Alex Davies-Jones MP: speeches 2025

Speeches

• 4 Dec 2025 · Public Office (Accountability) Bill (Fifth sitting) · Hansard source

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  No, there is no new money for this legislation. Therefore, we hope that the spending that public authorities carry out for inquests will match how much they have to fund for the bereaved families. We hope that this will also be a deterrent against arming up officials when going towards what should be an inquisitorial process.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I thank hon. Members for raising those important points. In this Bill, we have aimed to ensure candour while protecting national security. As it stands, inquiries and investigations will be able to demand any information and assistance they require from the intelligence services. Where national security information is concerned, the agency as a whole will provide that assistance to the inquiry or investigation by complying with a compliance direction, rather than individuals directly in their own right. To balance that, and to ensure that there are no gaps, carve-outs or exclusions, those in charge of the agencies are subject to specific requirements to put arrangements in place for individuals to maintain records of information relating to any acts that may be relevant to an inquiry or investigation, and to provide information to the authority to ensure that the duty is complied with as set out in clause 6. Rightly, a failure to have these arrangements in place will result in criminal sanctions. Intelligence services obtain and retain sensitive security and intelligence information in order to protect the public from national security threats. Vital public interests, including national security, would be at real risk of harm from the unrestricted disclosure of this sensitive information. We all share the same aims here—ensuring that candour is in place while protecting national security and the public. Taking on board the points raised by Hillsborough Law Now and others, we constructed clause 6 in such a way as to ensure that there is a secure process that the intelligence services can work through so that any information required by an inquiry or investigation reaches that place safely, so that there can be full candour. However, we have heard the concerns from Hillsborough Law Now and from members of this Committee about our provisions. I assure hon. Members that the Government have taken their points on board, and we will commit to working with them and others actively to consider steps to address this in time for Report. I turn to the other amendments, which set out that the intelligence authorities are to be listed as a public authority for the purposes of the duty of candour and assistance, and the code of ethical conduct in schedule 2. Clause 6 already makes it clear that the duty applies to the intelligence services as it applies to all other public authorities; therefore, it is beyond doubt that they are included, as a public authority, in the Bill. We have not set out an exhaustive list of public authorities in schedule 2 to avoid unintentionally excluding some bodies by failing to list them. No individual Department or arm’s length body of central Government is included in the list for that purpose. If we begin to list public bodies, there is a risk that we imply that those not listed are not covered, which could weaken the Bill. I urge the hon. Member for Cheadle to withdraw his amendment, but I reiterate my commitment to working with Members on a way forward to capture all the concerns raised both in the Committee and outside of it.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I thank hon. Members for a useful debate getting into the detail the provisions—that is why we have Bill Committees. It would be beneficial for me to clarify exactly how the Bill applies to non-statutory inquiries, as outlined by my right hon. Friend the Member for Liverpool Garston. The duty of candour and assistance will apply to all statutory and non-statutory inquiries and inquests described in schedule 1. Non-statutory inquiries are defined as those caused by a Minister; those that include the delivery of a report with a view to publication; and those that the Minister has confirmed in writing relate to matters of public concern. This is the first time non-statutory inquiries have been set out in law, but we envisage that this category could include investigations held under other names, such as independent panels, provided the criteria set out are met. Amendment 1 would automatically extend the duty of candour and assistance to independent panels and reviews established by Ministers. The Bill includes a power to extend the duty to other categories of investigations, or to specific investigations via secondary legislation. It is therefore not the case that if an investigation is not covered in the Bill, the duty of candour can never apply.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I welcome that intervention. As I have stated, if there was a statutory health and safety obligation in connection with an incident under investigation, then, yes, those individuals would be captured by the Bill.