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Hillsborough: Collapse of Trials
10 June 2021
Lead MP
Robert Buckland
Debate Type
Ministerial Statement
Tags
Justice & CourtsHousing
Other Contributors: 29
At a Glance
Robert Buckland raised concerns about hillsborough: collapse of trials in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister paid tribute to the families of those affected by the Hillsborough disaster and acknowledged the collapse of a case involving charges against two former police officers and a solicitor. He emphasised that the trial judge ruled the prosecution could not proceed due to an administrative function of the Taylor inquiry rather than a process of public justice, thus preventing a conviction under perverting the course of justice. The Minister highlighted the Inquiries Act 2005, which allows inquiries to compel evidence and makes it illegal to distort or suppress this evidence. He assured that statutory inquiries like Grenfell will be protected by law. The government remains committed to engaging with families and applying lessons from the disaster. They are considering legal changes based on Bishop of Liverpool's report.
Maria Eagle
Lab
Liverpool Garston
Question
Does the Lord Chancellor agree that it is a catastrophic failure of our criminal justice system that nobody has been held accountable for these killings and that it has taken 32 years for things to fail so badly? Does he think that the Crown Prosecution Service has any questions to answer about the charges laid, the vigour with which they were fought, and the CPS’s failure to challenge the reintroduction of the Hillsborough slurs when the families themselves could not because they were silenced?
Minister reply
The Lord Chancellor did not provide a direct response in the given text but indicated an ongoing consideration of legal changes based on Bishop Jones' report. He focused more on current statutory protections and future measures to prevent similar issues from arising.
Maria Eagle
Lab
Liverpool Garston
Question
Will he consider enacting measures in the Public Advocate (No. 2) Bill, which is designed to stop things going wrong in the first place—and in the Public Authority (Accountability) Bill? Will he work with those of us in this House who have been campaigning on this issue to get it right for the future?
Minister reply
The Lord Chancellor did not explicitly state whether he would enact measures from these bills but indicated an openness to considering legal changes based on ongoing consultations and reports.
Maria Eagle
Lab
Liverpool Garston
Question
Since the collapse of the trials, two defence barristers have repeated the Hillsborough slurs in public. This matters so much to the families—the cover-up has been denied—so does the Lord Chancellor agree that it now has to stop? Will he make it clear that it must stop and that the apology that the former Prime Minister, David Cameron, gave in this House matters now as much as it did then and sets the record straight?
Minister reply
The Lord Chancellor's response is not explicitly detailed but his statement emphasises a commitment to ensuring lessons from Hillsborough are learned and applied effectively.
Maria Eagle
Lab
Liverpool Garston
Question
Does he agree that the idea that it is lawful for a public authority to withhold information from an inquiry established to identify why 96 people died at a football event and to learn lessons, and for a solicitor to advise such a step, cannot be right and must be changed?
Minister reply
The Lord Chancellor's specific response on this point is not detailed in the given text but his overall statement suggests an openness to reviewing laws to ensure they prevent future issues.
Maria Eagle
Lab
Liverpool Garston
Question
Thanking the Lord Chancellor for his words, Maria Eagle questions the catastrophic failure of the criminal justice system that led to no one being held accountable for the Hillsborough disaster. She asks if the Crown Prosecution Service has any accountability and whether measures are needed to prevent a similar situation in the future. Additionally, she seeks clarity on the Government's stance regarding the apology given by former Prime Minister David Cameron.
Minister reply
The Lord Chancellor acknowledges Maria Eagle’s work in this area and reiterates the Government’s position that the 2016 apology by then-Prime Minister David Cameron remains valid. He highlights the importance of focusing on Bishop James Jones’ 2017 report and working with families to implement recommendations swiftly, ensuring their involvement throughout the process. Regarding an independent public advocate, he confirms a commitment to ensure bereaved people are supported and given a voice, promising swift action after further consultation.
Question
Urging swift action on establishing an independent public advocate for bereaved families after public disasters, Theresa May highlights her previous pledge to introduce such an advocate. She contrasts this role with the work done by former colleague Nick Hurd as a ministerial representative for Grenfell victims and stresses the importance of maintaining the independence of the proposed public advocate.
