Human rights and the proposal for a “Hillsborough Law” – Report Summary

This is a Joint Committee report, with recommendations to government. The Government has two months to respond.

Author: Joint Committee on Human Rights

Related inquiry: Hillsborough Law

Date Published: 24 May 2024

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Summary

The terrible suffering of the families of the 97 people who died in the Hillsborough disaster was compounded by a protracted failure over the following decades to uncover and acknowledge the truth of what happened and the mistakes made, and to start to apply some of the lessons learnt.

The State has an obligation under Articles 2 and 3 of the European Convention on Human Rights (ECHR) to conduct effective investigations into incidents where life-threatening injuries have been sustained or lives have been lost in suspicious circumstances, particularly where the State appears to bear some responsibility. This obligation also requires the State to ensure the effective involvement of victims and families in those investigations.

The inquests and inquiries that follow major incidents in which lives are lost must be able to establish the facts, reach conclusions and recommend changes to lower the risk of future harm. Public authorities involved in such incidents too frequently act defensively, appearing to focus on protecting their reputation or avoiding liability rather than on openly and honestly addressing their failings and correcting flaws in their systems. In too many cases, families continue to struggle to participate effectively.

The Review of the Hillsborough disaster conducted by Bishop James Jones in 2017, and work by the campaign group Hillsborough Law Now, together resulted in a series of proposals designed to alter the way in which official inquiries into major incidents are approached and conducted. Their proposals were: the creation of a statutory duty of candour applicable to all public authorities; guaranteed funding for legal representation at inquests and inquiries for bereaved families; and the creation of an independent public advocate, with a remit to step in immediately after a disaster and to support, and give voice to, those affected.

The adoption of these three elements of a “Hillsborough Law” would help ensure that the State’s investigative obligations under Article 2 and 3 ECHR are being met. A broad statutory duty of candour would go further than existing duties, requiring transparency and openness that could help the search for the truth and tackle institutional defensiveness. A statutory guarantee of proportionate funding for bereaved family members should assist them to participate in inquests and inquiries, helping to ensure that their vital perspective is not lost. A standing public advocate will provide timely support through the often daunting maze of rules and procedures that follow major incidents.

There have been a number of developments in relation to each of these three aspects of a Hillsborough Law since our evidence session in July 2023, which appear to indicate that the Government is at last listening. Relevant provisions are included in the Victims and Prisoners Bill and the Criminal Justice Bill currently making their way through Parliament, and summarised in the Government’s response to Bishop Jones’ Review, published on 6 December 2023. We welcome these steps but are not persuaded that they go far enough - particularly in relation to the creation of a broad statutory duty of candour for all public authorities and their employees. It has taken too long to reach this point. We urge the Government not to lose this new impetus.