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  As I stated previously, the Government have committed to only strengthening this Bill as it moves through Parliament. That is exactly what this group of amendments does. Before I move on, I want to say how severely disappointed I am that the Opposition pressed the previous amendment to a vote, given my assurances that those types of investigations and inquiries will of course be covered by the Bill. That seemed to fly in the face of the statements at the beginning of the Committee sitting, where we said that we would not play party politics with the Bill. It seems, sadly, that the Opposition do not have the same ambition in mind. Amendment 7 extends the duty of candour and assistance to apply to local authorities and local authority inquiries into serious incidents called by combined, unitary, borough, county and district councils. We have prepared the amendment with previous local inquiries firmly in mind, such as the Kerslake review into the preparedness for and emergency response to the Manchester Arena attack and local grooming gangs inquiries. It would also cover the Edinburgh tram corruption inquiry mentioned by the Mayor of Greater Manchester in oral evidence. For the duty to apply, inquiries must relate to matters in the local authority’s area and that are within a local authority’s competence or control. There must also have been a significant risk of causing death or serious physical or psychological harm to one or more persons or substantial economic loss to one or more persons as a result of conduct involving dishonesty, impropriety or a serious breach of ethical or professional standards. That ensures incidents that have caused a significant risk to life or corruption are rightfully brought into scope, with the appropriate threshold in place to avoid unintended pressures and inappropriate use. The rest of the amendment replicates the provisions set out for statutory and non-statutory inquiries in part 1 and part 2 of schedule 1. Amendments 6 and 4 are consequential on amendment 7. Amendment 6 agreed to. Amendment made: 7, in schedule 1, page 30, line 18, at end insert— “Part 2A Local authority inquiries 3A (1) This paragraph applies where— (a) a local authority in England has caused an inquiry (however described) to be established, (b) the terms of reference of the inquiry do not require it to determine any fact, or make any recommendation, that is not wholly or primarily concerned with a local authority matter, (c) the inquiry’s functions include the delivery of a report to the authority with a view to its publication, and (d) the authority has given written confirmation to the person leading the inquiry (“the chair”) that it appears to the authority that the inquiry is established in connection with an event or series of events in respect of which the condition in sub-paragraph (2) is met. (2) The condition is that the event (or series of events) caused, or created a significant risk of causing (a) death or serious physical or psychological harm, or (b) substantial economic loss to one or more persons as a result of conduct involving dishonesty, impropriety or a serious breach of ethical or professional standards. (3) As soon as reasonably practicable after the start of the inquiry, the chair must (subject to sub-paragraph (11)) give a compliance direction— (a) to a public authority or public official, or (b) to a person who had a relevant public responsibility in connection with an incident to which the inquiry relates, if it appears to the chair that the person’s acts are or may be relevant to the inquiry or that they otherwise have information likely to be relevant. (4) Sub-paragraph (3) does not limit the power of the chair to give a compliance direction at any other time during the course of the inquiry. (5) Where a compliance direction is given to a public authority or body within sub-paragraph (3)(b), a compliance direction must also be given to the individual appearing to the chair to be in charge of that authority or body. (6) A “compliance direction” is a direction to comply with the obligations under the duty of candour and assistance imposed by— (a) section 2(4), and (b) in the case of a direction given to an individual under sub-paragraph (5), section 2(5). (7) A compliance direction— (a) must be given in writing; (b) must set out the terms of reference of the inquiry; (c) may specify particular requirements to be complied with (and for that purpose may specify the form and manner in which, and the period within which, those requirements are to be complied with); (d) may be varied, supplemented or revoked by the giving of a further direction. (8) In determining the objectives of the inquiry for the purposes of complying with the duty of candour and assistance under section 2(4), regard is to be had (in particular) to the terms of reference as set out in the compliance direction. (9) The reference to a report in sub-paragraph (1)(c) is to a report that sets out— (a) the facts determined by the chair, and (b) the recommendations of the chair (where the purposes of the inquiry include the making of recommendations). (10) The provisions of the Inquiries Act 2005 (“the 2005 Act”) listed in the first column of the Table apply, to the extent specified in the corresponding entry in the second column, to an inquiry in relation to which the duty of candour and assistance applies by virtue of this paragraph as they apply to an inquiry under the 2005 Act— Provision of 2005 Act Extent of application Section 17(1) and (2) (evidence and procedure) Apply only in relation to procedure and conduct of inquiry so far as relating to requirements imposed under the duty of candour and assistance Sections 19 and 20 (restrictions on public access etc) Apply only in relation to restrictions imposed in respect of evidence etc given in compliance with the duty of candour and assistance Section 21(3) to (5) (contents of, and challenges to, notices) Apply to a compliance direction as they apply to a notice under section 21 of the 2005 Act Section 22(1) (privileged information etc) Applies in respect of evidence etc given under the duty of candour and assistance as it applies to evidence etc given under section 21 of the 2005 Act Section 22(2) (public interest immunity) Applies only in relation to evidence or documents that would otherwise be required to be produced under the duty of candour and assistance Section 36 (enforcement by High Court or Court of Session) Applies to a failure to comply etc with a compliance direction as it applies to a failure etc to comply with a notice under section 21 of the 2005 Act. (11) A compliance direction— (a) may be given only— (i) in respect of evidence, documents or other things that are wholly or primarily concerned with a local authority matter, or (ii) for the purpose of inquiring into something that is wholly or primarily a local authority matter; (b) may not be given so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of His Majesty’s Government in the United Kingdom, the Scottish Ministers, the Welsh Ministers or a Northern Ireland Minister (including the First Minister and the deputy First Minister acting jointly); (c) may not be given to a public official if it would require the official to provide information relating to security or intelligence, within the meaning given by section 1(9) of the Official Secrets Act 1989, and a public official is not required to provide any such information in response to a direction given in breach of this prohibition (but this paragraph otherwise applies to an intelligence service as it applies to other public authorities). (12) A person ceases to be subject to the duty of candour and assistance when the inquiry to which it relates comes to an end. (13) In determining when an inquiry established by a local authority comes to an end for the purposes of sub-paragraph (12), section 14 of the Inquiries Act 2005 applies as it applies to an inquiry under that Act as if— (a) references in that section to the Minister were to the authority, and (b) subsection (4)(b) of that section were omitted. (14) In this paragraph— (a) references to a local authority in England do not include a parish council; (b) references to a “local authority matter”, in relation to a local authority, are to any matter— (i) which relates to the area of the authority, and (ii) in respect of which the authority exercises functions; (c) “terms of reference”, in relation to an inquiry established by a local authority, means— (i) the matters to which the inquiry relates; (ii) any particular matters as to which the chair is to determine the facts; (iii) whether the chair is to make recommendations; (iv) any other matters relating to the scope of the inquiry that the local authority may specify; (d) the reference to a person who had a relevant public responsibility in connection with an incident is to be read in accordance with section 4. (15) Paragraph 3 applies to a compliance direction given under this paragraph as it applies to a compliance direction given under paragraph 2.” This amendment extends the duty of candour and assistance, and the related power to give compliance directions, so as to include certain local authority inquiries in England.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I can confirm that an area coroner, for the sake of the Bill and under the Coroners Act, is classed as a senior coroner. Amendment 8 agreed to. Amendments made: 9, in schedule 1, page 30, line 38, after “to the” insert “senior”. This is a drafting refinement. Amendment 10, in schedule 1, page 32, line 1, leave out “Schedule” and insert “paragraph”.— (Alex Davies-Jones.) This is a drafting refinement. Schedule 1, as amended, agreed to. Clause 3 Section 2: further provision Question proposed, That the clause stand part of the Bill.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  These three amendments are minor and technical. Government amendments 8 and 9 update schedule 1 to refer to a “senior coroner”, thereby identifying the statutory office for consistency with the Coroners and Justice Act 2009 and other legislation. Government amendment 10 replaces a reference to this “Schedule” in schedule 1, paragraph 4 with a reference to this “paragraph”. This is a drafting refinement to clarify that the definitions in new paragraph 2A of schedule 5 of the Coroners and Justice Act 2009 apply only to that paragraph rather than to the entirety of schedule 5. I commend these amendments to the committee.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I totally agree with my hon. Friend and that is exactly why the Bill is so important and integral. We have all heard the stories—the reality—of what the families, the bereaved and the survivors have been through. No one should ever have to go through that again. The intent behind clause 2 is to do just that: to ensure that no family has to go through the unimaginable again. Clause 2 sets out the requirements of the duty of candour and assistance at inquiries and investigations; in short, what those under the duty need to do. As subsection (1) states: “Public authorities and public officials must at all times act with candour, transparency and frankness in their dealings with inquiries and investigations.” The duty has two stages to it. The first, in clause 2(3), is the requirement for public officials to come forward and make themselves known to an inquiry or investigation if they have reason to believe that their actions or