Kieran Mullan MP: speeches

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Speeches

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Sorry—the point was more that an individual officer might know about a certain set of circumstances, but they will not know all the circumstances, and they will have only a limited perspective because of the need-to-know principles that they operate on. Daniel De Simone: There are ways of dealing with that. You could say the same with a police investigation. The police officer might not have the full picture. The point is about whether there is going to be duty of candour responsibility on people generally within the organisation. Is there going to be a command responsibility generally on the director general? I think that is a separate point, because there is a way of dealing with that.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q You can give a very short answer to this question, Mayor Burnham. Given the experience that you had with your inquiries into grooming gangs, do you agree that the five local grooming gangs inquiries should have a duty of candour applied to them—which is why I have tabled amendment 3 to the Bill? Andy Burnham: There is no question about it, those inquiries need to have trust at a local level. I will be open in saying that the failure of some people to co-operate with the inquiries that I initiated to some degree undermines the inquiry reports. I do not think it invalidates them, by any means, because they were hard-hitting reports, but it is right to deal with these things as soon as possible. The Hillsborough story is about not letting things be unresolved for years and not leaving people fighting for years. Deal with them as up front as you can, and as strongly as you can, at the first time of asking. Obviously, if that principle applies to local inquiries and inquiries commissioned by combined authorities, we are more likely to get to the truth more quickly.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    It would be; thank you.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q We also heard in evidence that court judges in other settings make decisions about appropriate costs and so on. With some training and support, could coroners be asked to fulfil a similar role in inquests? Judge Durran: My anxiety is that you are creating an additional level of work that takes coroners away from being in court and dealing with inquests. The covid-19 pandemic increased the backlog in coroner’s courts, as it did in other courts. There are considerable backlogs; the weeks to inquest have increased from pre-pandemic levels, and cases over 12 months—a number of areas are struggling with very high numbers. If you then inject a further level of work for coroners, you will take them away from what they need to be doing: being in court, hearing inquests and giving families closure.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q 42 I am the shadow Minister. Thank you for coming along to assist us with our proceedings. I have a question for you, Deborah, on the work of INQUEST. Will you illustrate the practical effect at inquests of public bodies usually being heavily legally represented, while affected families do not necessarily have any legal representation? Deborah Coles: Thank you for the question. It has been a long-standing campaign of ours to try and sort out what we perceive is a real inequality of arms. The best way to describe it is that it is a traumatic and distressing process to go through an inquest into the death of your loved one in any event, but to try and navigate those processes without your own individual legal representation, and even be expected to ask questions yourself or rely on the coroner to do so on your behalf, is not only extremely unfair but I think perpetuates the sense that the system is not working to get to the truth and to deliver the answers that you want as a bereaved person about how your loved one died. I can think of so many examples since INQUEST was set up where families still today talk about the retraumatising nature of the inquest process. What legal representation can do as well is enhance the really important preventive function that an inquest can play in safeguarding lives in the future, but that is only where you have a family with the benefit of a lawyer to explore the areas of concern. In our experience, too often the default of state and corporate lawyers is to try and defend their reputations, to try and narrow the scope of the inquest process, and try and prevent consideration of the very serious issues that need exploring, particularly when we are talking here about how our work is predominantly around state-related deaths, where the state had a duty of care towards somebody. In our experience, it is only through legal representation and where families feel that they can play a meaningful and effective part in the process that the truth can come out.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q I hope we can have a sensible discussion about the fact that, while a lot of what we have heard has been about good faith whistleblowers, people raising legitimate concerns that go on to be proved to be accurate, there are also people who operate in that space who fit other categories. There are good faith whistleblowers who are incorrect, and there are bad faith whistleblowers—people who have issues in their own performance, feel under pressure and use those kinds of powers inappropriately. How do we guard against that and ensure that anything we do to support the right actors does not support the wrong people? Flora Page: An office that was used to these problems would quite easily and quickly winnow out the people who were using it as a front. Often it is as simple as the chronology: if a whistleblower has been trundling along just fine in their job, and then they speak up and suffer detriment, that often means they are a genuine whistleblower. If it turns out that there has been all sorts of back and forth about personal grievance issues first, and then they start blowing the whistle, that is a different matter. Often it is as simple as that. People who are used to these matters—at WhistleblowersUK, there is a great deal of triaging of the inquiries that come in—can quite quickly tell who is a genuine whistleblower.