Ian Byrne MP: speeches 2025
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Speeches
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I thank the Minister for her explanations. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Schedule 2 agreed to. Clause 10 ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. —(Jade Botterill.)
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I am filled with confidence by the Minister’s response on whistleblowers. I know that she will be taking this seriously, because it goes to the heart of changing the culture of organisations that have failed us time and time again. This whistleblowers element is extremely important. I am happy to hear that Minister is up for engaging with us across the Benches to strengthen these provisions, which is desperately needed. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn .
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I thank my right hon. Friend for outlining that beautifully. It goes to the heart of where we are now. As I said, we are watching a live example of why this matter is so fundamental to the Bill, and how effective it will be. I urge the Minister to listen to those concerns and work with us.
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I think the Minister can hear the concern from Members on both sides of the Committee that this will not be as effective if there is no individual responsibility, and if those who have done wrong can hide behind the corporate wall and ride off into the sunset with their full pensions, with no accountability or justice. Once the Minister listens to the evidence, and certainly the response of the families today, hopefully we can reflect on whether we feel this is a loophole that could be utilised by those who are responsible. It is our responsibility in this place to shut that down. I hope the Minister will listen to and reflect on what we have said today, and meet me after this sitting.
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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What we are talking about is culture change. Interestingly, in last Thursday’s evidence session, culture change was mentioned 69 times. When talking about standards of ethical conduct, I think it is extremely important. That is why I have tabled these amendments, and I hope the Minister considers them. Turning to amendment 46, the Bill currently states that public authorities “must promote and take steps to maintain high standards”. That wording permits minimal or symbolic compliance, which is exactly what the Bill sets out not to do. Clause 2(5) sets out that a public official must take “all reasonable steps” to secure public authority compliance with the duty of candour and assistance. The same “all reasonable steps” should bind public authorities to the duty of candour in chapter 2—not “promote and take steps”. All reasonable steps is a standard with which employers and employment tribunals are familiar. Section 109 of the Equality Act 2010 sets out an employer’s duty to take “all reasonable steps” to prevent discrimination. Those reasonable steps include training for new workers, annual performance reviews, opportunity for discussion on equality and discrimination, clear messaging on posters and regular mandatory equality training for all workers. The Minister touched before on how we change culture and standards through training. A comparison with the Equality Act 2010 is not only legally relevant; it is a source of evidence about how the law can achieve cultural change through the “all reasonable steps” standard. The Equality Act secured cultural change in matters of equality and anti-discrimination; the Hillsborough law we are debating today seeks cultural change in matters of ethics and candour. The “all reasonable steps” standard is appropriate and improves legal clarity, and I believe it is needed, so I hope that the Minister considers the amendment.
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I beg to move amendment 50, in clause 9, page 8, line 15, leave out subsection and insert— “(b) the making by any person of disclosures which are protected disclosures in terms of section 43B of the Employment Rights Act 1996 or which would be such disclosures had they been made by a worker or employee, including information about any policies the authority has adopted in relation to the making of such disclosures; (ba) the affording of enhanced protection to any persons making disclosures under paragraphs (a) or (b), including policies ensuring that those persons are not subjected to bullying, harassment or any other form of detriment in relation to the making of such disclosure;”.
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I go back to the change of culture we have been talking about. Thankfully, the Minister has touched on the idea of a listening exercise regarding strengthening the laws around whistleblowing, but it was clear from the evidence we heard last week that there is real concern that the existing measures to protect whistleblowers are insufficient to remove the fear of reprisal, and that they do not adequately protect persons who make protected disclosures. This is fundamental to what we are attempting to do. The protection of whistleblowers is a hugely important issue that many Members from all parties are fearful about. Amendment 50 is intended to strengthen the protections, and I hope the Minister accepts it and considers it in the round with what she said about listening and hoping to strengthen the protections once we have had the relevant discussions.
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I beg to move amendment 55, in schedule 2, page 41, line 32, leave out “or by the holder of a particular office”.