information they hold might be relevant to it. The second, in clause 2(4), is to then provide any assistance that the inquiry or investigation requires. Clause 2(4) lists the types of assistance that might involve—for example, drawing attention to information that is particularly significant and, for public authorities, to provide a position statement to an inquiry. The head of a public authority may be asked for information and assistance as an individual public official in their own right, where relevant, but subsection (5) places them under an additional obligation. When the authority that they manage is under the duty, they are personally required to take all reasonable steps to ensure that it complies. We believe that that is crucial to the success of the Bill and for the leaders of public authorities to feel personally accountable under the duty.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I sincerely thank my hon. Friend for his amendment, which seeks to lower the mental standard threshold from intent to include recklessness for the purposes of the offence of failing to comply with the duty. Recklessness already applies to breaches of the obligations in clause 2(4) and (5), so the amendment would extend the application of recklessness to obligations in clause 2(3). As the Committee has heard, under clause 2(3), those whose acts or information may be relevant to an inquiry or investigation are obliged to make themselves known to the chair. We think there is uncertainty about what recklessness in this context would actually mean and therefore do not think it right for there to be uncertainty about the test for a criminal offence. Conversely, it is straightforward and clear for the test to be that an individual or authority intends to impede the work of the inquiry or investigation by failing to make it known that they might be relevant. Once an individual or authority has received a compliance direction from the inquiry or investigation specifying the assistance that is required—the second stage of the duty—they will then know clearly what is required of them, so the test for the offence becomes either intention or recklessness. Recklessness in that context makes sense. I therefore urge my hon. Friend to withdraw the amendment, although I am happy to meet him to discuss these concerns.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  It is a pleasure to serve with you in the Chair, Sir Roger, on this historic and momentous Bill Committee. With your permission, I will say a few words about just how momentous this is. Last week, this Committee heard evidence directly from the Hillsborough families about the Bill and what it means to them. I know that the Committee will agree that that was a huge privilege for us. The Bill is of great and national importance to so many people up and down the country, and we will not play politics with this legislation. I hope my colleagues in the Opposition will do the same. What we will do is listen: we will listen to the families, Hillsborough Law Now and the members of this Committee. It is right that they and the Committee push us and challenge us. They have my commitment that if we can find ways to improve the Bill, we will. Finally, I pay tribute to my hon. Friend the Member for Liverpool West Derby and my right hon. Friend the Member for Liverpool Garston. They have each tirelessly campaigned for justice for the Hillsborough families, and played no small part in seeing this legislation brought forward. I am honoured to have them by my side in Committee. Of course, we have all said this time and again, but we would absolutely not be here without the families. This is for them, and for those who have campaigned tirelessly for so long to seek justice and to ensure that no one ever has to go through what they went through. This is not just for the Hillsborough families, but for anyone who has experienced cover-up or had to fight for the truth, and for the memories of all those who are no longer with us.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I thank hon. Members for their contributions. The amendment would apply the duty of candour to subcontractors as well as contractors of a public authority, as has been outlined. In the Bill, we have sought to extend the duty into the private sector in a manner that is proportionate and effective. The focus is, and must be, public authorities and public officials—those whose role is to serve the public. That has to be the starting point. The Bill then extends the obligations of the duty of candour and assistance to private bodies and individuals that either had a statutory health and safety obligation in connection with the incident under investigation or were a contractor to a public authority and, in that capacity, had a significant impact on members of the public in connection with the incident. As we have heard, these provisions are designed to capture the equivalents of Fujitsu in the Post Office inquiry.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I welcome that intervention and the whole purpose of this legislation is to ensure exactly that. Obviously, there will be guidance in the codes of ethics that are produced, and public authorities will probably provide training for their individual public servants who will now be captured by the Bill, if, as I hope, it receives Royal Assent and becomes an Act. I am due to attend a session at the University of Liverpool to look at exactly how we can implement the Bill, should it become legislation and reach the statute book. All of that is being taken into consideration to advise everyone about what is expected of them under the duty of candour. Therefore, I urge the hon. Gentleman not to press new clause 2 to a vote, and I pledge to work with him on exactly that. Question put and agreed to. Clause 1 accordingly ordered to stand part of the Bill.