Government stops short of 'Hillsborough Law' to end families' torment

06 December 2023 , 12:27

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After a lengthy delay the government has finally responded to a report on the tragic Hillsborough disaster (Image: AFP via Getty Images)

The Government has stopped short of introducing a “Hillsborough Law” to end the torment of families of disaster victims.

But it has signed a so-called “Hillsborough Charter” which it says will ensure others do not “suffer the same injustices” . And it has apologised for “compounding the agony” of relatives by taking six years to respond to a report from the former Bishop of Liverpool, which had highlighted the “burning injustice” suffered by bereaved families.

In a forward to the government’s 75 page response to the Bishop’s report today, the Home Secretary James Cleverly and the Justice Secretary Alex Chalk said: “Our response has taken too long, compounding the agony of the Hillsborough families and survivors. For this we are deeply sorry.”

They said the impact of the disaster “continues to be felt, most acutely by the families and friends of those who tragically lost their lives who have been forced to endure some of the most unforgivable forms of institutional obstruction and obfuscation in recent memory.”

The scenes at Hillsborough stadium, on April 15, 1989 (AFP via Getty Images)

And they added: “Fans attending the Hillsborough stadium on 15 April 1989 bear absolutely no responsibility for the terrible events that occurred. Instead, those vested with the power to take action demonstrated inexcusable institutional defensiveness and acted only in their self-interest. This was nowhere more evident than within the police and wider criminal justice system.”

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It is understood the government stopped short of backing a Hillsborough Law as it believes it would duplicate existing guidelines. The Hillsborough Charter commits public bodies to “learn the lessons of the Hillsborough disaster and its aftermath, so that the perspective of the bereaved families is not lost.”

And the government said a duty of candour will be introduced into law for police in England and Wales to promote “a culture of openness, honesty and transparency.” It said bereaved families will be better supported after major incidents and laid out what it expects from public bodies in the wake of a tragedy, including a “commitment to a culture of honesty and transparency in public service”.

Bishop James Jones penned the report which was published in 2017 (Julian Hamilton/Daily Mirror)

It will also consider plans to expand free legal aid for families after major incidents of terror attacks. Today’s announcement follows the Ministry of Justice last month saying it would establish an Independent Public Advocate (IPA) to provide support for victims of major disasters in England and Wales.

Prime Minister Rishi Sunak said: “The Hillsborough families have suffered multiple injustices and more than 34 years later, there can never be too many apologies for what they have been through. I want to repeat that apology today and thank the Hillsborough families for their tenacity, patience and courage.”

Home Secretary James Cleverly said: “The 97 lives taken by the Hillsborough disaster will never be forgotten. So many people were touched by this national tragedy and families were badly let down.

Thousands of flowers, wreaths and tributes laid at Anfield in memory of those who died (AFP via Getty Images)

“Police dishonesty, lack of accountability and obstruction were all prevalent.”
He added: “By signing the Hillsborough Charter and introducing a duty of candour for policing, this government will deliver that change and protect others from similar experiences in the future.”

In last month’s King’s Speech it was revealed police will be placed under a legal duty of candour requiring officers to tell the truth to inquiries, investigations and public authorities. Chief constables will be legally required to enforce the new duty which aims to prevent a repeat of the Hillsborough tragedy where police officers falsely claimed drunk Liverpool fans were responsible for the tragedy.

The Bishop’s document, published in November 2017, examined the fight for accountability and justice over the tragedy at the FA Cup semi-final in Sheffield in 1989, which led to the loss of 97 lives.

Home Secretary James Cleverly acknowledged that the government's response had taken too long (Getty Images)

He called for a "Hillsborough Law", making it a criminal offence for public officials to take part in a cover up and a "duty of candour" for police officers to help inquiries. In his 117 page document, called The Patronising Disposition of Unaccountable Power, Bishop Jones found bereaved families suffer "burning injustice" after public disasters.

Before the publication of the government’s response Mr Jones, who was Bishop of Liverpool from 1998 to 2013 and also chaired the Hillsborough Independent Panel, said today (WED) marked a “milestone” for the families. Speaking to BBC Radio 4's Today programme he said: "One of the things that I've said is that grief is a journey without destination.

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"There are milestones along the way and, of course, the panel report and the inquest and unlawful killing (ruling) were very significant milestones for the families, and today will also be such a milestone for them."

Earlier this year the former Prime Minister Theresa May criticised the government’s delay in responding to the Bishop’s report and Labour MP Maria Eagle called it “unconscionable".

Paul Byrne