- 2 Dec 2025 · Public Office (Accountability) Bill (Fourth sitting) · Hansard source
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I beg to move amendment 46, in clause 9, page 7, line 22, after “must” insert— “take all reasonable steps to”.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q We are here today for the journey of legislation to stop the culture of state cover-ups in this country. Certainly at the heart of the state cover-up of Hillsborough was the media and the role it played. There was a hugely powerful headline in The Sun by the dreaded Kelvin Mackenzie—“The Truth”—which resonated around the world, shaped the narrative and did so much damage to our ability to get truth, justice and accountability. I have a simple question for Nathan and Jacqui: are there any areas you would both like the Bill to go further with, and if so, where? Nathan Sparkes : As you point out, there was a phenomenon of police officers briefing The Sun newspaper after the Hillsborough disaster, which was a huge part of the cover-up. Police officers were not the only public officials involved in that; the local MP was, and there is a disputed allegation that a representative of the Thatcher Government was as well. There was a huge amount of public official impropriety in that media cover-up operation. Unfortunately, that is not the only case; after Orgreave, similarly, there was a cover-up perpetrated between public officials and the media. The history of the phone hacking scandal is a 15 to 20-year series of occasions where overwhelming evidence of criminal activity being carried out on behalf of News UK was presented to the Metropolitan police force, and every time it failed to properly investigate until it absolutely had to. That was during a period where a succession of Metropolitan Commissioners enjoyed excessively close relationships with News UK; it included a time where even an editor for News UK was hired by the Met, and there were records of eight dinners between heads of the Met and News UK editors over that period. In more recent years, there are allegations that police fed information about the victims of the Manchester bombing to the media. Christine Flack, the mother of the late television presenter Caroline Flack, believes that police were briefing the media in relation to her case. Mazher Mahmood was a News UK reporter, and there is an allegation in a recently published book that the Met protected him from prosecution and exposure during the noughties on account of the closeness of that relationship. I could give many more examples—I will not sit down and list them all—but the point is that there is a specific and persistent issue with corrupt relationships between public officials and the media. Our concern about this Bill is that it does not have anything substantive to address that. The long title of the Bill is very clear; it will “require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority”. Our submission your Committee is that the Bill cannot achieve that unless it also addresses the specific phenomenon of corrupt relationships. Our proposal is that the best way of dealing of that is with a public inquiry.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q I sat in an inquest open day, and we touched on the Lampard statutory public inquiry into the deaths of mental health patients in Essex. That started off as an independent review, but due to the lack of candour and co-operation of staff and senior management, it had to be converted to a statutory inquiry to compel evidence and witnesses. How are we going to use what we are talking about today to enhance the ability to change that culture? How is the NHS going to do that? We do not want a repeat of that. Professor Fowler: I think what is written into this Bill is to try to encourage exactly that with non-statutory inquiries: to bring them up to the same level as a statutory inquiry, to some degree. There is a great deal of detail around the Lampard inquiry—it has grown to a very large extent, and the amount of information required is quite large for that particular organisation—but I could not comment in particular on why individuals did not want to step forward in that circumstance.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Should they be under a duty of candour, with criminal sanctions?
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q Lord Evans, would you accept that the Bill requires no additional disclosure beyond what is already required, and that it is actually about whether the information supplied is true? Therefore, it poses no extra risk to national security; it is just about the truth of the information that is supplied. Lord Evans of Weardale: I do not think the Bill, as presented, poses a threat to national security. May I say one thing about chapter 2?
