Labour manifesto confirms commitment to Hillsborough Law
A Hillsborough Law would be introduced under a Labour government, the party has pledged in its manifesto.
Leader Sir Keir Starmer had re-affirmed in April, on the 35th anniversary of the Hillsborough disaster, his commitment to bringing in the law.
Campaigners have been calling for new legislation to prevent the experiences of families of the 97 Liverpool fans who were killed in the 1989 Hillsborough disaster happening again, and to help victims of other scandals to get justice.
In its manifesto, published on Thursday 13 June, the party said: “Labour will introduce a ‘Hillsborough Law’ which will place a legal duty of candour on public servants and authorities, and provide legal aid for victims of disasters or state-related deaths.”
The party said “too many victims of historical injustices have had insult added to injury by years of legal delays”.
As part of the pledge, a legal duty of candour which would make public servants and agencies legally liable if they do not tell the truth.
The news has been welcomed by supporters of the campaign.
Lawyer Elkan Abrahamson, director of Hillsborough Law Now, described the manifesto commitment as “a seminal moment” for the campaign “as it shows Labour’s commitment to adopting the law which we and victims believe is so desperately needed”.But he added: “A Hillsborough law while welcome is only part of the picture.“There is also need for whistleblower protection and for a national oversight mechanism, without which recommendations from costly inquiries are simply ignored.”
In December the government stopped short on implementing Hillsborough Law in its long-awaited response to a report into the experiences of the bereaved families.
Instead it signed up to a Hillsborough Charter, pledging to place the public interest above its own reputation, claiming a “Hillsborough Law” incorporating a legal duty of candour was not necessary.
Ninety-seven men, women and children died as a result of a crush on the terraces at the FA Cup semi-final between Liverpool and Nottingham Forest in Sheffield on April 15 1989.
It is hoped a Hillsborough Law could help bereaved families and survivors in other disaster situations involving public bodies, such as the Grenfell Tower inquiry, and the inquiries into the Manchester Arena attack and the Government's handling of the coronavirus outbreak.
What is the Hillsborough Law?
The law came from a review of the experiences of the Hillsborough families by former Bishop of Liverpool the Right Reverend James Jones - ‘The Patronising Disposition of Unaccountable Power’.
It was published in 2017 and detailed 25 recommendations to reform the system. It is those recommendations, and what campaigners say are failures of criminal trials related to Hillsborough, which form the basis of the Hillsborough Law.
It would bring in a number of measures including:
A Public Advocate to act for families of the deceased after major incidents.
Giving bereaved families better access to money for legal representation at inquests -the measure would allow families, who often find themselves facing expensive QCs, to afford lawyers themselves - creating an equal playing field.
Put in place a duty of candour for all police officers and public officials which means they must be open and honest when something that goes wrong.
A Charter for families bereaved through public tragedy which would be binding on all public bodies.
A requirement that evidence and findings of major inquests must be taken fully into account at any subsequent criminal trials.
Clarification in law that major inquiries commissioned by government or other official bodies constitute “courses of public justice”.
A requirement that any criminal trials following a major inquest take place in a court with relevant expertise and status, rather than a crown court.
A report published in May by Parliament’s Joint Committee on Human Rights (JCHR) found “institutional defensiveness” remained a problem and recommended the Government consider introducing a statutory duty of candour for all public bodies.
The Labour Party also pledged to:
Act on the findings of the Infected Blood Inquiry, and respond to the findings of the Grenfell Inquiry and the Covid-19 Inquiry “to ensure swift resolution”
Ensure the victims of the “appalling” Windrush scandal have their voices heard, that the compensation scheme is run effectively, and a new Windrush commissioner is appointed
Ensure, through an investigation or inquiry, “that the truth about the events at Orgreave comes to light”.
Campaigners have also been calling for national oversight mechanism, described by Grenfell United as an independent public body responsible for collating, analysing and following up on recommendations from inquiries into state-related deaths.