Government pulls Hillsborough Law spy amendment after backlash

The Government has pulled an amendment to its Hillsborough Law amid concerns that intelligence agencies could use it to avoid being bound by the proposed duty of candour.

It also withdrew the legislation from Monday’s parliamentary agenda entirely after initially planning for its report stage and third reading to go ahead and then bring forward amendments in the Lords.

Ministers are now speaking with campaigners and bereaved families to try to agree on how to move forward.

The proposed law – formally the Public Office (Accountability) Bill – aims to force public officials and contractors to tell the truth after disasters.

Amendments tabled last week brought spies within the scope of the legislation, subject to the approval of the head of their service, but campaigners argued this would allow those running the security services to decide whether to disclose information.

A Government spokesperson said: “This legislation will right the wrongs of the past, changing the balance of power to ensure the state can never hide from the people it should serve and putting a legal duty on officials to respond openly and honestly when things go wrong.

“The Bill will make the police, intelligence agencies and the whole of government more scrutinised than they have ever been. We must get this right to keep the country safe.

“We welcome continued support from victims and their families, making sure the Bill is the strongest it can possibly be while never compromising on national security.”

Campaign group Hillsborough Law Now said: “We welcome the Government listening to the campaign, families, MPs and supporters by withdrawing their security services amendment.

“We shall engage further with Government to ensure the Bill fully applies to the security services whilst not jeopardising national security.”

Some campaigners had warned that the draft legislation might allow intelligence chiefs to “hide serious failures behind a vague claim of national security”.

MPs had been due to debate the Hillsborough Law last week but the discussion was pushed back until Monday to allow the Government to propose changes that might address campaigners’ concerns.

However, the amendment put forward drew criticism from campaigners and Labour figures.

Liverpool West Derby MP Ian Byrne had said he would not be able to support the legislation with the Government’s amendments included.

“As it stands now, I wouldn’t vote on the legislation, because at the moment it’s not the Hillsborough Law because it’s still got security service carve-outs,” he told the Press Association on Sunday evening.

He had tabled amendments of his own that seek to ensure the duty of candour applies to intelligence officers without such exceptions.

Liverpool City Region mayor Steve Rotheram and Greater Manchester mayor Andy Burnham said on Saturday that the Government amendment “risks undermining the spirit of the legislation” and “creates too broad an opt-out” for the security services.

Culture Secretary Lisa Nandy insisted earlier on Sunday that security services would not be “exempt” from the duty of candour.

She said the challenge was to make sure the law applies to the security services “without fear or favour” while allowing them to do their jobs, as part of which they are “often the recipients of confidential information”.

“But that we never ever end up in a situation like we did with the Manchester Arena inquiry, and I have constituents who are affected by that as well – where the security services are able to withhold information and present an inaccurate picture to families and to a public inquiry for a very long time,” she told the BBC’s Sunday With Laura Kuenssberg.