That this House has considered proposed reforms to the criminal justice system to better respond to families bereaved by public disasters.
I thank the Backbench Business Committee for granting this timely debate about learning the lessons of the Hillsborough disaster so that never again will families bereaved by a public disaster have to endure the more than three decades-long ordeal of the Hillsborough families. It is about changing the law to ensure that what happened to them can never again happen to any families bereaved by a public disaster.
I begin by noting that, since the final criminal trials arising from Hillsborough collapsed in May, Mr Andrew Devine sadly died, aged 55, as a direct result of the catastrophic injuries that he received in the crush at Hillsborough in 1989. Liverpool coroner André Rebello recorded a verdict of unlawful killing following his death, which confirms that Andrew Devine is the 97th victim of the Hillsborough disaster. It is only right that his name is read aloud and noted in this place, as were the other 96 by Steve Rotheram, the former Member for Liverpool, Walton, in a debate in the House in 2011.
Hillsborough was a national disaster, not just a disaster affecting Liverpool or a disaster affecting football, and the lessons to be learned are applicable far beyond the circumstances around it.
I am grateful to my hon. Friend for giving way on that important point. The debate is obviously centred on Hillsborough, but the lessons apply to other public disasters such as the contaminated blood scandal. The people who have been infected and affected by that scandal stand in solidarity with what she proposes: to ensure that no other family ever has to go through what the Hillsborough families have gone through.
I very much agree with my right hon. Friend. It is true that there is a much broader application for the lessons learned from Hillsborough as they relate to other disasters.
The last of the criminal trials relating to Hillsborough collapsed in May, some 32 years after the event. It is surely a catastrophic failure of our criminal justice system that it took so long while still failing so badly to do justice to those who died, their families, those injured and the traumatised survivors. There is something very wrong with how our legal system handles public disasters. Thirty-two years after 97 people were unlawfully killed at a football match, primarily through the gross negligence of the South Yorkshire police—that was proven at the second inquests to a criminal standard of proof—no one has been held to account through our criminal justice system for those killings. For 32 years, those responsible for the disaster have sought to blame the victims and survivors for what happened and deny their own culpability.
It took 23 years for the truth to be acknowledged, following the work of the Hillsborough independent panel in 2012. It was fortunate that the panel was even set up to do its work following the 20th anniversary memorial event. Earlier that day, Andy Burnham and I, as Ministers in the Brown Government, and with the permission of the Prime Minister, launched our joint call for all documentation relating to Hillsborough to be published to facilitate transparency. The Hillsborough independent panel was established with the powers of a data controller only because of insight from Lord Michael Wills, who was then in charge of freedom of information at the Ministry of Justice. Only because of that formulation was the truth about what happened on that terrible day finally able to be revealed incontrovertibly, with documentation. Only because of the right hon. Member for Maidenhead (Mrs May)—I am glad to see her in her place—was it allowed to complete its work after the change in Government in 2010. It would have been easy to cancel it at that point, but she did not. For that, she deserves great credit.
I congratulate the hon. Member for Garston and Halewood (Maria Eagle) on securing this important debate. I thank her for her kind words about me, but I also congratulate her on a passionate and heartfelt speech. I agree with what she said; I will come on to the reasons why but want first to say that she has been a fine and fiery champion for the Hillsborough families since she entered this House. I am only sorry that it has taken so long for us to get to the position where the Hillsborough families actually know what happened on that day and where Government should be in a position to take action to ensure other families do not suffer in the same way.
In my time as Home Secretary and Prime Minister I dealt with a number of situations where victims, survivors and families bereaved as a result of public disasters found that their pain and suffering were compounded by the fact that they had to deal with the reaction of various organs of the state. Obviously, the hon. Lady focused on Hillsborough, but, as the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) referenced in an intervention, that is not the only example of such situations happening. Too often the public sector and Government, which should be supporting bereaved families when there has been a public disaster and be on the side of those families, instead retreat into a defensive position: they put up the barricades. The families and victims and survivors then find that they not only have to deal with the aftermath of the tragedy—with loss, injury and all the other aspects of that tragedy—but that they are beating their heads against the closed door of the public sector. That is in the criminal justice system and in other aspects of the public sector.
Of course, what that leads to is an adversarial situation where both sides grow increasingly apart and increasingly sense that the other is just against them. That should not be the case, but more than that, that adversarial situation makes it much harder to provide for the needs of the bereaved families, it makes it much harder to get to the truth of what has happened, and it hampers the justice process.
This is the commitment from the Government in their consultation paper, apparently establishing an independent public advocate:
“The government is committed to introducing an Independent Public Advocate who will act for bereaved families after a public disaster and support them at inquests and inquiries.”
I welcome the presence today of the right hon. Member for Maidenhead (Mrs May). She has done so much to push this matter on, and I would like to thank her.