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q I have questions for Ms Page from WhistleblowersUK. We have had a lot of discussion today about whistleblowers in relation to other incidents. What are your reflections on the Bill, and what impact do you think it will make for people within organisations who think that there is wrongdoing, but do not necessarily feel able to share that with other people? Flora Page: Let me answer that partly with reference to your earlier question; I have also been involved in the Post Office case, and it seems to me that there are some difficulties about whether the Bill would have applied, because it is not clear that the people to whom one would wish the duty of candour to attach would necessarily be public officials. I think there are also difficulties about whether Ron’s investigation would have qualified as an inquiry or investigation—so there are a number of difficulties. That takes me back to whistleblowers and your second question. The whistleblower provisions that we have in law at the moment are wholly inadequate, and the reason is that they put the onus on the whistleblower to enforce their rights as if they were employment rights, through the Employment Tribunal. That is entirely wrong-headed: when you speak up, it is not an employment issue; it is a public interest issue. When you are a whistleblower and it falls to you to protest any detriment that you might be suffering, it is treated as if it were a personal grievance matter—as it often is in the Employment Tribunal—rather than being taken out of the whistleblower’s hands and put into the hands of somebody who is there to look out for the public interest. I can speak from very direct personal experience representing whistleblowers in the Employment Tribunal. It is an incredibly hostile environment for them. If they go all the way to a hearing, they are having to speak up again, often the people they have spoken up about are right behind them, and they have no protection. It is an unreasonable demand for people to have to put their families and their future employment in jeopardy and to be that brave. Some of the people whom I have acted for have been that brave, but that story is not a good story to tell; people do not want to be in that position. You cannot go out and say, “This is super. Let’s celebrate being a whistleblower,” because nobody wants to have to put themselves in that position—at their own expense, if they have sought legal representation. What we need is a much nimbler inquiry or person who is responsible for stepping in if the employer is not dealing with the whistleblower properly, so that it is taken out of the whistleblower’s hands and becomes a public interest matter. At WhistleblowersUK, there is a lot of talk about an office for the whistleblower, because that would be something that took it out of the whistleblower’s hands and took it out of the employment context.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q You are obviously not here as a legal expert, and we would not hold you to that standard, but do you have some observations on how you think, from your own experience, the Bill as currently constituted will work well and how it might not? Daniel De Simone: There has been evidence earlier today from other witnesses. MI5, as things stand—as I understand it—would not be subject to the same level of responsibilities as other organisations. They would be like a corporate responsibility organisation, not with full command responsibility for the director general. The cases we have heard about—my case, which is still ongoing, and the Manchester Arena—show that there have been very recent examples where there has been a significant failure of a duty of candour. That raises a question about whether MI5 can be relied on to give honest and accurate evidence. With the Manchester Arena example, they gave a false picture, an inaccurate picture, about the key intelligence that was received before the bombing. In my case, they gave false evidence to three different courts. When that was accepted by them—with some reluctance, I must add—they then said they were going to investigate it and also appointed an external investigator. Those reports were inadequate. That is not my view but that of the Lady Chief Justice of England and Wales and other senior judges, and the Prime Minister has ordered a new investigation. Even after they accepted it, they still then came to the High Court and gave an inaccurate picture. They gave evidence to the court that was open, and then when they were forced to hand over the closed material, it did not reflect the reality, and the judges said that to them. That is why I think the duty of candour really does apply very importantly to MI5. If it has an exemption and is not treated the same as other organisations, that is a bit of an issue. We have very recent, current examples of where they are not being candid with courts.