Commons Sense

House of Commons · Westminster Hall

Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

03 September 2025 · 27 other contributors · 14,399 words

Opened by Ian Byrne Lab Liverpool West Derby

Responding minister: Alex Davies-Jones

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Ian Byrne raised concerns about duty of candour for public authorities and legal representation for bereaved families in Westminster Hall. A government minister responded.

Key points

  • The state has historically protected its own interests, enabling cover-ups in scandals like Hillsborough.
  • The current system denies truth and justice to families wronged by institutional failures.
  • The government committed to introducing a legal duty of candour for public servants and authorities.

Key requests to Government

The Government must act with clarity and moral courage to push back against vested interests and establish a legal duty of candour on public authorities, public servants, and corporations responsible for public safety. This would set out the principle that they have to tell the truth.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Ian Byrne Lab Liverpool West Derby

The state has historically taken a defensive position to protect its own interests, enabling cover-ups in various scandals such as Hillsborough, where 97 innocent people lost their lives. The current system denies truth and justice to families wronged by institutional failures. No public servant or police officer involved in the Hillsborough disaster has been convicted or disciplined despite evidence of a widespread cover-up.

Other contributors (27)
  • Confirmed that the duty of candour will apply and thanked those who drafted the original Bill in 2017. Stressed the importance of getting it right for over 1.9 million public servants without unintended consequences.

  • Andrew George LD St Ives

    Raises concerns about mental health service failures that led to the death of Sally Poynton and calls for legislative changes to improve services and ensure legal representation at inquests. The NHS has a duty of candour, but inquests lack equal legal representation for victims. Resource spent on protecting reputations should support patients instead.

  • Andy McDonald Lab Middlesbrough and Thornaby East

    Discussing local cases where the statutory duty of candour was not met, leading to avoidable deaths. The need for a Hillsborough law is urgent. Asked about discrepancies between the original Bill and current Government position on duty of candour.

  • Andy Slaughter Lab Hammersmith and Chiswick

    Supports the call for non-means tested legal aid and publicly funded representation for bereaved people in complex inquests. Recommends a national oversight mechanism to ensure implementation of recommendations.

  • Anneliese Midgley Lab Knowsley

    Recalls Charlotte Hennessy's story about her father Jimmy Hennessy, who died due to state failure during the Hillsborough disaster. Urges for a 'Hillsborough law' that matches the courage of campaigners.

  • Bell Ribeiro-Addy Lab Clapham and Brixton Hill

    Congratulates Ian Byrne on his work, emphasizing the importance of a duty of candour to protect victims from prolonged trauma caused by lies.

  • Charlotte Nichols Lab Warrington North

    Called for state-funded legal aid for families at inquests and inquiries following state-related deaths or disasters to level the playing field.

  • David Baines Lab St Helens North

    Tributes the work of the Member for Liverpool West Derby in raising awareness about Hillsborough injustice. Supports introducing the Hillsborough law and its legacy project.

  • Derek Twigg Lab Widnes and Halewood

    Emphasising the importance of changing laws due to previous delays and mistrust in public bodies' ability to act fairly, citing historical context from 1998.

  • Kieran Mullan Con Bexhill and Battle

    Calls for a statutory duty of candour emerged due to Hillsborough, with lessons from Bishop James Jones's report urging cultural changes and legal representation for bereaved families in public bodies' represented inquests.

  • Gill Furniss Lab Sheffield Brightside and Hillsborough

    Recalled harrowing scenes from the time of the tragedy and urged for a commitment timeline on implementing the Hillsborough law, stressing the need to honour manifesto pledges.

  • Ian Lavery Lab Blyth and Ashington

    Working-class people have suffered in various injustices such as Hillsborough, Grenfell, and contaminated blood scandal. Calls for a proper Hillsborough law to ensure truth and accountability.

  • Imran Hussain Lab Bradford East

    Gratifies Ian Byrne's contribution and reiterates the non-negotiable nature of criminal sanctions in any Hillsborough law, stressing its moral imperative.

  • Jim Shannon DUP Strangford

    Supports a private Member's Bill in Northern Ireland for an evidence-based statutory duty of candour within the healthcare system, emphasizing the need for transparency and accountability while balancing protections against hindering decision-making.

  • Joe Powell Lab Kensington and Bayswater

    The Government's acceptance of the Grenfell Tower inquiry recommendations is welcome, but there has been no criminal accountability. Urges for independent oversight to ensure lessons are learned from inquiries.

  • Kim Johnson Lab Liverpool Riverside

    Supports the need for the Hillsborough law to be delivered as promised, emphasizing the importance of justice and accountability.

  • Lee Barron Lab Corby and East Northamptonshire

    Highlighting a local case where hospital staff failed in a patient's care, leading to death. The need for transparency and accountability is crucial.

  • Lizzi Collinge Lab Morecambe and Lunesdale

    Shares a harrowing story about her constituents Ryan and Sarah who had to fight for five years after their daughter Ida's death due to medical failings. Emphasises the need for accountability when problems are covered up.

  • Maureen Burke Lab Glasgow North East

    Pays tribute to the Hillsborough families and argues that an inquest conducted with candour can provide closure, helping families process grief by understanding what happened and why.

  • Patrick Hurley Lab Southport

    Argues that the duty of candour seeks to change the current process by putting legal obligations on public servants to act openly and honestly in the public interest, ensuring parity of legal representation for bereaved families at inquests.

  • Paula Barker Lab Liverpool Wavertree

    Pays tribute to Ian Byrne's efforts in securing the debate and highlights the need for legislation to be passed quickly, emphasizing that justice should not take a backlash to occur.

  • Seamus Logan SNP Aberdeenshire North and Moray East

    Called for an independent office of the whistleblower with enforcement powers to ensure public authorities are held accountable, citing decades of scandal and cover-up in health and social care.

  • Shaun Davies Lab Telford

    Asked if the duty of candour would apply to inquiries live at the time of Royal Assent.

  • Steve Witherden Lab Montgomeryshire and Glyndŵr

    Agrees that a duty of candour is necessary along with criminal sanctions for individuals and organisations to change the culture of cover-ups.

  • Tessa Munt LD Wells and Mendip Hills

    Calls for protection for whistleblowers exercising their duty of candour from retaliation and emphasizes the importance of accountability in preventing scandals that harm innocent lives.

  • Wera Hobhouse LD St Austell and Newquay

    Called on the Minister to leave a couple of minutes at the end for the Member in charge to respond.

  • Yasmin Qureshi Lab Bolton South and Walkden

    Expressed gratitude for securing the debate on the implementation of the Hillsborough law. Highlights that the Government have pursued legal strike-out applications to shut down cases of families affected by Primodos despite accepting failures publicly.

Government Response

Alex Davies-Jones

The Parliamentary Under-Secretary of State for Justice

Reaffirmed the government’s commitment to bringing forward a Hillsborough law and placing a legal duty of candour on public servants and authorities, providing legal aid for victims of disasters or state-related deaths. Emphasised that the legislation must meet the expectations of the families and be done right without rushing into it. Will work with stakeholders, campaigners, and families first before introducing any legislation. Confirmed that the duty of candour will apply once Royal Assent is given. Emphasised the importance of legislative accuracy to avoid unintended consequences and thanked campaigners and families for their contributions. Promised legal aid for victims as per manifesto commitment.

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