The consultation ended on 3 December 2018, not far off three years ago. I need not remind right hon. and hon. Members, as my hon. Friend the Member for Garston and Halewood (Maria Eagle) did, that it took from 1991 to 2016, a quarter of a century, for a decision to overturn the 1991 verdict of accidental death for the 96 Hillsborough victims, now 97, concluding that those who lost their lives were unlawfully killed. In that case, the wheels of justice did not even move one inch for decades, let alone grind slowly.
My hon. Friend the Member for Sefton Central (Bill Esterson) put a written question to the Justice Secretary on 13 January 2020 on when the process would be in place for the advocate. The Minister responded, “in due course”. At the risk of sounding a tad exasperated, an awful lot of things come in due course—the timeline is pretty long. For example, the end of the world will come in due course. So it would be helpful if the Minister could, in due course, preferably by the end of this day, give the House a date for when the Government’s commitment to what they promised will actually be delivered.
Is it too much to ask, on behalf of those who lost their lives in those dreadful disasters, that their families and loved ones will be able to get the answers they need and deserve, the support they need, the comfort they need and the justice they need? The justice is calling out to be heard. It is our responsibility here to ensure that those cries, those demands, those entitlements are not just heard, but acted on. Is my hon. Friend the Member for Garston and Halewood asking for too much?
It is a privilege and it is actually very humbling to speak in this debate. I wanted to do so both as Chair of the Justice Committee and out of respect for my fellow Committee member, the hon. Member for Garston and Halewood (Maria Eagle)—as well as the victims, of course, of this awful disaster and many others—because she has pursued this issue with great vigour as a constituency MP. She has also pursued it—I am grateful to her for doing so—through the Justice Committee and the report that we recently published on reform of the coronial system, so I particularly wanted to be here.
As you will know, Madam Deputy Speaker, I will start by asking the House’s indulgence of the fact that I may need to leave before the end of the debate, because there is a pressing family matter that I need to attend to and which the Front Benchers and the hon. Lady also know about. None the less, I thought it was important to be here.
I also welcome the Minister to his place. He will know from his service on the Justice Committee how seriously this matter has been taken and the energy with which the hon. Member for Garston and Halewood has pursued this case. She has done a service for the House, for her constituents and for the country more broadly, because this raises important issues of policy relating to how we deal with a particular tragic set of circumstances, where there are multiple deaths in consequence of a catastrophic failure through the regulation or other form of conduct by a public authority, in most cases, and sometimes by significant private corporations.
I was also particularly pleased to see my right hon. Friend the Member for Maidenhead (Mrs May) here, and I join the tributes to her for the courage and sheer decency that she showed throughout her pursuit of this issue both as Home Secretary and Prime Minister. The fact that she continues to pursue these issues having left office, says a great deal about her and the calibre of person she is. I agreed with everything that she said in her speech, and I hope that the Government will take it on board.
I thank my hon. Friend the Member for Garston and Halewood (Maria Eagle) for securing this important debate. She has, for many years, worked with campaigners and used her voice in this place to speak up for our city, which suffered its darkest hours on and in the aftermath of 15 April 1989.
Our city on the banks of the Mersey in the north-west of England is one that knows only solidarity, love and empathy. We are a city that has one another’s back, and we know all too well that an injustice to one is an injustice to all. I can say proudly that the bonds that were forged in the fire of 15 April 1989 are as strong as ever.
As I have said previously in this place, Scousers have long memories. We shall never forget. We will continue to mourn our lost sons and daughters, and we will always fight for justice and for truth, opposing with every fibre of our being those who continue to spread the appalling lies of that fateful day.
More recently, in July, we lost Andrew Devine, who suffered a severe loss of oxygen in the crush on that day in 1989, resulting in brain damage. We now say, “Justice for the 97.”
It is these characteristics of solidarity and love, and these experiences of loss and trauma, that have come to define who we are as people. That spirit of a people who speak with one voice is written in the words of Jenni Hicks, who lost her two daughters, Victoria and Sarah, at Hillsborough:
“I’ll never get that accountability for my daughters but we’re still fighting on behalf of Grenfell, Manchester Arena and other disasters that are bound to happen in future. What runs alongside the loss of my daughters is the knowledge that this is a country that’s prepared to accept this injustice and that’s why the system has to be changed. You can’t just say that’s it, that’s how it is. If something’s wrong you have to try and do something about it.”
I am most grateful to my hon. Friend the Member for Garston and Halewood (Maria Eagle) for securing a debate that is of such great significance to our constituents. Like all of my hon. Friends from Merseyside, my thoughts today are with the loved ones of the 97 victims of the Hillsborough disaster. Andrew Devine, the last victim, died in July, aged just 55, from the catastrophic injuries he suffered that day, before he ever had the chance to see justice done.
More than 30 years after the tragedy, the campaign for truth and justice continues. Throughout it all, the families of the 97 have endured things most of us could barely begin to imagine. The pain and grief of losing loved ones who simply went to watch a football match but never came back is heart breaking, but the disgusting lies and smears against the victims by the gutter press, the protracted efforts by South Yorkshire police to cover up their role in that day’s events and the disinterest in doing anything to redress injustice shown by successive Governments all magnified the terrible hurt suffered by the families. Through all this, those families and their supporters stood firm and dignified. They never gave up their quest for justice. We must take inspiration from their determination. It is incumbent upon those of us who have the privilege of serving in this place to ensure that no one is left to struggle so hard and for so long again.