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q But do you accept that, if you do that, a whole series of people will say that WhistleblowersUK, or a whistleblowers office, was not listening to them, not sufficiently representing them and covering up the things they were alleging? Flora Page: You could easily. I suppose one would seek to front-load the issues. I am not against the provisions of the Bill at all, but what the Bill deals with is after the event: some terrible thing has happened, a large inquiry has been set up and we are having to unpick the fact that people have not told the truth in real time. With something that protected and supported whistleblowers up front, one would hope to be able to bring the problem forward, and have much nimbler and cheaper investigations arising out of whistleblower complaints. If there were disgruntled people moaning and saying their concerns had not been looked into, let them trundle along and see whether, 10 years down the line, it turns into a big public inquiry; nine times out of 10—or probably 99 times out of 100—it is not going to. My view is that we spend too much money on these public inquiries. We need to find a way to front-load the problem and support people when they first start speaking up, so they feel able to put those problems, first, into the employer domain and then, if necessary, into the public domain.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q I am the shadow Minister. Earlier, we heard clear evidence from families and from an organisation representing families, Inquest, about the imbalance in legal representation at inquests and the challenge that creates for families. One of the points made was about what might be described as an over-representation of public bodies. From the perspective of legal practitioners who do some of that representing, can you articulate why public bodies and their employees who might be subject to criticism at an inquest might still seek and want legal representation at inquests? Chris Minnoch: That one is squarely for Richard, I am afraid. Richard Miller: In the past, families at inquests have been either unrepresented or represented by someone on legal aid or by pro bono services, perhaps against public bodies that have very little in the way of limits on the legal representation that they can provide. One of the aims of the Bill that we very much support is that there should be much more parity of arms. Now, parity does not necessarily mean absolutely equal representation on the two sides. It does not necessarily mean that, just because the public body has a King’s counsel representing them, the family must also have a King’s counsel. I do, however, think there is a question about whether, if there is a significant discrepancy, that indicates that the public body may not in fact be complying with its duty of candour. In terms of the rights of individuals within the public bodies, if an individual has their own separate interest, they may need to be separately represented from the public body itself, but it is very important that we separate out where the public body has liability from where any individuals have liability. Generally speaking, in terms of what may follow by way of civil proceedings, it would be the body and not the individuals facing those consequences. It is the role of the public body that is most significant here, and we need to ensure that there is balance with the bereaved families.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Professor Fowler, does NHS England do anything to fulfil that function—look at all the reports in aggregate and summarise and share them? Professor Fowler: We certainly look at all the reports that are sent to us in a themed way, and look at the themes from that. In fact, I met the chief coroner this week, and we have regular discussions. You will know we have the medical examiner system now, and there is more we can do tie in the different processes and make sure that we learn from them. We look at what organisations report in quality accounts. We have prevention of future deaths reports and the “Learn from patient safety events” database, in which about 0.5% of the 3 million incidents are related to death. We bring the learning from those things together in a themed way with other data to ask, “What can we learn from all this together?” For example, medical examiners may require people to do a structured judgment review. We make sure that if that is requested, it is carried out, the learning is taken from it, actions are followed up and the cycle is completed, if you like.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q I am the shadow Minister. It may well be that others asked for you to be here, but I asked in particular because the NHS already has experience with the legal duty of candour, so it is important to understand what you have learned from its operation. Even though you have had a legal duty of candour in the NHS for quite some time, I do not think any of you would claim that has meant the NHS has been candid with people in every single circumstance in which we would want it to be. If you accept that premise—you may not agree—why do you think it has not done what it needed to do for everybody? Do you think the Bill will make a difference? Let us go down the line, starting with Dr Chopra.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    We get to question the Minister at the end of the process, so that is a helpful thing for you to have given to us to think about.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q As MI5 will not be here to give evidence, it is important to articulate the points they made to us for you to hear. Their account was that there is a difference between one part of the organisation not knowing what another part of the organisation knows, and a deliberate attempt to keep something from a coroner or inquiry. What do you say to that? Daniel De Simone: When we have got into a process like the Manchester Arena case, there is a way that that can be dealt with. There is a coroner and a chairman of the public inquiry, and they can deal with that. The point they are talking about there appears to be more about whistleblowing, and if someone feels something is wrong and they need to raise it—

