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The government has withdrawn a final debate on its proposed Hillsborough Law following opposition from campaigners and some Labour MPs regarding its application to intelligence officers.
The draft legislation seeks to establish a legal obligation for public authorities to cooperate with inquiries and provide truthful information.
However, a government amendment proposed that intelligence officers’ cooperation with inquiries would be subject to approval from the head of their respective service.
Bereaved families argue that MI5 and MI6 officers should be fully subject to the proposed law, citing instances where MI5 has allegedly provided false information.
The government initially removed the amendment from a scheduled vote on Monday before ultimately cancelling the bill’s entire third reading—a stage dedicated to refining draft legislation before it proceeds to the House of Lords.
A government spokesperson stated that ongoing collaboration with all parties aims to strengthen the bill “without compromising national security.”
The Hillsborough Law Now campaign group welcomed the removal of the amendment, expressing its intention to “engage further with government to ensure the bill fully applies to the security services whilst not jeopardising national security.”
The proposed law, named after the Sheffield football stadium where a fatal incident occurred in 1989, seeks to enhance accountability among public authorities and officials for failures.
The government has maintained that its amendments regarding intelligence services aim to balance the law’s new obligations with the protection of national security.
Ministers faced potential dissent from Labour MPs, with approximately 30 supporting a proposal by Liverpool Labour MP Ian Byrne to ensure the legislation’s comprehensive application to intelligence officers.
The government retains the option to introduce revised amendments upon the bill’s arrival in the House of Lords.
Byrne, a long-time advocate for the law, told the BBC after the amendment was shelved: “I think there’s been an acknowledgement that their amendment was heading for defeat, and thank God they’ve withdrawn it.”
However, he added: “I won’t vote for any law to leave the Commons until myself and the families are happy with what it contains…”
“I have spoken to some families, and they are absolutely firm that it has to be the full Hillsborough Law before it leaves the Commons.”
Reportedly, Parliament’s Intelligence and Security Committee (ISC) did not endorse the government’s proposed amendment, posing a further challenge for ministers, given that the amendment had proposed an oversight role for the ISC.
It is also understood that, amidst increasing government concern about a rebellion, the head of MI5 Sir Ken McCallum was personally involved in speaking to some MPs.
The draft law, formally known as the Public Office (Accountability) Bill, aims to prevent cover-ups and would impose a “duty of candour” on public officials.
However, campaigners had argued that granting intelligence service leaders approval over disclosures would allow them to selectively release information, rendering the bill unacceptable in its current form.
Families affected by the 2017 Manchester Arena attack had also advocated for the law’s full application to intelligence services.
A public inquiry determined that MI5 had not provided an “accurate picture” of key intelligence related to the suicide bomber responsible for the attack, which resulted in 22 fatalities and numerous injuries.
The Labour mayors of Greater Manchester and the Liverpool City Region, Andy Burnham and Steve Rotherham, had also criticized the government’s amendment, asserting that it created “too broad an opt-out and risks undermining the spirit of the legislation.”
A government spokesperson stated: “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, but we can never compromise on national security.”
Earlier, Culture Secretary Lisa Nandy told the BBC’s Sunday with Laura Kuenssberg programme she was confident the government would be able to resolve disagreements over the bill before Monday’s vote.
She insisted security services would not be exempt from the legislation but said ministers faced the challenge of ensuring officers, who often held confidential information, could continue to do their jobs.
Nandy added the government wanted to make sure “we never ever end up in a situation like we did with the Manchester Arena inquiry… 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”.
The Hillsborough Law is the result of campaigning by families affected by the stadium crush, which led to the death of 97 football fans.
Police leaders were found to have spread false narratives about the disaster, blaming Liverpool fans, and withheld evidence of their own failings.
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