The current draft of the Hillsborough Law is being dismissed as “useless” and will not meet the demands of survivors and bereaved families, The i Paper can reveal.
Labour’s 2024 manifesto proposed a law that would introduce a “duty of candour” requiring complete transparency from institutions after disasters such as Hillsborough, when 97 Liverpool fans were unlawfully killed during a crush at the stadium 36 years ago.
Those privy to the Bill – which has been recalled for further consultation – fear it contains too many loopholes and say one recent draft did not contain the term “duty of candour” at all.
A source described the draft as “a complete dog’s dinner.” Campaigners also called for enforceable criminal sanctions for those who do not comply and parity of arms – ensuring adequate legal aid for victims of disasters and state-related deaths to prevent “David vs. Goliath” cases.
In a private phone call, Sir Keir Starmer was described as being “in panic” having been told the watered-down Bill was unacceptable to bereaved families.
The Prime Minister said at last year’s Labour Conference that the Bill would be introduced to Parliament before the anniversary of the Hillsborough disaster, which falls on 15 April.
The government says that the plan has been pushed back to give it more time to develop the legislation. The decision has been generally accepted because it should not be rushed.
‘A betrayal of promises’
“We are sorry that the Prime Minister has not fulfilled his promise to deliver the Hillsborough Law, but we recognise that the draft prepared for him by the Cabinet Office is a betrayal of the promises made,” Elkan Abrahamson, a director at Hillsborough Law Now, told The i Paper.
“We hope and expect he will use the delay to reinstate the law as originally drafted in 2017.”
Ministers are receiving regular updates on the Bill’s progress, and several have publicly and privately acknowledged that the law needs to change. No individual has ever faced a criminal penalty for the unlawful killing of the 97 Liverpool supporters at Hillsborough.
At a recent consultation involving the families of victims of Hillsborough, the Post Office Scandal and the Grenfell Tower fire, the existing law was described as “f**king outrageous” and “cruel” for denying them a voice and forcing them into decades of campaigning for justice.
“The Hillsborough disaster is one of the greatest stains on British history, and the families of those who lost loved ones have shown endless determination to get justice,” a Government spokesperson told The i Paper.
“Having consulted with these groups over the past few weeks, we believe more time is needed to draft the best version of a Hillsborough Law. We remain fully committed to bringing in this legislation at pace, which will include a legal duty of candour for public servants and criminal sanctions for those who refuse to comply.”
Key demands of campaigners
- Duty of candour – public and private bodies would have to assist investigations and operate with transparency, disclosing all relevant evidence.
- Parity of arms – legal funding and representation for families to ensure they have a fair and equal chance of presenting their case as well-funded institutions
- Criminal sanctions for those involved in covering up disasters, as happened following the tragedy at Hillsborough
Why is there a new Bill?
It is understood that the Prime Minister has been personally involved in monitoring the Bill’s progress. However, a scheduled recent meeting between Sir Keir and the Hillsborough families was cancelled at short notice, with some saying they found out through the media that it was not going ahead. A debrief of officials in Liverpool was also cancelled.
The Public Authority (Accountability) Bill – an earlier version of the proposed Hillsborough Law – was introduced to the Commons by Andy Burnham, the Merseyside-born Mayor of Greater Manchester in 2017. It only had one reading and fell due to that year’s General Election announcement.
Some campaigners say they have been left in the dark about why the original Bill is not being revived in its prior format or why the Government is working on its own version.
Those who have seen the updated drafts have done so in short sessions and were not allowed to take notes due to government policy. Without significant revisions, it is feared that, in practice, it will not differ sufficiently from the existing law.
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The i Paper has also seen correspondence from MPs who fear the delays to the law’s introduction mean it will not be available in time for the inquiry into the 2024 Southport killings.
Earlier this month, the House of Commons leader Lucy Powell promised to take “whatever time is necessary” to finalise legislation so that any Hillsborough Law would “meet the expectations” of families and survivors.
During Sunday’s victory over West Ham, Liverpool supporters unveiled a banner in the Kop reading: “Unlawfully killed, unfairly blamed – Hillsborough Law now.”
No 10 and the Cabinet Office have been contacted for comment.
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