I applaud the efforts of my hon. Friend the Member for Garston and Halewood to enshrine the right to a public advocate in law. For far too long, grieving families have been forced to navigate complex legal bureaucracies alone, without the resources, connections and access to expertise that the wealthiest in our society take for granted. Her private Member’s Bill would go a long way to putting this wrong to rights and to ensuring that no one is denied justice, as the families of the Hillsborough victims have been. I look forward to supporting its Second Reading next month. She has brought to this debate characteristic passion, as well as her considerable experience, both in law and in government, but in truth it should never have fallen on her shoulders to fight this fight. The right to a public advocate has broad cross-party support and was even included as a proposal in the 2017 Queen’s Speech, but more than four years later, the people whose lives were torn apart by the Hillsborough disaster are still waiting, as are the victims of subsequent disasters such as the Grenfell fire.
I thank the right hon. Member for Maidenhead (Mrs May) for everything that she has done for Hillsborough survivors and families. I also thank my hon. Friend the Member for Weaver Vale (Mike Amesbury) for allowing me leave from the Building Safety Bill Committee. I know that he and my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer) both desperately wanted to attend this debate; however, they have to attend the Committee to scrutinise the Bill, so I place this on record on their behalf and for their constituents.
On Wednesday 26 May 2021, the British legal system and the establishment delivered their final insult to the families and survivors of Hillsborough, after three decades of what felt like a targeted attack on them and on the city. Ninety-seven people were unlawfully killed at Hillsborough, due to police gross negligence. A nightmare 32-year ordeal through the British legal system has ended with an outcome that feels like a final insult. Mr Justice William Davis’s ruling in May acquitted two ex-South Yorkshire police officers and the force’s former lawyer of perverting the course of justice by amending police statements. Mr Justice Davis’s view, apparently, is that the police officers and their solicitor could, in principle, legally withhold crucial evidence from the Taylor inquiry.
The result is that nobody has been held accountable for the needless deaths, injuries and enduring trauma suffered at Hillsborough, despite the 2016 inquest verdicts that the 96—now 97—victims were unlawfully killed due to the disastrous actions of the police and the officer in command, Chief Superintendent David Duckenfield. Is it any wonder that faith in the legal system has been utterly corroded for many after the experiences suffered?
This can never be repeated. Justice has been denied for so many. That is why the proposed Bill and set of reforms matter so much. My hon. Friend the Member for Garston and Halewood (Maria Eagle) has been a champion of the families and survivors since her election; I thank her for everything she has done for them. She will never know how much it has meant.
My hon. Friend is making a powerful and suitably emotional case. As he knows, I spent a day at the original inquest; does he agree that that inquest, which thankfully was overturned later, was an absolute travesty of what should have taken place? A few moments ago, my hon. Friend the Member for Liverpool, Wavertree (Paula Barker) talked about the importance of truth; an inquest should be the occasion on which we get the truth, but that inquest did not.
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It should also be noted that the Hillsborough independent panel was a non-legal process and that it worked by making use of openness and transparency. As a consequence of its work, the original inquest verdicts of accidental death were quashed, but it took 27 years for correct inquest verdicts of unlawful killing to be recorded. Families had to fight for 23 years for the truth to be officially acknowledged, but to this day no one has been held to account for the Hillsborough slurs and the decades-long smear campaign that was conducted by those responsible, the South Yorkshire police, to deflect blame from themselves on to the innocent victims—the dead, the injured and the traumatised survivors.
As Prime Minister at the time, David Cameron apologised to the families in 2012 for the smears they had endured over what was then a 23-year period. From the Dispatch Box, he said that
“these families have suffered a double injustice: the injustice of the appalling events—the failure of the state to protect their loved ones and the indefensible wait to get to the truth; and then the injustice of the denigration of the deceased—that they were somehow at fault for their own deaths. On behalf of the Government and indeed our country, I am profoundly sorry that this double injustice has been left uncorrected for so long.”—[Official Report, 12 September 2012; Vol. 550, c. 285-286.]
That full and unequivocal apology was made nine years ago. That should have put a stop to the self-serving lies by the representatives of those who were at fault, but it did not.
Since evidence began to be heard at the new inquests in April 2014, there have been legal proceedings that have required the families to maintain a public silence to avoid prejudicing them, yet the apologists and defenders of the South Yorkshire police and of the individuals responsible for what happened on that day have not been silent. They have reiterated the smears for which the Prime Minister apologised to the families in 2012, and they have done so inside and outside the courtroom. We must change the law to stop this kind of cruel abuse, perpetrated by a public authority using taxpayers’ money over decades, from ever happening again.
