MPs have finally passed the stalled Hillsborough law, a rare moment of Labour unity, with Andy Burnham hailing it as a power shift from the state to the people. The bill, a key legacy of Keir Starmer’s government, imposes a duty of candour on public officials, meaning those who lie or evade during inquiries into tragedies could face prosecution.
Burnham's first Commons intervention since returning as MP
In his first intervention in the Commons since returning as an MP, Burnham said the bill was a significant step towards securing the accountability the Hillsborough families had fought for – but should never have had to do. “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,” he said. “We can’t take that hurt away tonight. But we can put decency back at the heart of the British state, and that is what this bill does.”
Long campaign for accountability
Burnham, a long and passionate campaigner for the Hillsborough families, said the bill would be “truly a rewiring of the state” and that the lessons were still relevant to other major public scandals where institutions have protected themselves rather than the people. The public office (accountability) bill puts a duty of candour on public officials, making lying or evasion during inquiries a prosecutable offence.
Starmer's personal crusade
The law has also been a personal crusade for Starmer, who vowed to see it through at the Labour conference in Liverpool last year with Hillsborough campaigner Margaret Aspinall. He told campaigners he would spend his post-No 10 life still fighting for their cause. “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,” he said. He added that campaigners had “taught me to listen, over many, many years, to listen properly, listen good and hard, not defend the indefensible, but to decide to change things”.
Cross-party collaboration and compromise
The Guardian understands that senior members of Burnham’s team – including Knowsley MP Anneliese Midgley – were involved in getting the bill over the line, along with joint intelligence committee members Kevan Jones and Tory MP Jeremy Wright. Burnham is said to have been keen for the bill to be resolved in Starmer’s last week, wanting it to be a unifying moment for the party. In his speech, he paid tribute to Starmer, saying the change was “happening because of the prime minister’s commitment to a country based on justice and fairness … He has honoured his commitment to the Hillsborough families.”
Overcoming delays and security concerns
The bill had been long delayed after relations with the families broke down in January over a potential carve-out for serving intelligence officers. The government proposed giving security chiefs veto over whether evidence could be disclosed to an inquiry if it risked national security. Families proposed a compromise: a secure means for a judge to view the evidence. Senior government sources said Starmer had personally been in dialogue with security services chiefs over the past weeks to find a breakthrough. Attorney General Richard Hermer was closely involved in drafting the compromise. “Even during some of his weakest moments, Keir has spent political capital to make progress – he has put everything into getting Hillsborough over the line,” a government source said.
Families' role and reception
Families – including those of other disasters like the Manchester Arena bombing – met Starmer at a Downing Street reception before the third reading. “This isn’t the PM’s victory, it’s their victory,” a No 10 source said. The Home Office and security services had concerns about applying the duty of candour to the security services, but Home Secretary Shabana Mahmood has now signed off on the bill, though it still needs to go through the Lords. The compromise was brokered over the weekend based on families’ proposals: the chair of an inquiry would hear an application from MI5 bosses if they believe some information should be withheld on national security grounds, but crucially, they cannot fail to provide the evidence.
Burnham's long-standing involvement
Burnham introduced the same law as an unsuccessful private member’s bill in 2017. He will now be prime minister when the bill becomes law almost a decade later. Hillsborough law campaigners welcomed the return of the bill. In a statement, Charlotte Hennessy, Sue Roberts, Steve Kelly and Aspinall said: “We have shown that true power belongs to ordinary people. We did not stay silent, we were not ground down, we were not afraid to speak truth to power. This is not just about legislation, but about changing the way the bereaved and survivors are treated and a change in culture, and it is deeply empowering knowing that this protects others for ever.”
Expansion of legal aid
As well as the duty of candour, the bill includes a major expansion in legal aid to bereaved families, steered by Justice Minister Sarah Sackman. The £185m expansion – the largest in a decade – will give bereaved families legal support to navigate the inquest process. “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,” Sackman said.