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q That goes to the heart of the Bill. What you have just outlined is exactly why we need that enforced duty of candour. Obviously, that is not just about an individual; you are talking about a culture that needs changing. Daniel De Simone: Yes. We had corporate witnesses, senior officers and the third in command of MI5, and we had Ken McCallum himself saying they were going to get to the bottom of what happened, but they did not get to the bottom of what happened, and the evidence they presented to the court did not reflect the closed material. When the judge made them hand over the closed material, the judge was very unhappy and made it obvious that they had not given a full and honest account. We now have the investigation that is going to look at whether they lied, as we have said, and whether there should therefore be contempt of court processes. That investigation is happening at the moment.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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The duty of candour applies to the organisation, not to the individual—in other words, the chief executive. Do you feel that is where it loses its power and does not permeate through the organisation? Dr Chopra: I described an incident where an individual said, “Well, if the organisational duty of candour is not triggered, I have my professional duty of candour as a mechanism to raise concerns.” Building on that, I agree that it is probably important to locate the duty with an individual as well as an organisation. We have it for professionals and, although many chief executives come from health backgrounds, I think it would be helpful for managers to have that duty on them, which is one of the things the Bill supports.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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I won’t mention the football, Steve. Andy Burnham: Please do. Let’s use our last six minutes on it.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q As you have outlined, and as has been said lots today, this is the legacy: this is what we have all been fighting for, and what you have fought for, for a long time. Andy, you alluded to what you feel needs to be in the legislation, but I want you and Steve—you touched on it being 80%—to put on record your support for the amendments and what you feel needs to happen for this to be the legacy that you envisaged a decade ago, given all the fighting to get to where we are today. It is important that we have on the record, from the pair of you, what you expect to be in the legislation. Steve Rotheram: First, I talked before about the responsibility sitting with you. There cannot be any diminution of the substance of what is already going through the system, but you can use this Committee phase to ensure that we tighten up some of the things that we were unable to get during the negotiations, which ensured that we at least had a Bill to put before Parliament. That is the first thing. The second thing is that we need to ensure that the main planks—the ones that Andy was talking about before—remain at the forefront of everything that we do. It is about those protections. As you said, this is of course the legacy for the 97. All the families I have spoken with are absolutely delighted at the way in which the parliamentary process has gone so far. Pete Weatherby has done a brilliant job for us. If you listen to anybody, you need to listen to people like Pete Weatherby, and others, who have been on this from day one. They know all the caveats that need to be included so that we do not have wriggle room for occasions in the future when tragedies might occur and people try to get away with it. Ian, you talked about this earlier. I would love the Bill to be able to ban things like The Sun , following its unconscionable and scurrilous lie, which within days of the tragedy set the false narrative. I know that Leveson 2 is not part of the scope of this Committee, but we need to clamp down on those things and stop them happening in the first place. The untold damage that things like that have done to reputations and to people—the falsehoods are still believed by some people 36 years later—is unfathomable to me. Andy Burnham: I endorse what Steve just said and the evidence given to you earlier by Nathan Sparkes. Leveson 2 is part of the Hillsborough story, and we believe that it is needed to have the full story. There is one area that I have not touched on today, but which we need to talk about: the exemption for the security services that we are told is, in effect, in place. That was not the case with my 2017 Bill. That is relevant to us here in Manchester: a false narrative was given by the security services, by MI5, to the Manchester Arena inquiry, and it was subsequently exposed only by the evidence of individual officers. This is not about material going into the public domain that should not. Obviously, there is a proper exemption for some things going into the public domain, but where things do go into the public domain, they should be accurate and truthful. We have seen the BBC being given false information by the same organisation, so I do not see that the security services can be exempt. In some of the issues in this country that still need further work—the Shrewsbury 24 would be one example—there was definitely the involvement of the security services, domestically, against people. Are we saying that that should be exempt and should not be part of this? What about Orgreave? I do not know the full extent of their involvement there, but certainly the forthcoming Orgreave inquiry should not have that cut off in any way, shape or form. That is something that needs to be addressed in a proper way. No one is calling for things to be put into the public domain that should not, or that would compromise the country or our safety in any way. However, where things are being said, they have to be truthful. I do not think the Security Service gets an opt-out on that, as they seem to think they should have. That would be my final statement. As I think Steve was indicating, can I thank the Committee? You seem to us to be doing exactly the job we would hope you would do. We congratulate the Government on introducing this legislation in the current state it is in; it is obviously substantially meeting the tests of my Bill, as I have said. But let us not leave loopholes, grey areas or overly high hurdles that can be exploited—that has damaged public trust in the authorities of this country. This Bill should leave no doubt whatsoever about what should be expected in the future and should back people, from the off, to get truth, justice and accountability.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q Dr Chopra, you have talked a lot about cultural change and how we effect that. Do you agree that the ineffectiveness of the duty of candour in the NHS is due to the fact that it applies to the organisation and not the command? Dr Chopra: Can you say a little more?