We must stop legal proceedings arising out of disasters from lasting for decades and from going so wrong, because once things go this wrong, our legal system appears to find it very hard to put things right. We must give the collective voice of the bereaved families agency in the proceedings that inevitably follow a disaster. We must search for the truth using transparency as a key tool, not allow the legal forums to become a way for moneyed vested interests to set about evading their responsibility for the disasters they have caused. The Public Advocate Bill, which I have introduced again into the House—I have been doing so for a number of years, as Lord Michael Wills has done in the Lords—will do that.
It is timely to have this debate because I know that the Government are now considering their response to Bishop James Jones’s 2017 report into the lessons to be learned from Hillsborough, which was commissioned by the right hon. Member for Maidenhead. I hope that, as part of the response to that, the Minister will agree to legislate for an independent public advocate. I know that the right hon. and learned Member for South Swindon (Robert Buckland) was very sympathetic. I am sorry to see that he has lost his place in the Government as I think he was very sympathetic to this call.
My Bill seeks to put bereaved families collectively at the heart of the response to disasters through the establishment of an independent public advocate, who if the bereaved families wish it, will act as a representative of their interests, an adviser and a guide. The advocate, as a data controller, would be able to establish a panel, like the Hillsborough independent panel, to facilitate transparency about what has happened at an early stage. Crucially, this would give the families the capacity to decide collectively on an initiative that would put them at the heart of events, instead of feeling, as bereaved families often do, that they are a mere adjunct to proceedings. This enforced transparency, shining a light into the darkest recesses of the reaction of public authorities caught up in disasters, would torpedo attempted cover-ups and do so at an early stage.
Let me be clear: this role would not replace that of more traditional legal advocates—barristers, solicitors—who would continue to act for individuals in specific legal proceedings; it would fulfil a different and an additional role. The proposal would not require new institutional arrangements or place any burden on the Exchequer. It would not require an open cheque book. On the contrary, the transparency it would bring could save millions of pounds in drawn-out adversarial proceedings over many years or decades.
I am pleased to have the support of many of the most prominent and active members of the Hillsborough Families Support Group who have written a letter published today in the Daily Mirror. They say:
“We are members of families bereaved by the Hillsborough disaster more than 32 years ago who have been active in the campaign for truth and justice.
It took us 23 years of relentless campaigning to have the truth about what happened to our family members finally officially acknowledged. It took 26 years to get accurate inquest verdicts of unlawful killing. The collapse of the criminal trials in May means that after 32 years no-one responsible has been held to account by our criminal justice system for the unlawful killings of 97 innocent children, women and men.
We do not want any other families to endure what we have had to go through simply because they are caught up in a disaster through no fault of their own.
We believe that an independent Public Advocate as proposed by Maria Eagle MP and Lord Michael Wills would stop families bereaved by public disasters in future from ever having to go through what we have had to endure over the last 32 years.
We note that the Government of Theresa May consulted on establishing such an office in 2017 but the proposal appears to have been dropped by the current Government.
We hope that the Lord Chancellor will use the occasion of the debate in the House of Commons on September 16 to announce the creation of an independent Public Advocate as promised in his 2017 manifesto. We consider that such a change will be an important part of the legacy of the 97 and of our long and hard campaign for truth and justice.”
As the Government are considering their response to Bishop James’s report, I say that I know, because he has told me, that he is fully supportive of the establishment of an independent public advocate. He told me that he has been persuaded by his experience of meeting families involved in other disasters, such as Gosport and the infected blood scandal, that such a position is necessary. I am very supportive of his own findings. In particular, three recommendations of his are key: the proposed charter for families bereaved through public tragedy, equality of arms at inquests and the statutory duty of candour. These measures are undoubtedly valuable, and the Government should adopt them. However, I think the only way of preventing disasters going so catastrophically wrong over decades is to establish an independent public advocate. The families back this reform, Bishop James backs this reform and the Conservative party had it in its manifesto in 2017, so I hope that all of us across the House can get behind it and legislate for it now.
I was first elected to this House, over 24 years ago, on 1 May 1997. The first of my new constituents to contact me shortly after were the bereaved families of those who had been killed in the Hillsborough disaster then nine years earlier. They had by that time already endured almost a decade of legal actions, including the Taylor inquiry, the first inquests, civil claims, decisions not to discipline or to prosecute the South Yorkshire police commanders in charge on that day, judicial reviews of various such decisions, appeals and every other kind of legal action imaginable, such that it seemed even then as though there was little chance of further recourse for them through our legal system.
I met four of the Hillsborough Families Support Group committee in the home of one of them in my constituency. I met Phil Hammond, who lost his son in the disaster and was then chair of the Hillsborough Families Support Group. I met Jenni Hicks, who lost both her daughters in the disaster. We met in the home of Doreen Jones, who lost her son and his fiancée, and very nearly her daughter too. I also met Trevor Hicks, who was prominent then in the campaign.
