The government has pulled a final debate on its Hillsborough Law from today’s parliamentary proceedings following tense negotiations last week with campaigners and concerned MPs.
Last week, the government tabled an amendment to the bill which brought members of the security services within the scope of the law’s “duty of candour” – a new legal requirement on public authorities to tell the truth and cooperate in inquiries into major disasters. However, concern arose among campaigners and some Labour MPs over the inclusion of a stipulation which would have meant evidence given by members of MI5 and MI6 would have been subject to the approval of their head of service. They were concerned that this could allow the security services to decide whether or not to disclose information.
A different amendment, proposed last week by Ian Byrne, the Labour MP for Liverpool West Derby, who was at Hillsborough, would make the law’s “duty of candour” apply not only to the security services but to individual members who work for them. 40 MPs, including 30 from the Labour benches, put their names to Byrne’s amendment. MPs were scheduled to vote on both Byrne’s amendment and the government’s amendment today.
On Sunday evening, it emerged that the government had dropped the bill from today’s proceedings in its entirety and said it will update parliament on the bill’s next steps shortly. A government spokesperson said: “This legislation will right the wrongs of the past, changing the balance of power to ensure the state can never hide from the people it should serve and putting a legal duty on officials to respond openly and honestly when things go wrong.” Ministers will meet with campaigners and concerned MPs throughout the day today. However, a date has not been set for the bill to return to the Commons. The spokesperson added: “We welcome continued support from victims and their families, making sure the Bill is the strongest it can possibly be while never compromising on national security.”
Speaking to the New Statesman on Monday, after the bill’s postponement, Byrne said he was “relieved” that he would not have to vote against the bill today, but added that he was “frustrated that [MPs] haven’t had the opportunity to pass it”. Byrne will meet with campaigners and families throughout the day today. He pointed out that the government still has not explained why his amendment is unacceptable. He said it was time to “find common ground” between campaigners and the government.
Anneliese Midgley, the Labour MP for Knowsley, said the government has “completely done the right thing” in delaying the bill. “The families want this amendment done and secured in the Commons before it goes to the Lords,” Midgley said, “[the government] did listen to that and although it seems like it was quite dramatic, it was absolutely the right thing to do.” Rachael Maskell, the Labour MP for York, who lost a constituent in the Manchester Arena bombing, told the New Statesman she felt the government is “right to withdraw the bill today” and called on ministers to work with the families and ensure “it gets this right.”
Brian Leishman, the Labour MP for Grangemouth and Alloa, similarly said the government had done the right thing, but he cautioned that the bill should be signed off with families before it is sent through to the House of Lords. “The Lords should not be allowed to do what they did with the Employment Rights Bill,” Leishman said.
The government has not set a date for the third reading and report stage of the bill, though it is expected that they will update MPs on the next steps for the bill shortly. At a press conference this morning Keir Starmer reiterated his commitment to the bill, and said: “What we’re now trying to do is make sure we get the balance right when it comes to the application of any principle to the security and intelligence agencies.” He added: “Obviously I have to focus on the national interest. My primary duty as prime minister is to keep this country safe and secure… which is why we’re just taking time to make sure that we get that balance absolutely right.”
[Further reading: The march of the Pink Ladies]
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