Minister reply
The Lord Chancellor acknowledges Theresa May’s commitment to establishing an independent public advocate and promises to ensure that any measures taken align with the needs and aspirations of those who might use such advocates. He emphasises the need to get this right, ensuring that the role is fully understood and implemented effectively.
David Lammy
Lab
Tottenham
Question
I am very grateful to my hon. Friend the Member for Garston and Halewood, who has been at these issues in this House for 24 years on behalf of her constituents and others... The collapse of the most recent case is a kick in the gut for these families. It is a national scandal that no one has been punished or held accountable in the criminal justice system. The lack of justice undermines public inquiry credibility. We see parallels with Grenfell tragedy experiences. Do the Government now accept they need to change law? Proposals like the Public Advocate Bill and the Public Authority (Accountability) Bill are ready. This does not have to be a partisan issue; we must legislate so it never happens again. Will the Secretary of State commit to working cross-party for this?
Minister reply
I am grateful to the right hon. Gentleman, and I reiterate my commitment to work across the House. The Government will consider changes in law, including an independent public advocate service and potential changes to misconduct in public office offences. Inquiries under the 2005 Act could be covered by perverting the course of justice common law offence.
Question
Nothing can take away from the grief and heartache that the Hillsborough families have suffered... Will the Lord Chancellor recognise that we have to be cautious in moving to legislative change in relation to specific facts of this case? This is a case where legal decision—a point of law—was argued by experienced counsel in front of an experienced High Court judge. Conclusions may have to be made, but legislative change may not be appropriate for fact-specific circumstances. Will the Lord Chancellor also recognise that he has received from the Justice Committee a report highlighting ways the coronial inquest system fails and recommending legal representation should be available to families?
Minister reply
I am grateful to the Chair of the Justice Committee... When we talk about equality of arms, we must not turn to an adversarial blame game. We must focus on the function of an inquest and ensure changes do not detract from its essential quality.
Question
The Hillsborough disaster was a fatal human tragedy at Hillsborough stadium... Given the collapse of the trial, how does the Minister plan to promote confidence in accountability for public servants and fair justice? The ruling that Government inquiries are not a course of public justice risks creating a dangerous precedent. What action will the Minister take to ensure that the system of inquiries is not compromised by this ruling?
Minister reply
In the hon. Lady’s sensitive invocation, it is right to remember that 50 years ago the Ibrox disaster happened in Glasgow, costing many lives. It is important we consider these matters carefully and sensitively.
Question
It is hard to disagree with the reported comments of Deanna Matthews that it is “ludicrous” for the search for justice to have ended in this way, particularly when the community in Liverpool have had to fight so hard for so long to uncover the truth. What does my right hon. and learned Friend consider is the key lesson for the Department he leads to prevent things like this from ever happening again?
Minister reply
My hon. Friend encapsulates very well the task that is before me and the Government. The task is to make sure, first, that we have finally moved away from the public order mindset that I referred to, but secondly, that in response to any tragedy or disaster that might happen, there is a spirit of openness and a willingness and an understanding that the needs of bereaved families must be at the heart of processes. In everything that we do with regard to future investigations, inquiries and criminal investigations, people must not hide behind process and use that as a shield, because that has been the impression and the perception, which is why the families feel today that deep damage has been done to the process.
Wera Hobhouse
Lib Dem
Bath
Question
Bishop James Jones set out in his report that one of the problems with the initial inquest was that there was no public funding for the families to get the representation and advice they needed. The Government have said that providing legal aid for inquests is too expensive. I listened carefully to the Secretary of State’s earlier response about that: an inquest is not like criminal proceedings or court proceedings. But clearly some legal advice is important for families in these cases. Whatever he wants to call it, will he listen to those families and prevent further injustices in future by providing legal aid for inquests?
Minister reply
I do not know whether the hon. Lady heard my observations about what has already been done with regard to legal aid and legal eligibility. The effective removal of the upper means test threshold with regard to exceptional case funding for legal help and legal representation in circumstances just such as this is a very important development. I take the point that she makes. That is why I have already undertaken not just to present the response to the 2018 consultation but to develop it further so that any potential change that can be made will be done with the fullest, most careful and earliest consideration.
