Families of victims of the Manchester Arena bombing are asserting that MI5 failed them and are demanding full inclusion in the forthcoming “Hillsborough Law,” aimed at preventing cover-ups within public institutions.
In a letter addressed to Sir Keir Starmer, and obtained by the BBC, the families pose a stark question to the prime minister: “How many times must MI5 demonstrate its untrustworthiness before decisive action is taken?”
A public inquiry previously concluded that MI5 did not present an “accurate picture” of critical intelligence it possessed concerning the suicide bomber responsible for the 22 May 2017 attack, which resulted in 22 fatalities and numerous injuries.
The “Hillsborough Law,” currently under consideration in Parliament, emerged from advocacy efforts by families affected by the 1989 Hillsborough disaster, which claimed 97 lives.
Investigations revealed that police leadership disseminated false narratives blaming Liverpool fans and suppressed evidence of their own shortcomings.
The proposed legislation mandates that public officials provide truthful testimony during investigations, including those pertaining to major disasters.
However, a director of the campaign backing the new law has informed the BBC that he has been “misled” by the government regarding the law’s applicability to intelligence agencies.
The government has stated: “We are actively considering feedback on how to strengthen [the law] while safeguarding national security.”
Officially titled the Public Office (Accountability) Bill, the legislation rests on three core principles:
The bill proposes criminal sanctions for violations of the duty of candour.
Labour’s manifesto for the 2024 general election pledged to introduce a “Hillsborough Law” to impose a legal duty of candour on public servants and authorities.
Sir Keir remarked last year that the legislation would alter “the balance of power in Britain” to prevent the state from concealing information from the public it is meant to serve.
However, Pete Weatherby KC, director of the Hillsborough Law Now (HLN) campaign group, has told the BBC that the government has “misled” him during discussions about how the law will apply to MI5, MI6, and GCHQ.
Weatherby, who represented victims’ families during the Hillsborough inquests a decade ago and has been instrumental in the law’s development, also represented families affected by the Manchester Arena attack during the public inquiry, where MI5 faced criticism for providing a false account.
Weatherby stated that the “government has attempted to present measures related to intelligence services in a more favorable light than they are, resulting in a situation that deviates from our negotiated agreement.”
He described this as a “major problem” and “very disappointing.”
He acknowledged that HLN accepts certain caveats applicable to MI5 and intelligence services, as the prime minister has indicated.
During the Manchester Arena public inquiry and an earlier official review, MI5 presented a false narrative regarding intelligence it received about the suicide bomber before the attack.
The public inquiry chairman concluded that the statements did not present an “accurate picture” and found that MI5 missed a significant opportunity to potentially prevent the attack.
The families of five victims of the Manchester Arena attack have appealed to the prime minister to ensure that the new law is fully applicable to MI5 and other services.
The letter is from the families of Liam Curry, 19, Chloe Rutherford, 17, both from South Shields, Megan Hurley, 15, from Liverpool, Eilidh MacLeod, 14, from the Isle of Barra, and Kelly Brewster, 32, from Sheffield.
The bereaved families state in their letter: “You made a personal commitment to enact this law.”
“We are now urging you to fully honor that commitment by ensuring that the new law applies to security and intelligence agencies in the same manner as it applies to all others.”
The letter further states: “MI5 failed our loved ones and failed us.”
“This failure included not preventing the Arena bombing and further harming us through a lack of candour after the attack.”
“During the Manchester Arena inquiry, MI5 misrepresented critical intelligence it possessed about the suicide bomber before the attack.”
“Despite this, no one has been held accountable for MI5’s false testimony to a public inquiry.”
“This lack of accountability must change. Imposing a full duty of candour on MI5, MI6, and GCHQ is the clearest path to achieving this change.”
“We are dismayed that the current draft of the bill allows MI5 and other organizations to evade the full responsibility of the duty of candour.”
“Every security and intelligence officer should be required to tell the truth, and the leaders of these organizations should also be held fully accountable.”
“How many times must MI5 demonstrate its untrustworthiness before action is taken?”
“We urge you to uphold your promise and ensure that MI5, MI6, and GCHQ are held to the same standards as everyone else.”
Claire Booth, sister of Kelly Brewster, survived the bombing, and her daughter was severely injured. She told the BBC that MI5’s conduct after the attack was “infuriating” and made her feel like “we were collateral damage.”
She added: “It was just one of them things as far as MI5 were concerned.”
“They didn’t stop it [the attack], but the fact that they’ve then not been truthful about what their involvements were, what they knew… it all just adds insult to injury. It’s not fair.”
In response, a government spokesperson stated: “The Hillsborough Law will once and for all end the culture of cover-ups and hiding the truth, ensuring transparency, accountability, and support for people affected.”
“The law will apply to all public authorities, including intelligence agencies.”
“The Bill creating the Hillsborough Law is currently proceeding through Parliament, and we are listening to feedback about how to strengthen it while also protecting national security.”
Weatherby stated that the key issue is a provision that would effectively “disapply” the ancillary duty of candour to individual security and intelligence officers.
He said that, in the context of the Manchester Arena case, this is crucial, adding that if the duty falls on the organisation only, nothing will change.
If it falls on the individual officers as well, they will risk criminal liability and sanction if they sit on their hands whilst the corporate body lies to inquiries and courts.
Last year, MI5 was forced to apologize after giving false evidence to three courts in a neo-Nazi spy case and is currently under investigation by its regulator.
In December, MI5 apologized after being heavily criticized by a major police investigation into the IRA spy known as Stakeknife. MI5 had disclosed documents years late and provided misleading evidence about its knowledge of the spy.
Booth said that the intelligence services “should have the same duty as everybody else to be open and honest.”
“And I think if it’s not applied to them, we’re never going to get to the bottom of when things like terrorist attacks or the Hillsborough disaster [occur]”.
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