In a momentous development, Members of Parliament have successfully approved the long-awaited Hillsborough law, heralding a significant shift in the balance of power between the state and the public. Andy Burnham, a prominent advocate for the families affected by the Hillsborough disaster, has characterised the bill as a crucial step toward ensuring accountability, illustrating a rare instance of unity within the Labour Party. This legislation is poised to become a defining legacy of Keir Starmer’s administration.
A Moment of Triumph for the Hillsborough Families
Speaking in the House of Commons during the pivotal debate, Burnham underscored the importance of the bill in addressing the profound injustices faced by the families of Hillsborough victims. He stated, “We have had a situation in this country where people suffer the trauma of the initial bereavement, the incident that took their loved ones away, and then they are re-traumatised by the behaviour of the state.”
The Hillsborough law seeks to establish a duty of candour for public officials, making it an offence for them to mislead or evade questions during investigations into public tragedies. Burnham described the legislation as a “rewiring of the state,” emphasising that it sets a new standard for how institutions interact with the individuals they serve.
Keir Starmer’s Commitment to Justice
The passage of this bill has been a personal crusade for Prime Minister Keir Starmer, who reaffirmed his dedication to the Hillsborough campaigners during a recent reception at Downing Street. He reflected on the profound lessons learned from the families, stating, “Whatever happens next in my life, I’m never giving up on this. While I’ve got breath in my body, I’m going to campaign on all these issues with all of you for as long as is necessary.”
Sources close to Starmer indicate that he has invested considerable political capital in advancing this legislation, engaging in discussions with security service leaders to address initial concerns regarding national security and the application of the duty of candour to intelligence officers.
Overcoming Challenges and Delays
The journey to this point has not been without its obstacles. Initial discussions regarding the bill stalled earlier this year due to disagreements over provisions for serving intelligence officers, with families advocating for full transparency during inquiries. The government had suggested allowing security chiefs to determine when evidence could be withheld for national security reasons—an idea met with resistance from the families.
However, recent negotiations resulted in a compromise, permitting the chair of an inquiry to review any applications from MI5 regarding the withholding of evidence while ensuring that the agency cannot evade its obligations entirely. This development was shaped by the experiences from the Manchester Arena inquiry, where issues of transparency were brought into sharp relief.
Expanding Access to Justice
In tandem with the duty of candour, the Hillsborough law also includes a substantial expansion of legal aid for bereaved families, amounting to £185 million—the largest increase in a decade. Justice Minister Sarah Sackman articulated the significance of this funding, stating, “Access to justice is the right that makes all others real. A massive expansion in legal aid accompanying the law will empower people, whatever their means, to hold authorities to account.”
This financial backing is intended to ensure that families navigating the often complex inquest process have the necessary resources to seek justice and accountability.
Why it Matters
The enactment of the Hillsborough law signifies a transformative moment in the UK’s approach to public accountability, particularly concerning how authorities engage with bereaved families. This legislation not only addresses the specific injustices faced by the Hillsborough victims but also sets a precedent for future cases involving state accountability. By empowering ordinary citizens to challenge official narratives and demanding transparency, the law represents a substantial shift in the culture surrounding governmental responsibility. As Burnham and Starmer have articulated, this is not merely about legislation; it is a pivotal step towards a more just and equitable society.