Question
With your permission, Mr Speaker, as this is the first time I am speaking on this topic, I hope you will allow me to pay tribute to the four victims from Warrington who lost their lives at Hillsborough—in particular, to David Benson from Penketh in my constituency, who was just 22 when he died. Having read some of the comments from Brian, David’s father, it is clear to me that he feels that the system has failed him at every single level. With that in mind, will the Lord Chancellor clarify what steps he is taking following the collapse of the most recent trial in relation to the offence of perverting the course of justice and common law offences that touch on those who hold public office?
Minister reply
My hon. Friend puts in very heartfelt, genuine terms the real sense of loss and frustration, to say the least, that his constituents and their families feel. I have already outlined the steps that I want to take with regard to looking at the public advocate role. In line with that, I and my officials are considering very carefully the work of Law Commission on the offences of misconduct in public office published right at the end of last year. I aim to issue a response as soon as possible with regard to any next steps. There is a joint protocol that we have agreed between my Department—the Government—and the Law Commission. I want to make sure that any potential changes are done in the round so that we are not inadvertently missing out any particular issues that clearly need to be addressed.
Dan Carden
Lab
Liverpool Walton
Question
May I pay my own tribute to the families and survivors? It took 27 years to get to the truth that 96 people were unlawfully killed at Hillsborough, yet 32 years on, justice remains out of reach. The decades-long fight of the bereaved families and survivors is all the evidence we need that the legal system is broken, and the collapse of the recent trial risks setting a precedent that tips the scales of justice even further away from victims. Can I ask the Lord Chancellor to say how he will engage with the families and survivors about their experiences? Will he quickly set out a timetable for reviewing and changing the law, to learn lessons from the horrific experiences that the families and survivors have had of the British legal and judicial system?
Minister reply
I thank the hon. Gentleman for his question. I can assure him that when it comes to ramifications, we must remember that this was a decision of first instance that turned on its particular facts. I have clearly set out the position with regard to the existing Inquiries Act 2005 and the section 35 offences applying to that and, indeed, the common law offence of perverting the course of justice.
In terms of the other important points the hon. Gentleman makes, colleagues at the Home Office will now be working closely with the families with regard to the 2017 Bishop James Jones report. They can get on with that work now that the trial has come to a conclusion. As I said earlier, “nothing about them without them” has to be at the heart of the work that is done with the families, so that what emerges will be a positive set of changes informed by the excellent work of Bishop James Jones.
Secondly, I have already outlined what my intentions are with potential legislative change, and I absolutely get the hon. Gentleman’s point about the need, after all this time, for work to be done as speedily as possible.
Bob Blackman
Con
Harrow East
Question
The Hillsborough tragedy is one of those events where anyone who was alive at the time will remember where they were when these terrible events were unfolding. All our sympathy must be with the families of the victims and those recovering. Will my right hon and learned Friend set out what plans he has to review the existing position so that legal support is provided to the families of victims not only of the Hillsborough tragedy, but of other tragedies that may sadly happen? There will need to be legal support for families undergoing this. We need to learn the lessons and ensure that the failure to provide proper legal support for these families during the entire process is not repeated.
Minister reply
I think it goes further than that; it starts right at the beginning of the process, and I think the families would say that they were shut out from day one. The rot sets in much earlier than the investigative, inquisitorial and adversarial process. That is something that none of us can accept or wants to see happen. What we are left with is the aftermath. The work that Government have been doing and will continue to do in the spirit of cross-party co-operation is designed to try to create a higher degree of accountability and involvement, but I emphasise something that I have not yet properly emphasised, which is that the justice system cannot do this alone. It is only as good as the product of the evidence, information and intelligence it receives, and that requires all arms of the state to act in a way that is responsible, open, accountable and honest.
Derek Twigg
Lab
Widnes and Halewood
Question
Those of us who were at Hillsborough that April in 1989 will never forget the scenes that we witnessed that day, made all the worse by the deliberate attempt by South Yorkshire police to blame Liverpool fans. It made the trauma of the families 10 times worse. It is worth putting on the record again that what has been found is that the police lost control, the stadium was unfit for a match of that importance and that size of crowd, and other agencies such as the ambulance service failed on the day.