I was struck by the raw pain and deep anger of Phil Hammond. I still remember it; it was as if he was reliving the day of the disaster—as if it had been yesterday—in minute detail as he talked, yet this was nine years on, and almost all possible legal avenues had already been tried and had failed the families in getting to the truth or achieving justice for the bereaved. He was so appalled and upset at the fact that he felt that his young son who had been killed was being blamed for what had happened to him when he was a wholly innocent boy and that those responsible, South Yorkshire police, were not intent upon telling the truth and learning lessons, as Lord Justice Taylor had exhorted them to do, but were instead engaged in the callous pursuit of blaming the victims of the tragedy, no matter what pain and hurt they caused in the process.
While we had a tea break in our meeting, I overheard Trevor Hicks telling Jenni that he had been contacted by a new witness who perhaps had some information about one of their two young daughters and what had happened to her during the missing hours between their going into Leppings Lane and the confirmation that both of them had been killed. I was struck by the fact that this basic information was what the inquests were supposed to have provided to the grieving families, but the inquests came nowhere near fulfilling that basic purpose. It was not until the second inquests began, a full 17 years after this meeting, that our legal system even tried to answer those questions for the bereaved families.
I knew how wrong things had gone, how thoroughly the families had been let down and their loved ones, Liverpool fans and the survivors traduced, and I have tried to do all I can to help them and other families ever since. They have all been central figures in the Hillsborough families’ fight for truth and justice, along with many others, and I want to take this opportunity to say that without their unbelievable efforts over so many years the truth would not have been acknowledged and the correct inquest verdicts would not have been handed down. Their achievements and those of other families and representatives, such as Margaret Aspinall, Sue Roberts, the indefatigable Anne Williams and others too numerous to mention, are monumental. Their fortitude, dignity, persistence and determination had to be seen to be believed. They have needed all of those qualities for all of the 32 and a half years that it has taken.
This year the Hillsborough Family Support Group has disbanded, knowing now that they can do no more. They have the truth and they have achieved a measure of justice, but there has been no accountability. They have, between them, all truly done everything they possibly can for their lost loved ones. Now it is up to those of us in this House and Ministers in this Government to learn the lessons that their commitment, their fortitude and their togetherness over such a long period have taught us. We owe it to them to get it right: we owe it to those 97 people unlawfully killed by the gross negligence of South Yorkshire police on that day in 1989 to make sure that what has happened to these bereaved families and survivors can never happen again to families bereaved in public disasters—and there will be more disasters; there have been.
The establishment of an independent public advocate will help to achieve that. I call upon the Lord Chancellor, the Home Secretary and the Government to heed those who really do know best, the Hillsborough families themselves, and use the occasion of this debate to announce that they will now do what they said they would in 2017 and establish an office of the independent public advocate. Now is the time to move forward and implement those learned lessons of Hillsborough and at long last change the law to prevent what went so wrong in that case from ever happening to any other families again.
It was the need to change that situation that led me to putting this commitment in the Conservative party manifesto in 2017:
“To ensure that the pain and suffering of the Hillsborough families over the last twenty years is not repeated, we will introduce an independent public advocate, who will act for bereaved families after a public disaster and support them at public inquests.”
However, that is not just an idea that we have heard from the Conservative Benches; the hon. Member for Garston and Halewood has been promoting it for some considerable time, and it has cross-party support. It should have support from everybody in the House. May I just say, as an aside, that I am grateful that the Chairman of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), is here? I am only sorry that there are not more of my colleagues here to speak on what I consider to be a very important topic.
The need for an independent public advocate was echoed later by Bishop James Jones in his report, “The patronising disposition of unaccountable power”. He wrote:
“I believe that this report confirms the need for an independent public advocate in these circumstances, but to ensure that the pain and suffering of the Hillsborough families is not repeated I would caution against the adoption of too narrow a definition of ‘public disaster’. As this report shows, many of the experiences of the Hillsborough families are very sadly also reflected in the experience of families bereaved through other forms of public tragedy where the state has fallen short.”
He provided a charter for the public advocate. He also suggested that they should be involved in ensuring that social work and other support was available to bereaved families in engaging with the media, to try to ensure that the bereaved were treated with dignity and respect—something that certainly did not happen in the case of the Hillsborough families; in fact, the very reverse happened to them—and in ensuring that bereaved families were kept properly and fully informed at all times.
That point of information is critical. Families want to know what is happening; they want to be informed. But that can be a two-way street, because there will be occasions when it is important for the families to have full information as to why they cannot have a particular piece of information—for example, if it would prejudice an ongoing criminal investigation. What matters is that there is that degree of transparency and not a feeling of cover-up.
Critically, the independent public advocate must be not just, as the name suggests, independent, but someone who can be recognised as independent by the bereaved families. To put it simply, the independent public advocate is there to be on the side of the families, to help explain and guide them through the processes and to get information for them—including, I suggest, dealing with breaking down any barriers to information that are put up by the public sector.
