changed and bereaved families having no funding for legal representation at inquests, and to failings seen at Grenfell Tower and in the infected blood and Horizon scandals.

What the Bill would do

• A professional and legal duty requiring public officials to act with honesty and integrity at all times, with criminal sanctions for egregious breaches, including misleading the public in a seriously improper way.
• Publicly funded, non-means-tested legal representation for bereaved families at inquests where public bodies are involved, which the government describes as the largest expansion of legal aid in a decade.
• A legal duty on public bodies to keep their spending on inquests proportionate, supported by new guidance.
• Abolition of the common law offence of misconduct in public office, which carries a maximum of life imprisonment, and its replacement with two statutory offences: a seriously improper acts offence and an offence of breach of duty to prevent death or serious injury.

The new misconduct offences

The replacement offences follow recommendations of the Law Commission. The Bill sets out a list of who is a public office holder for these purposes, and both offences apply only to conduct connected with the role. Maximum penalties will be between 10 and 14 years' imprisonment, and the consent of the Director of Public Prosecutions will be required to bring a prosecution.

Who is affected

The Hillsborough Law would apply to public authorities and public office holders, and would change how they prepare for inquiries and inquests and disclose information. Senior officials, in-house legal teams and their advisers will need to review document handling and candour obligations. The Bill documents, including impact assessments, are published by the Ministry of Justice, and the Bill must now pass through both Houses of Parliament before becoming law.

Sources

• GOV.UK: Hillsborough Law to ensure truth never concealed by state again
• GOV.UK: Hillsborough Law Bill
• GOV.UK: Public Office (Accountability) Bill, Misconduct in Public Office Measures factsheet