What is important now is that we take the lessons forward. This has been a terrible time again for the families. I hear what the Secretary of State says, but over the years as an MP on constituency cases I have had some good and bad experiences with the coronial service. I dealt with a case recently that also raises questions about whether sensitivity and openness to families is really there throughout the coronial service. I hope that we will look at that again.
Minister reply
I thank the hon. Gentleman who, as a Merseyside MP as well as a football fan, has lived this experience, along with all of us who have followed this tragedy over the years. I am, of course, more than happy to look at the case that he raises. In the past I have always been happy to see him on particular issues, and this occasion will be no exception.
Question
I am sure that the whole House has immense sympathy with the families affected by the tragic events of Hillsborough, and their tireless pursuit of justice is to be praised. Has my right hon. and learned Friend made an assessment of the adequacy of the financial package of support available to bereaved families after such a tragic event?
Minister reply
I thank my hon. Friend for that important point. As I outlined in previous answers, it is important, certainly from my position with regard to the justice process, that we act as swiftly as possible to make legal aid eligibility easier. We have done that, but clearly, in the light of the responses to our consultation, more work needs to be done to achieve the level of justice-related support that families deserve.
Question
The recent collapse of the Hillsborough trial was a devastating development for many people living in my constituency and across Merseyside who have suffered so much in their decades’ long quest for justice. The pain that it has caused the families of the 96 Liverpool fans who lost their lives, along with the trauma still haunting so many of the survivors, needs to be urgently addressed by this House. Do the Government accept that the payment of compensation by the police to 601 people affected by the disaster is inconsistent with the court’s failure to find anybody responsible for the tragedy, and that that failure needs to be addressed by legislation to protect victims in the future?
Minister reply
The hon. Gentleman asks a proper question about compensation; indeed, it echoes that of my hon. Friend the Member for Blackpool South (Scott Benton). I undertake to write to them both about that aspect. I do not want to say anything that would in any way be misconstrued or misunderstood. Frankly, this is a very sensitive matter that needs more careful consideration. I am alive to the fact that things are said and done purportedly on behalf of the families when in fact the families have not been involved. We have to act in a way that is consistent with our words, and that is what I am doing on this occasion.
Kim Johnson
Lab
Liverpool Riverside
Question
I pay tribute to the families and survivors at Hillsborough. Liverpool is a proud and resilient city, and I am a proud Scouser. Contrary to the Prime Minister’s description, we are not a city that wallows in victim status; we have a long history of fighting social injustice, and Hillsborough is the worst kind of injustice. On 15 April 1989, 96 Liverpool fans left to watch a football match and died as a result of corporate failures. Can the Lord Chancellor tell the House, and the families of the 96, what he intends to do for justice to be served?
Minister reply
I join the hon. Lady in paying tribute to the great city of Liverpool. I am a proud Welshman, but Liverpool is very close to my homeland and to my heart. It is a great city—a wonderful place, full of amazing people. I want to put that on the record. I am sure that she listened very carefully to the points that I made about my intentions, and the Government’s, with regard to achieving as high a degree of justice as possible. Sometimes the word “justice” is bandied about a bit too much and we are perhaps a little careless with the way we use it. Bearing in mind everything that has happened, and the huge setbacks and reversals that the families have experienced, I will try to achieve as high a degree of justice as possible in these terrible difficult and deeply sad circumstances.
Warrington North
Question
Thirty-two years after the Hillsborough tragedy, the families of the 96 football fans unlawfully killed that day have not seen justice done. Three of my Warrington North constituents—19-year-old Ian “Ronnie” Whelan, 19-year-old Colin Ashcroft and 42-year-old Eric Hughes—were among the 96 innocent victims killed that day. May their memories forever be a blessing. Many more of my constituents have been traumatised by the events of that day. The fact that there has been no individual responsible held to account by the justice system is a national scandal, as are the years of smears about fans that the families and survivors have endured, blaming them for the disaster. Will the Government therefore consider implementing the Public Authority (Accountability) Bill of the former Member for Leigh to set a requirement on public institutions, public servants and officials, and on those carrying out functions on their behalf, to act in the public interest and with candour and frankness, so that other families bereaved in public disasters cannot be treated as disgracefully as the Hillsborough families have been?
