The Welsh Government has hailed the introduction of a Hillsborough law to enforce a new duty of candour on public officials as an “incredibly important moment” for Wales.
Counsel general Julie James welcomed the Hillsborough law – officially called the public office (accountability) bill – which was introduced in the UK Parliament this week.
The Welsh Government’s chief legal adviser told Senedd members her officials are working through the details to examine the “far-reaching” implications for public services in Wales.
The Hillsborough law follows families’ decades-long fight for justice after the disaster at the football ground in Sheffield in 1989, which led to the deaths of 97 Liverpool supporters.
Under the bill, public officials would be under a legal “duty of candour” to act with frankness and transparency. Failure to do so with intent could lead to imprisonment for two years.
Labour’s Mick Antoniw paid tribute to the determination of families in Liverpool as he backed the “long-overdue and most-necessary” Hillsborough law.
‘Abuse of power’
The politician told the Senedd the law also reflects July’s announcement of an inquiry to uncover the truth about clashes between police and miners at Orgreave in 1984.
He said: “The reason why those events at Orgreave are so important is because they relate to an issue from the miners’ strike of an abuse of state power. And… had events at Orgreave been properly investigated then it might be that Hillsborough would never have occurred.”
During topical questions in the Senedd on September 17, the former lawyer asked about the Welsh Government’s role in ensuring the Hillsborough law is implemented in Wales.
Ms James replied: “It’s an incredibly important moment actually and I think we’re all very proud to see the law introduced.
“And I also want to pay tribute to the families and the wider campaigners who’ve tirelessly pursued the Hillsborough law over many years of – frankly – vilification and victim blaming and all of the other things that we’ve seen so unedifyingly in our newspapers.”
‘Fight for justice’
Ms James also recognised Mr Antoniw, who she succeeded as counsel general, and Labour colleague Jack Sargeant who have campaigned for the introduction of the Hillsborough law.
She said: “I know you’ve both worked very, very hard indeed behind the scenes and in public, and with the families to make sure that this happened.
“I couldn’t agree with you more about Orgreave… there are a whole series of these kinds of misuses of public/state power… against people who have little power to fight back.”
The Conservatives’ Gareth Davies backed the bill, paying tribute to families’ 36-year campaign for justice which led to the proposed legislation.
He said: “This law will strengthen the position of whistleblowers: those individuals within institutions who have the courage to speak out. They should not be silenced nor punished.”
‘Far reaching’
Ms James told the Senedd the ramifications of such abuses of power continue for generations, scarring entire families and communities.
She said: “We expect the impact to be far-reaching, quite rightly. We have to work through to understand the provisions of the bill in detail and make sure that we have that analysis.
“But, just to say, candour is a fundamental thing that all governments should adhere to, it’s fundamental to good governance and regulatory compliance.
“We have duties of candour already in the NHS in Wales, of course, and I don’t think it’s asking us to do anything that the best of us wouldn’t already do fulsomely.”
She added: “It gives legal backing to who we should be, who we ought to be.”
‘Never again’
The bill would embed Nolan principles on ethical standards in public life and make it an offence for an authority or official to intentionally or recklessly mislead the public.
Ms James, herself a former lawyer, welcomed plans to introduce non-means-tested legal aid for bereaved family members where a public authority is involved in an inquest or inquiry.
“That’s really important,” she said. “So, people can have the right support in what can be a formidable experience – a pretty emotionally damaging experience as well.”
She stressed: “What this really is saying to people is ‘for goodness sake, do the right thing’ – do the thing you knew you should have done in the first place and it puts the power of the law behind it. So, we’re delighted to see the bill introduced and we’ll be following it closely.”
Mike Hedges, a Swansea and Liverpool supporter, said: “I remember exactly where I was when that event occurred and it’s etched into my mind. It was one of the greatest disasters.
“No one should go to a football match, like many of us do, and not come home alive.”