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I am happy to pick up both those points. On the first point, I will work with the hon. Lady to ensure that we find a way forward in terms of ensuring that there is no unintended gap and that we are not missing anything. A balance has to be struck between how far we go in the private sector before we are covering everybody with a duty of candour. However, we can find a way forward here.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  Clause 1 sets out the purpose of the Bill as a whole to ensure that public authorities and public officials perform their functions at all times with candour, transparency and frankness, and in the public interest. As the clause describes, the Bill sets out those duties in the substantive provisions that follow. The clause does not have any separate legal effect itself; it is designed to set out clearly and simply the intention behind the Bill to assist those who will be subject to it and the general public in their understanding. I thank the hon. Member for Bexhill and Battle for tabling new clause 2, which seeks to require the Secretary of State to define exactly what is meant by the term “public interest” in clause 1. Clause 1 is a purpose clause and does not have any legal effect in and of itself, separate from the other provisions in the Bill. It sets out the intention behind the Bill, and how the Bill achieves that intention by describing the relevant provisions. In this context, acting in the public interest means fulfilling the obligations and duties in the remainder of the Bill that arise from it; it means being candid at inquiries and investigations; and it means that those working for public authorities must adhere to the codes and ethics required by the Bill. In general, “acting in the public interest” is usually not defined in legislation, as the hon. Gentleman said. This is because what is in the public interest will depend on the circumstance and context of that particular situation. Seeking to define what it means might have the effect of narrowing what could be considered to be in the public interest. In schedule 1, the public interest is referred to in the context of public interest immunity. Public interest immunity is an established concept in law: it is a rule of evidence where documents are withheld if their disclosure would be injurious to the public interest. What is the “public interest” will be dependent on the particular circumstances, and we should not seek to constrain this or undermine a very long-established legal doctrine that is applied by the courts. The Inquiries Act 2005 and other legislation already contain provisions of this kind to ensure that appropriate protections are attached to sensitive information, which the Bill is replicating. I hope that clarifies the purpose of clause 1 and why defining “public interest” would not be appropriate and could actually hinder proceedings.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I beg to move amendment 8, in schedule 1, page 30, line 33, after “of the” insert “senior”. This is a drafting refinement.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I am happy to reassure the shadow Minister that, should the Bill receive Royal Assent, its provisions will apply immediately to ongoing investigations and inquiries. That includes local inquiries, if we pass the amendment that the Government have tabled. We cannot allow that currently, because the Bill has not become law, but once it has done, it will cover existing ongoing inquiries and investigations and those that are yet to commence.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I genuinely do not think that we have crossed wires here. The intention of the Bill is the same as that of the amendments; it is just about how we are doing this. Our approach holds the heads of authorities and the heads of all public organisations accountable for the things that they can reasonably be expected to do or not do. There is no exemption here: it is about whether they have done it or not, and about what is reasonably to be expected of them. We are confident that such accountability, as drafted in the Bill, will drive positive cultural change. The amendments in this group would unintentionally have the potential to criminalise a chief executive even if they did not have knowledge of the offence being committed and they had taken all reasonable steps to ensure the compliance of the organisation. We can find no precedence for such an approach and are deeply concerned that it could have a chilling effect on recruiting public sector leaders. I reassure the Committee that the Bill ensures accountability right at the top. I am happy to share further information with the Committee, setting that out exactly as it is, and I urge the hon. Member for Wells and Mendip Hills to withdraw amendment 27.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  Yes, of course. I have mentioned the covid-19 inquiry—it would have been impractical for every single worker to come forward to an inquiry—but I add that the chair of an inquiry must give reasons, publishing them and outlining why it would not be practical, or not helpful to the inquiry, not to bring forward a position statement. Subsection (7) is vital to ensure that the duty of candour does not cut across existing laws, such as those on data protection or safeguarding. Question put and agreed to . Clause 3 accordingly ordered to stand part of the Bill . Clause 4 Extension of duty to other persons with public responsibilities