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Hello, Chief Constable Guildford, I am the shadow Justice Minister. Obviously police officers are already under considerable obligations in terms of their conduct. What gaps do you think this Bill might help to close to ensure that police officers conduct themselves appropriately in their roles? Chief Constable Guildford: In terms of the broad structure around misconduct, we have the standards of professional behaviour, but when it comes to addressing the gaps, I think the criminal allegation side of things—particularly the misconduct in public office aspect—has had a number of reviews by the Law Commission over a long period, I think starting around 2015 or something like that, and various reports. In the three main offences before the Committee this afternoon, I think we have some clear directions from lawmakers that send a very clear message to all public servants, but particularly police officers, about the consequences of their decision making. I think this complements a lot of the cultural change that has obviously occurred since the formulation of this Bill, which has been on the back of the Hillsborough disaster. If you think about how long ago that was and how far the police service has come since then, some of these elements before us really do help to embed and underline the fact that lawmakers have been very definite in their expectations of police officers. We have an internal code of conduct, which we hold officers to account for, but in terms of the more strategic gaps and the will of Parliament, this is very declaratory, in my opinion.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q How do we ensure that the right people are caught by these offences? I am aware that you can have a culture in an organisation where senior leadership can create an expectation of how people behave without necessarily ever putting anything in writing or having any kind of audit trail for that, while the individual officer who then acts on that—after being encouraged to say or do the wrong thing—is held to account more directly than the actual senior leadership. From your experience, how do we ensure that this Bill addresses the entire chain of accountability, rather than just perhaps the people on the sharp edge of it? Chief Constable Guildford: I understand. Its applicability is ubiquitous to every individual who works for the police service, and I think there are some clauses in the Bill that capture contractors as well, because, like many other public offices, we use contractors around healthcare, safer custody contracts, sessional workers and so on, so it captures those too. I think the nub of your question really relates to what we already have internally in the police service. We have a codified code of ethics, which is applicable to everybody who works in the police service, from volunteers all the way through to chief constables—the code of conduct, which I referred to earlier, is applicable to all police officers, including special constables. Our code of practice for ethical policing, which is a more recent development, that also includes reference to what I would describe as a duty to co-operate as a witness. So, we have already made some of those strides, but this legislation absolutely endorses that trajectory. To answer the question about things from the top to the bottom, the decisions of the top are certainly scrutinised, and scrutinised very closely. In my professional opinion, the legislation as drafted, together with the existing measures in the code of ethics and the code of conduct, endorses a top-to-bottom approach, as well as a bottom-to-top approach, as you have alluded to.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Do we take it from that that you think most organisations do attempt to behave appropriately and admit it when they have done the wrong thing? Ron Warmington: I do not deal with most organisations, but the Post Office was exceptionally bad in its behaviour. I think it originally intended to work with my company to seek the truth; there were individuals who clearly wanted to do that, but preservation of the brand and short-termism—there was the misconception that pretending that the organisation never makes any mistakes at all was going to be good for the corporation in the long term. It is complete nonsense, but that was the philosophy that had spread throughout the organisation. I am 76 years old; I was raised in an era when my word was my bond and you did not need to have everything in writing. Corporate behaviour—unless I am misguided —was much better then. I hate the way the corporate world has gone, so I guess I was not that surprised at what we found in the Post Office.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q In your experience of organisations that have delivered what you might call a duty of candour without this legal sanction, either successfully or unsuccessfully, what are the key culture changes we need to ensure that organisations deliver? Lord Evans of Weardale: Your use of the word culture strikes me as being very important. We all know that you can have loads and loads of rules, but if you have a culture that says, “Actually, we don’t really mind about that,” they will not necessarily work. Therefore, ensuring that an organisation is actually educated in its ethical responsibilities seems to me to be critical. I know from the time that I was in the Security Service that quite a lot of work was done on this, and I believe that the same now applies in the other intelligence agencies. Any intelligence service has the potential to abuse the powers entrusted to it by Parliament or Government, and it is very important that there are constraints on that; part of that is people understanding their ethical responsibilities and the fact that there are really effective speak-up channels, so that, if somebody has a concern, it can be voiced safely and people feel they have permission to raise concerns.