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Bill Published 19 Dec 2025 Ministry of Justice ↗ View on Parliament

Public Office (Accountability) Bill — Amendment Paper: Notices of Amendments as at 19 December 2025

Parliament bill publication: Amendment Paper. Commons.

▤ Verbatim text from source document

Report StageFriday 19 December 2025
Public Office (Accountability) Bill, As Amended
(Amendment Paper)
This document lists all amendments tabled to the Public Office (Accountability) Bill. Any withdrawn
amendments are listed at the end of the document. The amendments are arranged in the order in which
it is expected they will be decided.
★ New Amendments.
 Amendments which will comply with the required notice period at their next appearance.
New Amendments: 1 to 9 and NC2 to NC4
_NC1 Maria Eagle
. To move the following Clause—
“Post-legislative assessment of the legal duty of candour for public authorities
and public officials
(1) The Secretary of State must, within 12 months of the passing of this Act, publish
a report into—
(a) the impact of the Act’s provisions on increasing public confidence that
public authorities’ internal processes are fit for purpose in identifying
and investigating failures when they first arise following a major
incident.
(b) the role of the standing public advocate in assessing public authorities’
responses to affected individuals and relatives of bereaved victims
following a major incident or where there is a major public concern
that public authorities may not be acting in the best interests of those
affected by a major incident.
(2) The report must assess—
(a) extending the public advocate’s powers to facilitate the gathering of
information from those people affected by a major incident to support
official inquiries and investigations to help ensure that all public
authorities and officials are acting in accordance with the duty of
candour set out in this Act.

(b) the case for facilitating a mechanism whereby the public advocate can
instigate an independent panel to collate evidence and information
following a major incident to support the oversight of public authorities
and officials’ responses to major incidents.
(c) the costs of establishing independent panels as compared to
non-statutory inquiries, or statutory inquiries under the Inquiries Act
2005 in line with paragraph (b).
(3) The Secretary of State must lay a copy of the Report before Parliament.”
_NC2 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . To move the following Clause—
“Offence of wilfully destroying information or records relevant to an inquiry
or investigation
(1) A public authority or public official commits an offence if—
(a) they deliberately destroy relevant information or records relevant to
an inquiry, investigation, or inquest;
(b) they know that, or are reckless as to whether, the information is relevant
to or required by an inquiry, investigation, or inquest.
(2) A public official who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a
term not exceeding the general limit in a magistrates’ court or a fine
(or both);
(b) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term
not exceeding six months or a fine not exceeding the statutory maximum
(or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding
two years or a fine (or both).”
Member's explanatory statement
This new clause introduces an offence for wilfully destroying relevant records after a major incident
that may lead to an inquiry or inquest.
REPORT STAGE Friday 19 December 2025 2

_NC3 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . To move the following Clause—
“Monitoring compliance with duties under the Act
(1) The Secretary of State must commission and publish annually an independent
report which monitors public authorities’ compliance with their duties under
the Act.
(2) The report must assess—
(a) public authorities’ record-keeping, disclosures and responses to inquiries
and investigations;
(b) the effectiveness of enforcement and sanctions provisions in the Act in
helping to ensure that public authorities and public officials perform
their functions in line with the duty of candour in their dealings with
inquiries and investigations; and
(c) the effectiveness of the provisions in the Act for supporting persons,
including public officials, making protected disclosures and for reporting
wrongdoings to an inquiry or investigation following a major incident.
(3) The Secretary of State must lay a copy of each report before both Houses of
Parliament.
(4) The first report must be laid within the period of 12 months of the passing of
this Act.
(5) Each subsequent report must be laid annually beginning with the day on which
the previous report was laid.”
Member's explanatory statement
This new clause requires the Secretary of State to commission and publish annually an independent
report with the purpose of providing an oversight mechanism to monitor compliance with duties
under the Act.
_NC4 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
3 REPORT STAGE Friday 19 December 2025

