Victims minister Catherine Atkinson has stated that the government intends to make 'broad use' of the duty of candour under the Hillsborough law, addressing MPs during the report stage debate in the Commons. She rejected suggestions that the bill would endanger national security.
Duty of candour scope
Atkinson explained that the duty could extend to 'investigations into police misconduct, serious healthcare incidents like major maternity reviews, such as the Leeds and Sussex maternity services review, serious health and safety investigations, and key ombudsman investigations.' This broad application aims to ensure transparency and accountability across public services.
National security assurances
In her speech, Atkinson emphasized: 'Nothing in this bill or its practical effect changes our position in relation to national security. Many in our public services work in sensitive roles, where revealing their identity could put them at risk, or others at risk. The bill does not require anyone to breach any other law – it expressly states that it does not override existing legislation, including the Official Secrets Act 1989.'
Protections for sensitive roles
The bill includes specific protections for employees of intelligence services and other select bodies, who are exempt from the requirement to notify if they cannot come forward. However, Atkinson noted that 'there may be other situations where notifying may carry a similar risk.' She clarified: 'A public servant does not have to come forward until it is safe to do so but steps must be taken without delay to ensure a notification can be made safely.'
Impact on public trust
The Hillsborough law, named after the 1989 disaster that claimed 97 lives, aims to impose a legal duty of candour on public officials and organisations. The government's broad use of this duty is expected to enhance accountability in investigations, potentially rebuilding public trust in institutions handling sensitive cases.