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Some people say there is and some people say there is not; I guess it is for us to try to work that out. Thank you for your assistance.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Would you say, therefore, that the amendments that they have put forward are the ones that you think are necessary for the Bill to reach what you have described as an 100% threshold? Andy Burnham: We certainly support all those amendments. I do not need to go through them—you know what they are—but I would like to speak about two of them. The first is a Government amendment, I think, which may have come forward to the Committee already, on inquiries and the inquiries that are to be covered by the Bill. As Mayor of Greater Manchester, I have convened two major inquiries. The first was the Kerslake inquiry into what happened at the Manchester Arena attack. The second was a major review into child sexual exploitation, or grooming, in Greater Manchester. I pushed for the Government to introduce that further amendment, because my experience with those reviews was, first, that Greater Manchester police was not entirely accurate in the account that it gave to the Kerslake report, which remains of deep concern to me, because clearly a report of that nature is not done under oath. We initiated it because we felt it to be right that, immediately after the attack—we could not wait for the public inquiry—we should gather learnings for our police force and fire service. It is barely believable that an inaccurate version of events was provided to Kerslake by Greater Manchester police. Secondly on grooming, it was my experience that, through various reports into the issue in Manchester, Rochdale and Oldham, the inquiry team found repeatedly that public servants refused to give evidence to them. There was no duty to assist in place, therefore public servants could do that without any consequence. On those issues, I hope you can understand why I pressed very hard for an amendment to ensure that the Bill covers inquiries ordered by combined authorities and local authorities. I believe the Government have created a serious harm test for those inquiries. We are not necessarily against that, but we hope the Committee will assist us in getting a clear definition of what that actually means. In the case of grooming, I did not necessarily have all the evidence at the time that serious harm had taken place; it was the risk that serious harm had taken place that led me to want to convene that inquiry. There is an important distinction there; I do not think a serious harm test should rule out the grooming example. Equally, it has been put to us that inquiries commissioned by local authorities on matters relating to fraud—I think the Edinburgh tram one is an example here—might cause serious harm to the reputation of a local authority. Should they be out of scope? We would say not. We could accept a serious harm test as long as it is reasonably widely drafted to cover all the examples that I have given. I think I have a position that may go a little further than the Hillsborough Law Now campaign on parity. I personally believe very strongly that this needs to be a firm principle in the Bill. Margaret Aspinall gave evidence to Parliament shortly after the second inquest and she recounted the experience from the first Hillsborough inquest of having to scratch around to fund her own legal costs and having to cash the cheque from the Criminal Injuries Compensation Authority in respect of her son James to pay for her legal fees. I brought forward the original Bill with that experience absolutely seared into my mind—how any bereaved parent should have to do that and go into a courtroom raw with grief, up against the highest KCs in the land who are often employed by public bodies lawyered up to the max. To me, it is a really important principle that there is parity in those courtrooms. Having a level playing field is a big guarantee of getting the truth, and I personally would like to see an amendment to the Bill that says that there must be a comparable level between the hourly rate of the KCs acting for the state and the KCs acting for bereaved families. To me, that is what that principle of parity actually means. I appreciate the strides that have been made here in terms of access to legal aid and access to legal representation—they are huge strides—but let us go further: the Bill should do 100% of a job, not 80% or 90%.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q You mentioned what the coroner might choose to ask or not ask. What is your experience of the variability in the way in which coroners approach these issues? Deborah Coles: There is a lot to be said about the inconsistency of the coronial system. Different coroners approach their roles in very different ways. It is quite hard for an individual coroner when they are confronted with teams of state lawyers representing different interests to then try and properly represent the interests of an individual family. Some coroners can try and do that, but that does not take away from the fact that it is the relationship that the bereaved family have with their lawyer that can often ensure that the questions of the utmost importance to a bereaved family are actually asked.