Hillsborough Law
“My Government will take steps to help rebuild trust and
foster respect. Legislation will be brought forward to introduce
a duty of candour for public servants”
- This Bill delivers our manifesto commitment to implement a
‘Hillsborough Law' which will place a legal duty of candour on
public servants and authorities.
- It will address the unacceptable defensive culture prevalent
across too much of the public sector - highlighted by recent
reports such as Bishop James Jones's report into the experiences
of the Hillsborough families and the recent Infected Blood
Inquiry report. It is part out our wider efforts to create a
politics of public service.
What does the Bill do?
- The Bill will be the catalyst for a changed culture in the
public sector by:
-
improving transparency and accountability
where failure in the provision and delivery of public
services is the subject of public investigation and scrutiny.
-
reducing the culture of defensiveness in the
public sector.
-
helping ensure that the lack of candour uncovered in
recent reports is not repeated, such as in the case
of the Hillsborough and Infected Blood Inquiries.
- Alongside the legislation, we will take action to improve
assistance for bereaved persons and core participants at inquests
and public inquiries, to ensure families are able to fully
participate. This includes delivering the Government's
manifesto commitment to provide legal aid for victims of
disasters or state-related death.
Territorial extent and application
- The territorial extent and application is to be
determined.
Key facts
- Recent reports have highlighted the defensive culture and
lack of candour in parts of the public sector and the current
codes and rules in place across the public sector vary in their
nature, legal basis and ability to enforce the right behaviours
when things have gone wrong.
- Bishop James Jones in his report on the experiences of the
Hillsborough families wrote: “The experience of the
Hillsborough families of ‘the patronising disposition of
unaccountable power' calls for a substantial change in the
culture of public bodies.”
- Sir Brian Langstaff in the recently released Infected Blood
Inquiry report wrote: “It is plain that the objective of
those who support a statutory duty is the same as those in
government who do not – that there needs to be a change of
culture to one which values personal candour and rejects
defensiveness.”