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q It is good to hear evidence from both of you, Chris and Richard, and I echo that the legal aid element of the Bill is great news. I am a bit concerned about some of the mood music around scaling up for the parity of arms, because that was needed yesterday. From the evidence we have heard and our experiences, we know that is so important. It is such a crucial part of what we are trying to achieve here on accountability and justice for victims. In a world where the Bill is passed into legislation in May, what would the timescale be for scaling up so we have parity of arms at inquests? What would be the timescale, and what would you need? I would like that on record. Richard Miller: First, we need to get the structure for the legal aid administration resolved, and we need to have discussions with the Ministry and the Legal Aid Agency about what training is required, what can be provided and how quickly it can be developed. It might potentially be helpful if a plan could be published that sets out, “This is the plan for meeting the capacity requirements here”, and on which we and the Government and perhaps the Legal Aid Agency could all say, “Yep, we agree that is the route forward. That is the road map. Those are the milestones and timelines that we think we will need for it.” I do not think we are in a position today to be able to say, “Yep, this is the time that is required”, but I do not think it would take too much work to develop a plan that would help us understand what would be required and how quickly we could get there. Chris Minnoch: I have some minor points to add. We will need an amendment to the Bill to fix those structural issues. The Bill, as currently drafted, is based on the existing funding model, which does not support sustainability and creates unnecessary complexity in the system. The way in which the funding mechanism works does not enable it to be completed in the same way as other areas of civil legal aid. The earlier those amendments are made and the Bill receives Royal Assent, the earlier current practitioners can make a conscious business decision to say, “Yes, this is an area in which we can take on more staff and start training them up, or divert resources from other areas into inquest work.” One of our concerns is that this might mean that lawyers take on a higher proportion of inquest cases than they currently do, and one of the things I would like to see the Ministry of Justice actively thinking about is how you put mechanisms in place that support lawyers to do such complex and potentially harrowing cases. I think that is partly an issue for the Ministry of Justice, and partly an issue for the legal sector. The legal aid sector is not particularly good at looking after itself, given the nature of the cases it does. That is as much about having an adequate fee scheme and having the right levels of training and supervision in place to do that.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q Thanks, Daniel—it has been a fascinating evidence session so far. You have a lot of personal experience with MI5 over the last couple of years. Do you genuinely believe that the provisions of the Bill, as drafted, will drive the cultural change that we feel we need? Daniel De Simone: For MI5? No, I do not think so. Look at what the head of MI5, Sir Ken McCallum, has said. He said in a speech last month that there are particular responsibilities on MI5 as a secret agency to comply with oversight and be as transparent as it can with these sorts of things. He was talking with reference particularly to the fact that MI5 was found to have given false evidence in our case. So strong words are clearly being said. The trouble we have in our case is that when we showed that there was false evidence, and they accepted that, the third in command of MI5—the director general, strategy—then came along and gave an account to the court that the court, the Lady Chief Justice, the president of the King’s bench division and the head of the administrative court now say was not an accurate reflection of the closed material. That happened after they said they were going to be very transparent with the court. They really had to be dragged to the point they are now in, where there is an investigation that the court—the High Court and the Investigatory Powers Tribunal—required. That is being carried out under the auspices of the Investigatory Powers Commissioner. His organisation was also misled. In our case, every kind of judicial body charged with holding MI5 to account, or its regulator, has been given false evidence. That is an issue, and it calls into question issues around a duty of candour. Lord Evans said in his evidence earlier that there is already a duty of candour responsibility on MI5 and the Government in the courts, and that is true. In our case, they have admitted that they did not meet that test. It is there; the issue is that it is not always being complied with. As I understand it, the point of the Bill is to strengthen that duty and enforce it. That seems to be why it is there.