None of us wants to see any more public disasters that lead to the loss of lives, but sadly, as the hon. Member for Garston and Halewood said, we know that things will happen, and therefore it is imperative that the Government act with urgency to put in place an independent public advocate. We took an important step in 2017. I am sorry that it was not repeated at the 2019 election. The previous Lord Chancellor, my right hon. and learned Friend the Member for South Swindon (Robert Buckland), recognised the importance of this issue, and I would like to take this opportunity to pay tribute to him for the work that he did in Government. He recognised the need for this role, and I hope that the incoming Lord Chancellor will do so too.
I am certain that introducing an independent public advocate is critical to ensuring that families bereaved as a result of public disasters in the future do not suffer in the way that the Hillsborough families suffered, but that they have someone they can turn to in their hour of need, and someone who they know will be working for them. Let me say to the Government that it is not just in the interests of those families but, actually, in the interests of the Government and the public sector that an independent public advocate should exist and should be able to ensure that we do not get into an adversarial situation, smooth the relationship between the two sides and ensure that everything moves rather more quickly. Governments should not just see this as something they may or may not be giving to potentially bereaved families in future; they should see that, actually, there is an interest for the Government in having an independent public advocate in place. That is certainly what I would argue. I would hope that the introduction of such a post would, over time, lead the public sector to recognise that it should not be defensive in such situations and that it should take a different approach—stopping the cover-up mentality in future.
I want to raise one further issue if I may. The reason why the most recent trials collapsed was that, although it was accepted that individuals had doctored evidence, it was evidence given to what was an administrative function of the Home Office rather than a public inquiry. Obviously, the Inquiries Act 2005 did not exist at the time. If we take the logical next step, it would be to set everything up as a 2005 Inquiries Act inquiry. Government Departments have a natural reluctance to set up public inquiries, partly because of the cost and the length of time they often take. We have seen, through the Hillsborough independent panel, that there are often other means of getting at the truth that can be equally beneficial and indeed, in terms of process, may be more helpful to all those involved. I ask the Minister to consider whether it is possible for the Government to address the issue that something that is not under the 2005 Act could lead to a similar situation in future, but to keep open the options for Government in terms of the types of inquiry that can be set up—the panel or the 2005 Act.
Finally, I want to return to the issue of the independent public advocate. I absolutely agree with everything the hon. Member for Garston and Halewood said on this issue. It is something the Government should take up as a matter of urgency. I am happy to beat a path to the door of the new incoming Lord Chancellor, once he has got his feet under the table, to try to persuade him, should he show any reluctance, of the importance of doing this. The Hillsborough families deserve that. They have been through hell since that fatal day. They do not want to see other people having that same experience. We owe it to them.
I thank my hon. Friend for pursuing this matter with her usual single-mindedness and determination. Her usual forthrightness, focus and tireless work on this issue is matched only by her compassion for those affected by such life-changing experiences. She has shown that again today in spades. It is the responsibility of this House to match her action, her compassion and her determination and support her Bill, not in due course, but now. Let the Minister end this delay, prevarication and procrastination now—today, this afternoon. Let him give not just another commitment or promise, but on behalf of the Government, a cast-iron guarantee that they will support my hon. Friend’s Bill through its parliamentary journey. In a civilised and modern democracy, which has had more than its fair share of disasters that have so affected the lives of so many people, is it really too much to ask for the Government to get on with the job? Is it too much to ask the Government to deliver what they promised? Is it too much to ask the Government to ensure that the victims, in the wider sense of the word, are looked after?
It is time to stop hiding behind the hackneyed old excuses for not acting. We all know that the Government can act if they choose to do so. Only this week a Bill spending £10 billion annually—the Health and Social Care Levy Bill—went through the House of Commons in just one day. Why did the Government do it? Because they wanted to and because they had the will, the wherewithal and the commitment to do it. That is the question that the Government must ask of themselves: do they have the commitment? It is the question that this House must ask of them. It is the question that the families of the victims are asking. It is the question being asked of the Government by so many people who see the injustices being prolonged. Do the Government have the will to do it? If so, the next question is: when?
Finally, my hon. Friend’s Bill has the widespread support of so many individuals and groups, including our former Members of this House, Andy Burnham and Steve Rotheram, the Mayors of Greater Manchester and the Liverpool city region. It also includes the former Hillsborough family support group led by its former chair, Margaret Aspinall, who my hon. Friend referred to and who did so much over 30 years to keep the flame of justice burning for the 97 people who died as a result of that disaster. Let the passing of this Bill be another tribute—one of many—to those who have lost their lives in such tragic circumstances and to the persistence, passion and determination of their loved ones.
I cannot see for the life of me why we did not continue that commitment to a public advocate in the 2019 manifesto. As far as I am concerned, to paraphrase John Maynard Keynes, the facts have not changed, and I see no reason why we should change our opinion either. The overall cost of such a matter to the public purse is very small indeed in comparison with the importance in human terms of the issues that arise, and the public good that can arise. The purpose of inquests is not simply to determine the cause of death, but also—particularly through the powers of the coroner to write a statutory letter—to improve behaviour for the future, and to change practice. I think the importance of that is often underestimated.