Minister reply
I think the hon. Lady is right to remind us again about the victims of the disaster from Warrington North and how in fact the diaspora—I suppose that is the best word to use—was a wide one, bearing in mind the wide fan base of Liverpool football club. That means that what happened was a national disaster, and was not confined to the great city of Liverpool, though the great city of Liverpool felt the brunt of it. This was something I think all of us felt was a national loss and a national disaster, and therefore we have a national responsibility to address it and to rectify wrongs that have been committed. I listened very carefully to the hon. Lady’s point about the Bill that fell back prior to the general election of 2017. I am of course, as I have already indicated, looking carefully at aspects relating to that Bill, and indeed at wider work to make sure that we fully reflect the wrongs that were committed and the culture change that I think is such an important part of rectifying the ills of the past.
Marie Rimmer
Lab
St Helens South and Whiston
Question
Ninety-six people were unlawfully killed at Hillsborough. Police statements were altered, yet nobody has been held to account. What are the Government going to do about it?
Minister reply
I am grateful to the hon. Lady, and she will forgive me if I do not go through all the important points I have made in response to other hon. Members. I will simply say this to her: she rightly raises the issue and she wants accountability—so do I, and so do the Government. That is why the work will continue in the months ahead, particularly the important work that the Home Office has conducted with the families directly, as a result of Bishop James Jones’s second report—the 2017 report.
Ian Byrne
Lab
Liverpool West Derby
Question
Can I thank the Lord Chancellor for his answers so far? On 15 April 1989, I witnessed 96 women, men and children unlawfully killed at a football match in Hillsborough, Sheffield. On 26 May 2021 in Salford, we shamefully witnessed a trial collapse on a technicality. After 32 years, not a single person has been held accountable for the deaths, and justice has been denied to families and survivors... Does the Lord Chancellor accept that there need to be legislative changes to avoid families affected by future disasters facing the same mistreatment and injustice as the Hillsborough families and survivors have suffered? Will the Lord Chancellor commit to working with families, survivors and Members across this House to implement the Public Advocate (No. 2) Bill of my hon. Friend the Member for Garston and Halewood (Maria Eagle), which will help to ensure this injustice is never repeated?
Minister reply
I am profoundly grateful to the hon. Gentleman for his remarks and I listened very carefully to what he said. He was a witness to what happened and, no doubt, he has to live with that. All of us in this House would understand and share with him that huge sense of loss to which I referred and that sense of an ongoing injustice. I hope he appreciates that, in the answers I have given, I have set out the steps the Government wish to take on the important work that is being done on many fronts: potential legislative change; the work of Bishop James Jones’s inquiry; and, importantly, the work that quietly but effectively goes on between the Home Office and families directly. I say again that we have to act in accordance with our words, and doing things for, to or about the families is meaningless unless we do it with them—it has to be with them that we will make things better.
Alison McGovern
Lab
Birkenhead
Question
In asking my question today, I am thinking of all those who lost a loved one and all those who were affected in any way by the Hillsborough disaster, and all that they have been through. I want to thank my hon. Friend the Member for Garston and Halewood (Maria Eagle) and the right hon. Member for Maidenhead (Mrs May) for their incredible work on this, and I will support them every step of the way as they create a legal legacy for all those affected in the most terrible way by the Hillsborough disaster... Will the Lord Chancellor and appropriate Ministers meet me to discuss the future for that archive?
Minister reply
I am very grateful to the hon. Lady, who makes an important point about the archive. There is a general point to be made here which goes back to the initial question. The ongoing criminal procedure meant that a lot of material, for example, material on existing websites, had to be taken down. Obviously, I want that to change—I want it all to go back. Indeed, more work needs to be done to ensure that documents and material are in the public domain. So my answer is: yes, I absolutely will undertake to work with her, because I think it is important that everybody has access to the truth, so that the full story is known by generations yet to come.
Justin Madders
Lab
Ellesmere Port and Bromborough
Question
It represents a complete failure of the state, does it not, that 96 people were unlawfully killed and then there was a cover-up, for which no one has been held to account because of what amounts to a technicality 32 years later on? So does the Lord Chancellor agree that, to the families of the bereaved, the idea about statements submitted by the police to an inquiry headed by a Lord Justice that was not in the “course of public justice” is a cruel absurdity, on top of all the other injustices that they have suffered? Does he consider that anything could have been done to close this loophole long before we got to this point?
