Reaction to how families are treated is not as good as many campaigners had hoped.
The government has apologised for “compounding the agony” of the Hillsborough families and survivors – but has rejected bringing in a Hillsborough Law for which many had called.
The apology comes as the government today finally responded to Bishop James Jones’ Hillsborough report titled “The Patronising Disposition of Unaccountable Power” – more than six years later. The former Bishop of Liverpool’s 2017 report laid bare the experiences of the Hillsborough families, both in the immediate aftermath of the disaster and in the decades since.
Bishop James was tasked with examining the experiences of the Hillsborough families after the conclusion of new inquests in 2016. Those inquests – the longest jury hearings in British history – ended with a ruling that 97 Reds fans who died after the FA Cup semi-final on April 15 1989 were unlawfully killed.
The bishop’s 117-page report, which raised damning questions over the integrity of public bodies when they come under scrutiny, found institutions too often sacrifice the public interest in the defence of their own actions.
Bishop James identified 25 key points in his report, including a charter that all public bodies should sign that would see them commit to rescuing victims, supporting the bereaved and protecting the vulnerable in the event of a public tragedy. He also called for a “duty of candour” to force those in public positions to fully cooperate with investigations and for fairer funding to be on offer for those affected by major tragedies.
These measures formed the basis of a proposed new Hillsborough Law – backed by the families, campaigners, the ECHO and the Labour Party – where public officials have a legal duty to be honest, while bereaved families can also participate in enquiries through publicly-funded representation. However, in a 75 page report called ‘A Hillsborough legacy: the government’s response to Bishop James Jones’ report to ensure the pain and suffering of the Hillsborough families is never repeated,’ the government rejected bringing a Hillsborough Law into the statute book.
The report, released today and seen by the ECHO ahead of national publication, said: “It is our view that the duties and obligations that have been created since the Hillsborough disaster, combined with actions set out in this response, broadly achieves the aims and upholds the principles of what has come to be known as the ‘Hillsborough Law’. While legislation alone cannot ensure a culture of openness, honesty and candour, we will not rule out bringing further legislation if we think this is needed to drive further improvement.” The government claims adopting the full duty of candour risks creating conflict and confusion for those executing them.
The report, signed by Home Secretary James Cleverly and Lord Chancellor Alex Chalk, notes how the government has signed the bishop’s recommended Hillsborough Charter “reaffirming its commitment to a continuing culture of honesty and transparency in public service and the wider sector”. The government said it agrees with “the importance of organisations acting responsibly, honestly, and transparently following a major disaster”.
The ECHO understands the deputy prime minister Oliver Dowden will write to everyone who works in government to ensure they are aware of the Hillsborough Charter and what it means for the way they work. The charter has already been signed by the likes of the National Police Chiefs’ Council, College of Policing and Crown Prosecution Service.
The government last month introduced legislation to place a statutory duty of candour on policing. This was proposed by the bishop, but the report stops short of ensuring that the duty of candour applies to all public bodies. A Labour-backed Hillsborough Law would ensure legislation is in place to force public authorities to put “needs and rights above them trying to protect their own reputation”.
The government said it is legislating in the Victims and Prisoners Bill to establish an Independent Public Advocate (IPA) to support bereaved families and victims in the immediate aftermath of a major incident. The role will be established in an aim to support victims of major disasters by offering support and advice quickly. However, although announced in today’s report, the IPA is not in response to Bishop Jones’ points of learning – and was already confirmed in November last year.
A fundamental point set out in the bishop’s report was for proper participation and representation of bereaved families at inquests to address “inequality of arms” between them and the state. The Hillsborough families funded their own legal representation at the first inquests – 43 families pooled funds just to afford one barrister – so the bishop said it was vital they have funds and access to the best legal minds to counter public bodies.
However, the government’s new report does not promise this. Instead, the report said to “build upon the progress made by removing the means test for exceptional cases of funding, the government will consult on expanding the provision of legal aid following public disasters where the IPA is deployed”.
The report apologises for the delay in responding to the government’s response to the bishop’s findings. Prime minister Rishi Sunak said: “The Hillsborough families have suffered multiple injustices and more than 34 years later, there can never be too many apologies for what they have been through. And I want to repeat that apology today, and thank the Hillsborough families for their tenacity, patience and courage.
“Today, the Government will publish its response to Bishop James Jones’ report on the experiences of these families, setting out how we will improve support for the bereaved in the aftermath of a public disaster and how we expect public bodies to act – which is with honesty, transparency and candour.”
Speaking exclusively to the ECHO, home secretary Mr Cleverly added: “The 97 lives taken by the Hillsborough disaster will never be forgotten, and grief still lives raw in the memory of every family and community left behind. So many people were touched by this national tragedy.
“Police honesty, accountability and transparency were missing, and the Hillsborough families were badly let down. It is clear the mistakes which were made must not happen again. That is why we promised the Hillsborough families that we would honour the legacy of their campaigning and deliver lasting change.
“By signing the Hillsborough Charter and introducing a duty of candour for policing, this government will deliver that change. I’m grateful to Bishop James Jones and pay tribute to the Hillsborough families, who have campaigned tirelessly to help protect others from similar experiences in the future.”
However, the Hillsborough Survivors’ Association said in a public statement: “We are used to waiting, to delay but we won’t be going away. We demand something really simple, that laws are put in place to ensure any repetition of the police lies over Hillsborough, would result in criminal charges. That is why we need a change of law, to introduce a duty of candour for all public officials.”
The group added: “We thank all the family members, fellow survivors, campaigners, politicians and journalists who have refused to be silenced over the ears and we continue to stand in solidarity with all the organisations and campaigners demanding a Hillsborough Law Now.”
Reaction is expected from Hillsborough families and Bishop James Jones later today.
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