I am grateful to my right hon. Friend for all those reasons. I also wish to join in the tributes that have been paid to my right hon. and learned Friend the Member for South Swindon (Robert Buckland), who showed such sensitivity towards this issue during his time as Lord Chancellor and Secretary of State for Justice. I have made no bones about what I feel about his departure from government. I simply say now that the Government are the poorer for his departure.
The specific issues that we are debating have been well rehearsed by the hon. Member for Garston and Halewood, and I do not seek to repeat what she has said, but I do point out that what she has said is reflected, in many respects, in a number of the recommendations of the Justice Committee’s report on reform of the coronial system, which was published earlier this year. I am grateful to other members of the Committee, past and present, for being here today.
The coronial system has many merits, but in these cases it does not work satisfactorily. There are other issues with it, some of which coincide with the issues that are highlighted here. Examples are the variation of practice between coronial areas and the lack of a strong system of central support—the appointment of a new Chief Coroner, together with the work of the first two Chief Coroners, has done a great deal to improve that, but there is still a lack of structure to underpin it—and the fact that the inquest rules and procedures do not give the coroner anything like the degree of case management control that, for instance, a High Court judge or a circuit judge would have in the same circumstances, in terms of dealing with interlocutory issues, admissibility of evidence, and the appropriateness of lines of cross-examination.
If we are to try to preserve the coronial system, which I think is a good one, we must ensure that it can be adapted to different types of case. That which relates to a tragic death, for example in unexplained circumstances, but where the medical issues are pretty simple and straightforward and there are no other significant extraneous issues of fact to consider—or even to a comparatively straightforward but sad personal injuries death—requires a procedure that is wholly different from, and much simpler than, that which occurs in multi-handed inquests in which significant state or private actors are engaged and in which the issue of legal resource will come into play.
We also need to think about the position of a purely inquisitorial system when there are third parties, the bereaved families, who have a direct means of engagement. Regrettably, the current system cannot always guarantee that they will have the level of input to the system that they should have, and that they will have, for example, sufficient access to evidence to make the case in a way that enables them to feel that all the relevant issues have been fully ventilated.
There are broader issues, too, that arise from Hillsborough, in relation to what I think we can now perceive to be deficiencies in the substantive law itself, in two areas. One, to which my right hon. Friend the Member for Maidenhead referred, is the whole question of the status of evidence given to a non-statutory inquest. I think most people were surprised that that exists. It was inevitable—the ruling of the judge, Mr Justice Davis, a very experienced trial judge, cannot be faulted in law—but that does say something about the position of the law.
Perhaps, as my right hon. Friend suggested, it would be a measure of over-engineering to require every such inquest to be conducted on a statutory basis, but that is the only safe means by which people could be held to account in these circumstances. Perhaps we could expand the definition in some way, let us say by analogy with the law of perjury or by adopting other definitions of misconduct in public office, because after all these people were acting in public office in this case when they made the demonstrably false statements. There ought, surely, to be a legislative device which could achieve that, and I am sure that it would have the support of the whole House. Maybe the Law Commission could be asked to look swiftly at these matters. It is able to respond in a timely way to specific technical issues of law when required.
There is also the issue of procedure. We need to strengthen the tools for coroners to get to the truth and ensure fairness for all the relevant parties and interests involved. We also have to ensure that, in cases involving bereaved families, the families are made much more central to the system. That is why we have recommended that there should be a charter for bereaved families appearing before the coronial system. There is already a guide to service for bereaved people, and that is fine as far as it goes, but it does not go far enough. We recommended going further and putting this on a much stronger and more formal basis. We also recommended strengthening the amount of specialist support services available.
I rather regret that the Government have not gone as far as I would wish in adopting all these recommendations. Again, the cost in the overall scheme of things is tiny. The Minister, when he was a very effective member of the Justice Committee, often made the case that, when we talked about spending on the courts system, we were talking about a fraction of a fraction, and I totally agreed with him. Well, spending on support services for bereaved families in coroners inquests and proceedings is a fraction of a fraction of a fraction, if I can put it that way, but the benefit in human and societal terms would be very great indeed. I hope that the Government will reflect that they can move further on their response to our recommendations.
In addition to arguing for a charter of rights, we argued that there should be a much more structured means of ensuring access to evidence. At the moment, this is far too dependent on the discretion of the individual coroner. There are not the same rules on the disclosure of evidence as would exist in a criminal trial on like facts in the Crown Court, and that is unsatisfactory. We also supported the recommendation for a duty of candour, and I suspect that Bishop James’s report will also go down that route. I know that the Government have said that this recommendation will be considered alongside their response to Bishop James’s report. The Select Committee reached this conclusion on very compelling evidence. The evidence that we heard throughout the inquiry pointed strongly in one direction on virtually all the points before us. I hope that, when the Bishop has produced his report, the Government will take the opportunity to act and bring in a duty of candour.
