What will the Hillsborough law do and why is it finally happening this week?
A breakthrough this week in the campaign for the long-awaited Hillsborough law, which should now pass the Commons and shortly thereafter be approved by the Lords. The legislation will be amended to remove a “carve out” for staff in the Secret Intelligence Service (SIS), something that campaigners objected to with some determination after MI5, MI6 and GCHQ applied to resist the “duty of candour” on national security grounds. It may be no coincidence that the sudden rush to complete the passage of the bill comes as Keir Starmer prepares to leave office. Indeed, it may be that the prime minister would like to see it as part of his “legacy”. Others see it as the first act of the Burnham administration because of his long-term association with the Hillsborough Campaign’s fight for justice
It’s not quite law yet, but it very soon will be, and the idea is to make it much more difficult for the police, civil servants and other public officials to cover up wrongdoing. This is what occurred after the 1989 disaster at the Hillsborough stadium in Sheffield that led to the deaths of 97 Liverpool football fans during an FA Cup fixture with Nottingham Forest. The Liverpool crowd was wrongly blamed for the loss of life. The Public Office (Accountability) Bill requires public officials to abide by “a duty of candour and assistance” – a legal requirement to be completely open and transparent, and not indulge in selective disclosure of facts and evidence. In addition, there are new mandatory codes of conduct, a strengthened definition of “misconduct in public office” and enhanced status for the representatives of victims during public inquiries.
A fudge, but a useful one, has been found. Amendments to the existing bill will mean that anyone who works or has worked for the SIS will no longer be exempt from the new duty of candour, but will still be given slightly different procedures for disclosure. Thus, they will now reportedly be given “compliance directions” so that relevant secrets can be released “securely in a national security context” to their chiefs. In turns, these heads of department would then be responsible for passing on information to an inquiry or investigation.
The law was promised by Labour long before the last general election and was supposed to have been enacted by last autumn and delays were being criticised by Andy Burnham as long as a year ago. Burnham, and his fellow metro mayor Steve Rotherham in Liverpool City Region, have been agitating for justice for decades. As culture secretary under Gordon Brown, Burnham was left shaken when booed at a 2009 event marking the anniversary of the disaster, and he initiated the process that led to the subsequent public inquiry and the exoneration of fans and their families. Starmer has also been a dedicated supporter of the cause, but he failed to deliver what the campaign wanted quickly enough. Thus, in different ways, the latest move is probably due to the common interest of the current and next prime ministers in marking this down as personal achievement.
It is telling that Hillsborough campaigners have been joined over the years by those representing victims of the Grenfell Tower fire, the Manchester Arena bombing, the Post Office and infected blood scandals, and nuclear test veterans. It illustrates how organisations – both public and private – tend to close ranks and protect their own interests during a crisis, up to and including lying and manipulation of the media. Recent scandals suggest the Hillsborough law could be equally well applied to charities, financial institutions, accountants, utility firms and churches as to the police and NHS. Maybe something that Burnham could consider as the next move is to build “a society that works for everyone”?