★ . To move the following Clause—
“Conduct of public authorities and access to legal aid for seriously injured
survivors who are participating in inquests or inquiries
(1) Legal aid must be made available, without a means test, to seriously injured
survivors who are participating in inquests or inquiries where there are
reasonable grounds for believing the matter under investigation relates to the
conduct of public authorities tasked with carrying out public functions, or
public officials working for bodies in a public capacity, in connection with the
discharge of their public duties.
(2) The Secretary of State must, within three months of the Act receiving Royal
Assent, make regulations to—
(a) add civil legal services to Part 1 of Schedule 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 in connection with
proceedings relating to seriously injured survivors who are participating
in inquests or inquiries as under subsection (1);
(b) amend the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I.
2013/104) for the purposes of providing criteria for a determination for
legal representation in respect of cases under subsection (1).
(3) This section comes into force on the day on which this Act is passed.”
Member's explanatory statement
This new clause would extend civil legal aid to seriously injured survivors who are participating in
inquests or inquiries where the conduct of public bodies or public officials is in question.
_1 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 2, page 2, line 35, at end insert—
“(ca) where the authority or official has relevant records, including digital
messages and communication, retain and disclose those records;”
Member's explanatory statement
This amendment would add the disclosure of digital messages and communication to the assistance
that a public authority or official must provide to an inquiry or investigation.
_3 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
REPORT STAGE Friday 19 December 2025 4

★ . Clause 2, page 2, line 39, at end insert—
“(f) ensure all relevant public officials can safely disclose information to an
inquiry, investigation or inquest.”
Member's explanatory statement
This amendment requires public authorities or officials who assisting an inquiry, investigation or
inquest to demonstrate that they have taken steps to ensure relevant persons can safely disclose
information relevant to an investigation.
_4 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 4, page 4, line 19, after “authority” insert “or any sub-contractor in any chain of
provision to a service provider”
Member's explanatory statement
This amendment ensures that any person involved in providing a service to a service provider which
was subcontracted will fall under the duty to comply with the duty of candour and assistance to an
inquiry or investigation.
_5 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 5, page 5, line 21, at end insert—
“(1A) Where an offence under this section is committed by—
(a) a public authority, or
(b) a body corporate with relevant public responsibility under section 4 of
this Act,
the chief officer or chief executive (as well as the public authority or body
corporate) is guilty of the offence and liable to be proceeded against and
punished accordingly.”
Member's explanatory statement
This amendment would place a personal responsibility on the chief officer or chief executive of a
public authority or a corporate body with public responsibility under Clause 4 for an offence of
failing to comply with the duty of candour and assistance.
5 REPORT STAGE Friday 19 December 2025

_2 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 9, page 8, line 3, after “work” insert “including the retention and disclosure of digital
records including messages relevant to their public functions”
Member's explanatory statement
This amendment ensures that digital messages and records are added to the duty of candour in
relation to inquiries and inquests.
_6 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 9, page 8, line 18, after “disclosures” insert “and to whom such disclosures should be
made;
(ba) how a person making a protected disclosure under paragraph (b) is
protected;
(bb) a list of prescribed people and bodies to whom a potential whistleblower
may speak to in confidence about a relevant concern.”
Member's explanatory statement
This amendment would require that a public authority’s code of ethical conduct includes information
on whom a person can make a protected disclosure to and how that person would be protected.
_7 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 9, page 8, line 23, leave out subsection (6) and insert—
“(6) The Secretary of State must introduce a standard template for ethical conduct
of conduct for completion by public authorities which satisfies the requirements
in this section and which may be added to by public authorities to include
information specific to their organisation or function.”
REPORT STAGE Friday 19 December 2025 6

Member's explanatory statement
This amendment would require the Secretary of State to introduce standard template to ensure a
consistent and high standard approach to completion of code of ethical conduct documentation
across public authorities.
_8 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 11, page 10, line 5, leave out paragraph (b)
_9 Jess Brown-Fuller
Tessa Munt
Tom Morrison
Max Wilkinson
Marie Goldman
Mr Will Forster
★ . Clause 25, page 22, line 30, leave out subsections (1) to (8) and insert—
“This Act shall come into force on Royal Assent, save for sections 9, 10 and 18,
which will come into force six months thereafter.”
Member's explanatory statement
This amendment clarifies that the Act should come into force straightaway except for those sections
which require the provision of codes or guidance.
Order of the House
[3 November 2025]
That the following provisions shall apply to the Public Office (Accountability) Bill:
Committal
1. The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2. Proceedings in the Public Bill Committee shall (so far as not previously concluded)
be brought to a conclusion on Thursday 11 December 2025.
3. The Public Bill Committee shall have leave to sit twice on the first day on which it
meets.
7 REPORT STAGE Friday 19 December 2025

Consideration and Third Reading
4. Proceedings on Consideration shall (so far as not previously concluded) be brought
to a conclusion one hour before the moment of interruption on the day on which
those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought
to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings
on Consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill may be programmed.
REPORT STAGE Friday 19 December 2025 8