New Hillsborough law laid before UK parliament

The Public Office (Accountability) Bill, introduced by the UK government on 16 September, is designed to enforce a legal duty of candour on public officials and bodies, making misleading the public a criminal offence.

In 1989 97 Liverpool football fans lost their linves at Hillsborough Stadium in Sheffield  and South Yorkshire Police engaged in an attempt to cover up their negligence in its cause.

The new law, proposed as part of the report into the experience of the Hillsborough families produced by Reverend James Jones in 2017, will require public authorities and officials to make full disclosure of all available information – particularly if significant to an inquiry or investigation – from the outset of proceedings.

Authorities must act without favour to their own position, and provide corrections if errors are later identified, with failure to do so classed as a criminal offence carrying an unlimited fine or up to two years imprisonment.

Hannah Beaumont, a regulatory law expert with Pinsent Masons, said: “This legal duty is focused on the public sector, but also applies to some private bodies - those delivering public functions; those with a relevant health and safety responsibility; as well as relevant public sector contractors.

“For those who do not comply with this new duty the bill sets out clear criminal sanctions, including prison sentences. ’Relevant public responsibility’ is in essence those delivering public functions; those with a relevant health and safety responsibility; as well as relevant public sector contractors.  They will be relevant where their activities are carried out under contract with the public authority and ‘had a significant impact on members of the public.’  The challenge will be how this impact is determined,” she said.

While the law is named after, and inspired by, the Hillsborough families it also draws on the lack of disclosure around several recent public sector scandals.

“Hillsborough will always remain in our national consciousness for its tragedy and disgraceful injustice,” prime minister Sir Keir Starmer said in introducing the law. “But today it can also be remembered for the way it changed our country for the better. Because with this law, we are changing the balance of power in Britain and ensuring that the state can never hide from the people it is supposed to serve.”

Under the terms of the new legislation, the bereaved families will have their legal representation publicly funded at inquests, with the costs to be covered by the public body involved in the hearings. Public bodies will also now have a legal duty to engage legal representatives to act for them at UK inquiries and investigations “only if, and so far as, necessary and proportionate”.