Government rejects ‘Hillsborough law’ central to campaign by victims’ families

Government officials have turned down the proposed changes to the law, commonly referred to as the "Hillsborough law." These modifications were a crucial component of the movement led by loved ones of the 97 individuals who lost their lives in the tragic event in 1989. The objective of the proposed reforms was to prevent any potential police misconduct or dishonesty in the future.

Instead, after a significant delay, the government has responded to the 2017 report by James Jones, the former bishop of Liverpool, by signing the "Hillsborough charter". This charter declares that the government is dedicated to transparency and openness following major public disasters.

The Home Secretary, James Cleverly, and the Justice Minister, Alex Chalk, expressed their remorse for not responding to Jones's report quickly enough. They clarified that the delay was due to their intention to prevent creating biases in the trials of South Yorkshire police officers. These trials concluded in May 2021 without any convictions.

However, our reaction has been delayed, making the suffering of the Hillsborough families and survivors much worse," stated the government. "We regret this deeply."

Jones recommended in his report that the police and public authorities should follow a charter that obligates them to act in the best interest of the public following a significant event.

He wrote a document to discourage the concealing of information by law enforcement and government officials. The goal was to encourage improved treatment of grieving individuals to prevent situations similar to that of the grieving Hillsborough families. The families were forced to battle against a barrage of falsehoods about the tragedy from South Yorkshire police for many years.

For many years now, the police and officers have tried to accuse the Liverpool supporters of bad behaviour as the cause of the tragic incident at the 1989 FA Cup semi-final game between Liverpool and Nottingham Forest. Nevertheless, the families of the victims have campaigned for 25 years fighting for the truth and against the initial verdict of the first investigation in 1991, which stated that the deaths were accidental. Finally, in 2016, a new jury came to the decision of denying the police's evidence, thanks to the efforts of the families.

The panel of judges concluded that the deaths of 97 individuals were caused by the officer in charge of the event, Ch Supt David Duckenfield, who committed gross negligence manslaughter. They also declared that the conduct of the spectators did not play a role in the tragic incident.

Jones suggested a set of six guidelines that involved the police and public officials to prioritize the well-being of the public over their own image in the event of a public crisis. They also proposed that inquests and public investigations should be carried out with transparency, honesty, and frankness. They should not intentionally deceive the public or the media, nor should they attempt to refute or discredit those who have suffered harm as a result of their errors or omissions. They must avoid making excuses for failures that are indefensible.

The government has signed a charter for families who have lost loved ones in public tragedies, which closely resembles the suggested six-point charter outlined in Jones' 2017 report.

Families who had lost their loved ones were satisfied with the report provided by Jones. However, they requested for a legislation similar to Hillsborough law to preserve their pursuit of fairness and impartiality.

Pete Weatherby KC has created a suggested regulation that would implement a lawful "responsibility to tell the truth". This indicates that after a significant event, police and public officials would be required by law to be transparent and provide complete assistance during investigations and legal proceedings. Pete Weatherby KC previously represented 22 families during the 2014-2016 inquests.

The Hillsborough law's other important suggestion was to provide equal financial support for legal representation to individuals who have lost loved ones during an inquest or public inquiry into a significant event. This help would be equivalent to the amount of funding that is typically accessible to law enforcement, public authorities, and businesses that were involved in the incident.

The government has clearly stated that it will not implement the Hillsborough law in response to Jones's report. The reason given is that the charter already covers this issue and there will be a new rule added to the police officers' conduct code that requires them to be transparent.

The government is stating that following the request of the families to adopt the obligation of transparency would result in a replication of current duties. This, in turn, would lead to conflicts and perplexity.

The government said no to the second part of the Hillsborough law, which suggested giving more public money to families of those who lost loved ones during the inquests. Instead, they only agreed to think about making legal aid more widely available. The families who lost loved ones in the disaster couldn't get legal aid during the first inquest. They had to pay for their own lawyer, who was outnumbered by the lawyers paid for by the police and other officials.

They were able to receive financial help, known as "exceptional funding," for legal assistance during the new investigations that fall under Article 2 of the European Convention on Human Rights. This particular article grants the right to life and delves into instances where the actions of government members have caused harm. The government authorized the funding, referring to the Human Rights Act which encompasses the Convention and applies to the United Kingdom.

The authorities have promised to establish an impartial public representative to represent families who have lost loved ones and those affected by a serious event. However, Maria Eagle, a member of parliament for the Labour party, has been advocating for this designation for quite some time and believes that the new position lacks the authority to prevent the concealment of information.

Rishi Sunak expressed his regret once more for the various wrongs experienced by the Hillsborough families. He stated that the government's reaction outlined the standards for public institutions to adhere to, which are truthfulness, clarity, and frankness.

In September, Keir Starmer, leader of the Labour party, shared with the Liverpool Echo that he was determined to implement the Hillsborough legislation should his party come out victorious in the next election.