A Hillsborough Law will be put onto the statute book by an incoming Labour government, the party will announce at its annual conference in Liverpool this weekend.
Delivering on calls from campaigners including the families and survivors of the 1989 Hillsborough disaster, it will see the creation of new regulations to help prevent future injustices where there is state involvement.
As part of the legislation, Labour will introduce:
- A duty of candour: to ensure that public authorities and officials proactively cooperate with official investigations – to offer the transparency and accountability they need to succeed
- Legal aid: to entitle victims of disasters or state-related deaths to parity of legal representation during inquests and inquiries, meaning they are funded for lawyers, putting them on a level playing field with public bodies which are represented
- An independent public advocate: to act as a representative for bereaved families that have lost ones in a disaster. They would advocate for their best interests, and establish a panel to review all the evidence, documentation, and data relating to the tragedy - to advise on the course of action most likely to get justice
- A code of ethics: which would require all public authorities to publish a ‘Code of Ethics’ that promotes ethical behaviour, transparency, and candour. This should take account of the Seven Principles of Public Life, provides reasonable protection for whistle-blowers, and offer a complaints system that is accessible to the public.
The introduction of a Hillsborough Law is widely back by campaigners including the Hillsborough Law Now group – which includes a broad coalition of victims, bereaved families, and charities.
Keir Starmer MP, Leader of the Labour Party, said:
“Labour stands unequivocally with the Hillsborough families. We've repeatedly called for the Hillsborough Law and making it reality would be a priority of my Labour government.
“As Director of Public Prosecutions, I spoke with the Hillsborough families, before the Independent panel would decide whether criminal trials or an inquest should come first. Their raw pain was matched by their inspirational courage. Nobody should ever have to endure what they've been through.
“In July this year I visited the Hillsborough memorial and met with campaigner Margaret Aspinall, whose son James was amongst the victims of the tragedy. For Margaret, for James, and the 96 other lives tragically lost, we will change the law to stop this happening again."
Elkan Abrahamson, head of major inquests and inquiries at law firm Broudie Jackson Canter, acted for 20 families during the Hillsborough inquests and is one of the architects of the Public Authority (Accountability) Bill, often referred to as Hillsborough Law. He says: “This is a very welcome announcement and everyone working on the Hillsborough Law Now campaign is ready to assist the Labour Party in bringing this Bill into legislation. However, there is no need to wait for a general election. The Conservative Government have had almost five years since receiving recommendations from the then Bishop of Liverpool, Rev. James Jones on the lessons to be learnt from Hillsborough and have sat on their hands. It is within their gift to make this happen now.
“This is an issue of national importance. As the country awaits the start of the UK Covid-19 Inquiry, arguably the most extensive and far-reaching public inquiry this country has ever seen, the Bill’s reintroduction could not be timelier, and would give the inquiry’s core participants confidence in the Government’s commitment to openness and honesty. Unfortunately, our early experience with the Covid-19 Inquiry is that bereaved families are already starting out at a disadvantage by being denied properly funded legal representation. At the same time, taxpayer funded bodies have access to all the support they need. That is why this legislation is so important. It would put an end to such David v Goliath type battles.”