- 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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Q Thank you, Lord Evans, for your support of a Hillsborough law. We heard clear evidence this morning about the Manchester Arena bombing, and we are going to hear later on from a BBC reporter that the Security Service is not immune from the problems that the Bill has been created to address. My question is, if the Security Service has to go before an inquiry, why should they be treated any differently from a police officer? Surely, it should be the actual agent who answers the questions, and not the corporate body. We saw clear differences in Manchester, where many agents were summoned to give evidence, from what the corporate body was saying. As you outlined, we have to remember what this is about: it is about getting to the truth to give justice and accountability. My fear, as things stand, is that that will not happen with the security services. Lord Evans of Weardale: I understand why you have that concern. As is often the case in these difficult cases, we have two competing public goods. As a country, we benefit from having an intelligence community that can keep us safe; we need to protect that and ensure, therefore, that the agency is not hampered in doing its job. In my previous answer, I tried to explain why I would have, and continue to have, concerns about that being done on a bilateral, immediate basis, without the agency itself being aware of the disclosure. That could be one model, but I do not think it is the right way to do it. Of the three agencies, I am most familiar with MI5. How accountability works there is that individual agents, as you put it—officers, we would say—do give evidence. If you look at the courts, even though not all the material can be presented in open court, closed material procedures are in place in the courts.
- 27 Nov 2025 · Public Office (Accountability) Bill (First sitting) · Hansard source
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With the strengthening amendments. Pete Weatherby: Yes. There is no silver bullet or absolute answer, because if people choose to lie, they choose to lie. What we are doing here is putting in so many deterrents—we are not interested in locking people up; we are interested in deterring them in the first place. The answer to the second question, building on the answer I gave Maria Eagle, is that the Bill goes a long way to solving the problem, but the amendments would make it much better. On the question of international partners, let me deal with it this way. If the head of the French secret service were sitting in Paris, reading the BBC reports of the Daniel De Simone case, in which it is clear from the High Court that the security services misled two different constitutions of the High Court and the Investigatory Powers Tribunal, or reading the account of what happened with the misleading of the Manchester Arena inquiry, would they think, “Well, it’s good that the British secret services are doing that,” or would they think, “Next time we have a dealing with them, can we believe what they say?” The more candid that we can make this, the better the relationship with international partners. There is no threat here; that is a completely false road to go down.
- 27 Nov 2025 · Public Office (Accountability) Bill (First sitting) · Hansard source
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Q If they are not added, will the Bill be poorer for it? Will you have confidence in the Bill without them? Charlotte Hennessy: I think they are needed; they make the Bill stronger, and anything that makes the Bill stronger is imperative. Steve Kelly: We touched on it before—sorry, I am not sure who it was—but there should be more sanctions on the press. Without the press reports, the Hillsborough story would not have been as disastrous for us and would have not taken so long to come to a conclusion.
- 27 Nov 2025 · Public Office (Accountability) Bill (First sitting) · Hansard source
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Q It is good to speak to you, Peter. I have a couple of quick points after what we listened to last week when we went to visit the security services; this was raised, and I would like your opinion on it. First, will anything in the Bill compromise the UK’s intelligence sharing with its partners? Secondly—we have come a long way to get here today, and I just want a definitive answer to a blunt question, because we really only have one shot at this—in its present format, would the Bill prevent a Hillsborough-style cover-up? I know that you just alluded to this with Maria, but I want a definitive answer on the record. Pete Weatherby: I think that if the amendments that we are putting forward were made, it would be almost impossible for a Hillsborough-style cover-up to follow.
- 27 Nov 2025 · Public Office (Accountability) Bill (First sitting) · Hansard source
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Q Thanks to the four of you for what you have done, and for what you put yourselves through all the time to get here. You know as well as I do that this is the legacy, isn’t it? This is our opportunity to create something that, as Margaret so eloquently said, is for future generations. Is there anything in the Bill that needs strengthening? This is our opportunity to do it. Is there anything missing from the Bill that you feel needs to be added in an amendment to give you the comfort that this is the true legacy for all your loss? Charlotte Hennessy: We fully endorse all the amendments that Peter has already submitted.
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