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  indicated assent.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  If there had been an investigation or inquiry into that then, yes, it would. Subcontractors are one or more stages removed. They are responsible to the main or another contractor. Where relevant, we would expect a main contractor to account for the performance and actions of a subcontractor and be candid in doing so. Statutory inquiries and inquests already have the ability to compel evidence from such persons if necessary. Therefore, on balance, we do not think it necessary or proportionate to extend the duty to all subcontractors. I therefore urge the hon. Member to withdraw the amendment.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I beg to move amendment 6, in schedule 1, page 27, line 29, after “applies” insert “by virtue of this paragraph”. This amendment is consequential on amendment 7.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I thank the hon. Member for Wells and Mendip Hills for tabling these amendments. Amendment 31 seeks to ensure that, under the duty of candour and assistance, an inquiry or investigation, or, as she stated, a review panel, is notified by public authorities and officials of all relevant acts or information, including omissions or failures to act. We agree wholeheartedly, and I reassure the hon. Lady and all members of the Committee that the Bill already achieves the intent of the amendment. Clause 23 provides definitions for terms used throughout the Bill. It specifies that an “‘act’ includes an omission or a course of conduct”. Therefore, in clause 2, “act” is to be read as including any omission or course of conduct that may be relevant, which could include approving the actions of others. To “have information” could include information that a person approved the actions of another person, or had knowledge of them and did not prevent them. Amendment 42 would place a requirement on public authorities under the duty of candour and assistance to retain all relevant records, including digital records. Again, the Government agree with the intention behind the amendment, and believe that the provisions in the Bill are designed to achieve it in practice. Clause 2(4)(a) requires authorities and officials to provide information likely to be relevant to an inquiry or investigation if requested. They will not meet that obligation if they allow the information to be lost or destroyed when they ought to be providing it. In addition, the individual in charge of an authority has an obligation to take all reasonable steps to secure the authority’s compliance with that duty. That would necessarily involve ensuring that information is accessible within the authority, so that it can meet its obligations under the Bill. Amendment 32 seeks to ensure that the Bill has adequate safeguards to protect those complying with the duty of candour and assistance. We agree that ensuring that public officials feel safe to disclose information is essential, and several aspects of the Bill speak to that point. The duty of candour and assistance provides appropriate safeguards for the protection of sensitive information and onward disclosure and ensures that officials can feel confident that the information they provide will be handled appropriately.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I thank all hon. Members for tabling these amendments and for today’s debate. As we heard on Thursday, command responsibility is a priority for change and accountability, and I therefore hope I will be able to provide further clarity as to how our Bill ensures clear accountability right at the top. Hillsborough families were clear that there must be individual accountability, with those who have engaged in state cover-ups held responsible. Our Bill clearly delivers that. Any individual who commits a duty of candour offence can be prosecuted. That includes chief executives or the equivalent. If a public authority breaches its duty of candour or misleads the public, anyone in a management position who consented or connived with that breach can also be prosecuted. As such, amendment 27 would duplicate the provisions in schedule 3(3). Given that clarification, I ask the hon. Member for Wells and Mendip Hills to withdraw the amendment. Our Bill is consistent with the approach taken in other legislation, including the Bribery Act 2010 and the Fraud Act 2006, where personal liability for offences committed by a corporate body relies on consent or connivance. Anyone in charge of a public authority has a legal obligation to take all reasonable steps to ensure that their authority complies with the duty of candour and assistance. If they fail to do so, they will face prosecution. Amendments 33, 34, 44 and 45 would hold the chief executive personally responsible for offences committed by the public authority even if they did not have knowledge of the offence being committed, and even if—in the case of amendments 33 and 44—they had taken all reasonable steps to ensure the organisation’s compliance with the duty of candour. We do not believe that that is the intention of the amendments, and we do not think it fair to attach criminal responsibility in that way. We intend the duties to apply widely. For example, we plan to extend the duty of candour and assistance to NHS investigations. It would not be reasonable or realistic to expect the chief executive of an NHS trust to be across every single detail of every response in any investigation into an incident at that trust. Instead, we would expect them to have systems in place to ensure that the authority is complying, which is precisely what the Bill requires them to do.