British public officials given legal duty of candour
The British government is to introduce a bill that would place a legal duty of candour on public officials and authorities.
The proposed legislation, known as the Hillsborough Law, is aimed at preventing what the government described as “a culture of cover-ups" seen in the wake of the Hillsborough, , and Grenfell scandals.
The long-awaited Public Office (Accountability) Bill is to be introduced to parliament today (16 September).
Expansion of legal aid
Its main proposals include:
- A new professional and legal duty of candour – meaning public officials must always act with honesty and integrity – with criminal sanctions for “egregious breaches”,
- An expansion of legal aid for bereaved families to provide non-means-tested help and support for inquests, and
- A new offence of misleading the public that includes criminal sanctions for serious breaches.
Referring to the Liverpool fans who died in the Hillsborough tragedy in 1989, British Prime Minister Sir Keir Starmer said: “Make no mistake – this a law for the 97; but it is also a law for the sub-postmasters who suffered because of the Horizon scandal, the victims of infected blood, and those who died in the terrible Grenfell Tower fire.”
‘Proportionate’ spending
The government said that the bill included “the largest expansion to legal aid in a decade”, as bereaved families would have publicly funded legal representation at inquests, with the costs covered by the public body represented.
A legal duty will also be placed on public bodies to ensure their spending is proportionate, in a measure aimed at stopping the state from hiding behind unjustifiably large legal teams at inquests and making sure that both sides are on a fair and equal footing.
As part of new guidance, “clear expectations” will also be established on how state bodies and their representatives should participate at inquests.