Minister reply
I listened carefully to the careful question from the hon. Gentleman. He appreciates that with regard to criminal procedure the law applicable at the time is the law that is then used with regard to the evidence and whether individuals might be guilty or not guilty of allegations. I have made it very clear that the Inquiries Act 2005, which of course was passed many years after the Taylor inquiry, covers the major public inquiries that we are all very familiar with, the ongoing ones that we have and indeed the future covid inquiry. I have also made it clear that that common law offence of perverting the course of justice would cover those types of inquiries, but clearly as part of the work we are doing, we will look carefully to make sure that there are not any inadvertent loopholes, while remembering the important point that there will be certain procedures that must be conducted in a spirit of openness and honesty which will benefit from being less adversarial and more fact-finding, and that of course includes the essence of the inquest process itself. We must be very mindful of getting that balance right when we look at these things.
Question
The collapse of the trial last month was devastating for the families who lost loved ones at Hillsborough. In 2016, an inquest jury ruled that the 96 who tragically lost their lives were unlawfully killed, yet no successful criminal charges have been brought against any individual. The whole House will be in agreement that this is a massive failing of the criminal justice system... Will the Government now commit to introducing that legislation without delay, so that no families bereaved by public disasters have to go through what the families who lost loved ones at Hillsborough have had to endure?
Minister reply
Without repeating the points I made in earlier answers, I reiterate my commitment to carefully considering the 2018 consultation and the responses that have been given, which were quite varied and included varied views about the merits of the proposal. I will always look to achieve that essential element of independence and to ensure that a voice is provided to those who, prior to this, have been voiceless.
Bill Esterson
Lab
Sefton Central
Question
Ninety-six people died at Hillsborough, including 18 from Sefton. Despite the coroner’s verdict and lack of accountability for unlawful killing, how quickly will the Justice Secretary introduce the Hillsborough law to ensure parity in legal funding for bereaved families and include a duty of candour on public officials?
Minister reply
The Minister joins hon. Bill Esterson in paying tribute to those who died at Hillsborough from Sefton, including Kevin Williams. The Minister commits to ensuring quick but careful reforms without rushing them.
Clive Efford
Lab
Eltham and Chislehurst
Question
The families of Hillsborough victims have faced injustice at every stage, from reliving the tragedy in court cases to facing legal technicalities. Will the Lord Chancellor expedite changes in law and address whether the CPS should look at itself for its conduct during this case?
Minister reply
The Minister acknowledges the strong feelings expressed by Clive Efford but refers him to earlier answers on expediting legal reforms. He defers questions about the Crown Prosecution Service's conduct to the Attorney General.
Paula Barker
Lab
Liverpool Wavertree
Question
96 innocent people were unlawfully killed at Hillsborough, yet no one has been held accountable. Will the Secretary of State condemn Jonathan Goldberg’s recent comments about Liverpool fans and criticise his apology as insufficient?
Minister reply
The Minister understands Paula Barker's strong feelings and advises everyone to remember the human impact behind the legalities when commenting on Hillsborough.
Peter Dowd
Lab
Bootle
Question
Sir Robert Francis QC testified at a trial that there was no legal duty of candour for police in public inquiries. Is the Lord Chancellor satisfied that current legal provisions cover administrative inquiries and breaches of candour?
Minister reply
The Minister acknowledges Peter Dowd's important question and notes the need to consider details regarding legal rulings and evidence. He commits to an active dialogue with the MP on these matters.
Shadow Comment
Maria Eagle
Shadow Comment
The Shadow Minister, Maria Eagle, expressed concern over the failure of the criminal justice system to hold anyone accountable for the Hillsborough disaster and criticised the Crown Prosecution Service. She urged the Lord Chancellor to consider measures in Public Advocate (No. 2) Bill and Public Authority (Accountability) Bill to prevent similar failures in future public disasters. The Minister was asked about the repetition of 'Hillsborough slurs' by defence barristers, seeking clarity on whether such practices must stop and if legal changes are needed regarding information withholding from inquiries.
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