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  I am happy to confirm that they will be. They are not currently, but the Government are tabling an amendment to cover that point, and we will come to it later in Committee. Should that amendment be made, the Bill will cover those local authority investigations. The Cabinet Office is undertaking further work to look at how we reform inquiries. As part of that, we will consider how the different types of inquiries, reviews and investigations could be more clearly defined, and when and how they could best be used. That will inform how the duty is used. The duty of candour and assistance is a powerful tool to ensure co-operation with investigations, but it would not be useful in all circumstances. Most reviews focus on matters of policy or technical issues— for example, the curriculum and assessment review, the net zero review and the review of the future of women’s football. In those cases, applying the duty would be unnecessary and might risk making reviews more difficult to establish and slower to report. Where the duty is applied, it must be properly monitored and enforced, and therefore frameworks for compliance and the protection of information need to be in place. We must avoid unintentionally impeding or delaying certain types of investigations by introducing unnecessary and unhelpful processes and bureaucracy. We therefore think the Bill strikes the right balance in which investigations it applies to, with the power in the Bill providing us with the tools and flexibility we need to extend the duty where it could be useful. I have spoken to my hon. Friend the Member for Bolton South and Walkden about how we move forward with her campaign. She has been an incredible and ferocious campaigner for the Primodos families for many years. I have met her and the Primodos families, and I am committed to working with her on a way forward to ensure that the duty of candour can assist. Amendment 3 is designed to apply the duty of candour and assistance to inquiries that the Secretary of State has designated as local inquiries into grooming gangs. I thank the shadow Minister for raising this important issue. As he will be aware, we are moving at pace to establish a national inquiry into grooming gangs under the Inquiries Act 2005. It will be overseen by an independent commission with statutory powers to compel evidence and testimony so that institutions can be held to account for current and historic failures. The inquiry will be independent of Government and designed to command the confidence of victims and survivors and the wider public. The Bill already applies the duty to statutory and non-statutory inquiries called by Ministers, including this new inquiry. To strengthen the Bill, we have also tabled an amendment extending the duty to inquiries called by local authorities, and we will debate that shortly. That amendment, combined with the existing provisions in the Bill, will enable the duty to apply to either local or national inquiries into grooming gangs. I therefore urge the shadow Minister to withdraw his amendment.

• 2 Dec 2025 · Public Office (Accountability) Bill (Third sitting) · Hansard source

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  Clause 3 works alongside clause 2 in making some more detailed provisions about the operation of the duty of candour and assistance at inquiries and investigations to ensure that they are practical, effective and proportionate. Clause 3(2) provides important flexibility for inquiries and investigations to alter or disapply the requirement for public officials and authorities to notify the inquiry or investigation if they have reason to believe they are relevant. There may be situations where the requirement would be impractical or unhelpful for the inquiry itself. Clearly, it would have been impractical for every single NHS worker involved in the response to the pandemic to notify the covid-19 inquiry of their possible relevance, or an inquiry may wish to hear from those relevant to different subjects at different times and in different stages. Clause 3(3) reinforces clause 2 by requiring public officials and authorities to notify inquiries and investigations of their potential relevance as soon as is reasonably practicable. Subsections (4), (5), and (6) attach some procedure to the duty to make it practical, which schedule 1 builds on. Inquiries and investigations will specify the assistance they require and what are called compliance directions in schedule 1. These give control to the inquiry or investigation to set out the assistance they actually require, and provide important clarity for those under the duty, so they know exactly what is expected of them. Clause 2 sets an expectation that public authorities will provide a position statement at inquiries. Such statements, made early on in proceedings can help inquiries to identify the key issues to investigate and to home in on the points of contention. In most cases, we expect these to be useful, but subsections (5) and (6) give inquiries the discretion to disapply that requirement if it would be contrary to the efficiency and effectiveness of the inquiry.