The other important issue that we want to look at is equality of arms. Where there has been a significant loss of life and where significant public interest issues arise in terms of the conduct of those responsible for the premises or the events that have given rise to the deaths, it cannot be right that one side can be represented by heavyweight legal teams, effectively at the taxpayer’s expense when these are public bodies, while the families have to rely on the very restrictive parameters of the exceptional funding scheme for legal aid. Again, we are not talking about a large number of cases. We are not talking about a general extension of legal aid to inquests, because that would change the inquisitorial nature of the system. That is not what we are arguing for, and that is not what the evidence has suggested. It said that, for a specific type of inquest involving specific tragic events, equality of arms and fairness would dictate that those families should have access to non-means-tested legal aid. That would be in the public interest, to ensure that all the issues were properly ventilated and that the coroner’s recommendations would fully deal with any issues relating to the prevention of future deaths.
I have perhaps trespassed for some time on the House’s time, but I think this issue warrants full and proper debate. It is a shame that we do not have more people here to discuss it, but I hope that we will have other opportunities to do so. If I am unable to be here when the Minister responds to the debate, I shall read his remarks with interest. I know that he will respond fully and conscientiously, for he is a considerable asset to the Government and I very much hope that he will continue to be so when the day is out. I am confident that he will, if there is any reward for ability and diligence in politics. I know that he is well seized of these issues, and if he cannot give us everything that we would like today, I urge him to ask the new Lord Chancellor—who I hope will continue to be his boss—to take these issues seriously and not to be afraid to revisit them, because there is profound evidence to support them. On that Keynesian basis, if the evidence and the facts are there, a shrewd person will act according to the evidence and facts and make these reforms, which would cost very little but would achieve a great deal.
Those words resonated with me and I am sure they will with anyone who reads them. After it was ruled in May this year that the quest for justice and the accountability that comes with it may well be over, Jenni had the bravery to recognise the progress that had been made and that the decades-long campaign had not been in vain, even if those responsible for the loss of human life and the resulting cover-up will not be held accountable.
While the trial was proceeding and they were denying a cover-up, present-day South Yorkshire police were agreeing compensation to 600 relatives and survivors on the back of the force’s campaign of lies, perverting the course of justice and sweeping under the carpet their own gross negligence that resulted in the deaths of so many. The fight for justice was long and, yes, it has still eluded all in our city who believe with every fibre of our being that, with truth, comes justice and that, with justice, accountability should follow. Of course, as we know, the latter has never been delivered for the people of my city.
But we do not sit still in Liverpool. We say “Never again,” and it does not just apply to our struggle. Jenni Hicks has it right. If something is wrong, we have to try to do something about it. That is why we are here today. Sadly, we know too well that future disasters will happen, that human suffering at certain flashpoints will be immense and that the establishment’s immediate response will be to batten down the hatches and protect its own interests, against the interests of those who have suffered and lost so much. If any small flicker of light can come from the darkness of Hillsborough, it must be protection for succeeding generations from the pain and anguish of the lies, misinformation and cover-up that we witnessed and suffered for more than three decades.
We know here today that we can go so much further, and the provision afforded under law can be expanded. Ultimately, the criminal justice system must better respond to families bereaved by public disasters. Not doing so is a grotesque abdication of the responsibility of those in this place to those we represent—those who do not possess the levers of power and those with little resource, other than their collective and determined voice. As my hon. Friend the Member for Garston and Halewood said, this is why we need thorough legislation and the introduction of an independent public advocate. I also thank the right hon. Member for Maidenhead (Mrs May) for her comments today.
So when we say, “Never again” on Hillsborough and the likes of Grenfell, we are not just referring to the tragedy itself. Loud and clear, we say “Never again” for a decades-long fight for what I talked about earlier: truth, justice and accountability. If the law does not place itself on the side of ordinary people—good and decent people—it will only consign itself as a hobby tool for the privileged and powerful in safeguarding their own interests. I implore this Government to hear the voices not just of those in this place today, but of the people who do not walk these corridors of power. Let us give some power to them. Let us elevate their voices. Anything less is an injustice itself.
The Lord Chancellor’s unceremonious firing yesterday was met with widespread condemnation from Conservative Members, but it would have been warmly welcomed by many of the people I represent who have waited so long to see the Government honour their commitments. After all, a Justice Secretary who does not see justice done does not merit that high office. His successor must prove that the Government are serious when they say that they are committed to giving families bereaved by public disaster a voice. They must act to end the wait for truth and justice.
My own experience will be familiar to many survivors, but I would like to take the House back to a 16-year-old in 1989—how his view of the establishment was shaped and why this Bill matters so much to him. I watched the horrors of Hillsborough unfold from the side pen because of fate.
In 1988, I had stood with my two friends directly behind the goal—it was edgy, but we walked out celebrating a great victory and got home safely. In 1989, we had another Kopite with us. We headed back to the same place for the big game hours before, full of excitement and anticipation, like so many others. My friend started feeling extremely uncomfortable with the numbers, and we decided to move our way back down the tunnel to a side pen. That was fate, because it was before Duckenfield made his disastrous decision. I am sure all four of us who were there, and who are now parents and grandparents, thank whatever powers made us take that fateful decision to move.