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Do you think that the fact that there will be criminal sanctions at the end of the process will be enough to put people off engaging in that sort of behaviour again in the future? Ron Warmington: I would hope so. Every board—I have been on a lot of them—is, every now and then, trying to deal with something that has been screwed up badly, and a decision has to be made: “What are we going to do about it? Are we going to front it out, or are we going to try to cover it up?” It does not take much to shift that decision in the right direction. This measure might be enough to do that.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Mayor Burnham, what reason was given by the Government for not including, in the initial draft of the Bill, those provisions that the Hillsborough Law Now group and yourselves thought were needed? Andy Burnham: There was a concern that, at a local level, inquiries could be launched for fairly frivolous or political reasons. None of us wants a sort of industry in local inquiries using the provisions of the Bill. I understand that concern, and I could accept a serious harm test—as I said to the Minister last week—but it should not rule out major wrongdoing, particularly in relation to fraud. I accept that there could be a hurdle, but there is work to be done by the Committee to establish the precise nature of that hurdle. Obviously, you do not want to see the wasteful use of public funds and the over-commissioning of inquiries—I accept that—but I still think that there needs to be a definition of serious harm. There was initially a concern about public funds and the affordability of the commitment to parity. Again, I understand that, but Hillsborough Law Now and we would argue that the Bill could lead to lower public spending. Its provisions will help us to get to the truth more quickly and therefore reduce the length of public inquiries. The Bill also creates an incentive for the state to spend less on its own legal representation if there is a duty of parity that bites hard. If there is a rough equivalence in terms of the hourly rate, the state suddenly does not have an incentive to hire the best paid KCs in the land. At the moment, as I understand it, the state is completely free to do that. The Bill needs to create a mechanism that limits state expenditure. The savings from that will then help to pay for representation at a balanced level on the other side. I really wish to see the strongest possible principle of parity of arms in the final Bill.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Hello. I am the shadow Minister. Thank you, Mr De Simone, for coming to speak to us. It is important for us to have a context and understanding of your views more generally on how we scrutinise our security services. I read with interest your account of what had happened with the legal challenge that the Government put forward to your report in relation to Officer X. It seemed to me that you were describing the fact that there were separate advocates to consider legal evidence, as opposed to your own advocates—that there was evidence you were never going to be allowed to hear—and that you were saying that that in itself was not right. Do you accept that there are times that there should be secret and distinct processes to maintain secrecy, even in the cases of public interest journalism? Daniel De Simone: I certainly do. I do not think it is wrong that there are special advocates in closed material procedures; it is now an established part of a court process. What it does do, though, is place a special responsibility on MI5 to be candid, because their evidence is often very important in very significant cases, where there has been significant loss of life, where people’s citizenship is being removed or where people are being deprived of their liberties. That evidence is often heard in secret—so, away from the people most affected. That places a special responsibility on MI5—which they accept; their current director general has spoken about this—because there is a special responsibility on secret organisations to be candid and honest. That is why the duty of candour is particularly important for MI5.

  • 27 Nov 2025 · Public Office (Accountability) Bill (Second sitting) · Hansard source
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    Q Dr Chopra, there is a challenge in the medical world. For example, you might have a cohort of people who think they are discharging their duty of candour by reporting various things about covid vaccines and the harm they have been doing, which we would not necessarily consider a good-faith disclosure. You obviously have to deal with that all the time when whistleblowers come to talk to you about something in their organisation that is not right, and you have to try to make a judgment. How do you balance the duty to listen to people with recognising that they can, either in good faith or bad faith, report things that are not genuinely a matter of concern? Dr Chopra: When we approach looking at the duty of candour in regulation 20, we approach it both at the registration phase, when we are registering providers, and at the inspection and assessment stages, which then determines whether we take any enforcement action. We have an assessment framework that sets out particular questions that we look at when we assess how an organisation is approaching its duty of candour. Within that, there will be policies and procedures that people need to follow. How do they deal with whistleblowers? How do they deal with people who raise concerns? To go back to Helen’s point, how are they ensuring that training is taking place for frontline clinicians, so that they have a mechanism to raise concerns or incidents that might trigger the statutory duty of candour? That is how we look at the overarching policies, processes and procedures that will satisfy us that an organisation is ready to be registered, and that we can look at them when we are going out on inspections. That is how we look at those issues.

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