Public Office (Accountability) Bill
Summary
What this is
The Public Office (Accountability) Bill — the 'Hillsborough Law' — imposes a statutory duty of candour and assistance on public authorities and officials in their dealings with inquiries, investigations and inquests; creates a new offence of misleading the public; replaces the common law offence of misconduct in public office with statutory offences; requires public authorities to adopt codes of ethical conduct; and expands non-means-tested legal aid for bereaved families at inquests where a public authority is an interested person.
Why it matters
The Bill is the central legislative response to almost four decades of inquiry findings — Hillsborough, Daniel Morgan, Grenfell Phase 2 and Infected Blood — that institutions concealed wrongdoing, and it directly engages every public authority (NHS trusts, police forces, local government, executive agencies, schools, universities exercising public functions, and the intelligence services) with enforceable duties, personal liability and criminal sanctions.
Current status
Introduced on 16 September 2025, the Bill passed Second Reading on 3 November 2025, completed Public Bill Committee on 4 December 2025, was carried over on 27 April 2026 and is at Report Stage in the Commons with the latest Government and backbench amendment paper dated 29 April 2026; Senedd Cymru granted legislative consent on 26 March 2026.
What changed recently
- 29 Apr 2026 — Report Stage amendment paper published: Government tables NC8 (carve-out for public records held by The National Archives), NC9 (abolition of common law misconduct in public office in Northern Ireland), and amendments 147/148 reshaping the intelligence-services regime; backbench amendments 13-18 (Luke Myer et al.) seek to extend duties to MPs and peers. →
- 27 Apr 2026 — Carry-over motion moved by Alex Davies-Jones agreed by the Commons, allowing the Bill to continue into the next Session. →
- 31 Mar 2026 — MoJ confirms in PQ 122930 that the duty of candour and assistance applies to universities when exercising public functions. →
- 27 Mar 2026 — Legislative Consent Motion approved by Senedd Cymru. →
- 19 Jan 2026 — Bill recommitted to a Committee of the whole House; Minister Davies-Jones opens substantive Government amendments on the intelligence services regime. →
Key documents
Framework
-
Public Office (Accountability) Bill — Bill 341 (as amended in Public Bill Committee, 4 December 2025)
The working text following Public Bill Committee, against which all current Report Stage amendments are drafted.
-
Public Office (Accountability) Bill — Bill 306 (as introduced, 16 September 2025)
The Bill as first laid; baseline for tracking amendments.
-
Explanatory Notes — Bill 306 EN
Clause-by-clause official explanation of the introduced Bill.
-
Government announcement: 'Hillsborough Law to ensure truth never concealed by state again' (15 September 2025)
Government press notice paired with the Bill's introduction.
-
The King's Speech 2026
Names the Public Office (Accountability) Bill as the Hillsborough Law, with a duty of candour for public servants.
-
King's Speech 2026 Background Briefing Notes — Public Office (Accountability) Bill
Background briefing confirming the Bill is being carried forward into the next Session and summarising its core duties.
Operationalising
-
Report Stage Amendment Paper — 29 April 2026
Contains Government NC8 (Public Records Act carve-out), NC9 (abolition of Northern Ireland common law misconduct offence), amendments 26-36, 147 and 148 reshaping the intelligence-services regime, plus backbench amendments on MPs/peers (13-18), wilful destruction of records (NC2), independent oversight (NC3, NC5) and personal liability of chief officers (5).
-
MoJ Factsheet — Duty of Candour Measures (16 September 2025)
Government's authoritative explanation of how the duty of candour, expanded legal aid, and the new offences fit together.
Implementation
-
Legislative Consent Motion approved by Senedd Cymru — 26 March 2026
Welsh consent obtained for provisions that engage devolved competence.
Scrutiny
-
JCHR Third Report — Human rights and the proposal for a 'Hillsborough Law' (24 May 2024)
The Joint Committee on Human Rights' pre-bill scrutiny report calling for a broad duty of candour and enhanced legal support for bereaved families.
-
Government response to the JCHR 'Hillsborough Law' report
Government restated its manifesto commitment in response to the JCHR report.
-
Commons Library Briefing CBP-10424 — Public Office (Accountability) Bill 2024-26: Progress of the bill
Commons Library tracking briefing on the Bill's progress and amendments.
-
Commons Library Briefing CBP-10359 — Public Office (Accountability) Bill 2024-26
Commons Library substantive briefing on the Bill's contents and policy background.
-
Lords Library — Hillsborough Law (18 November 2025)
Lords Library briefing setting out the Government's commitment to introduce a Hillsborough law with a legal duty of candour.
-
Lords Library — Offence of misleading the public (23 February 2026)
Lords Library analysis of clause 11.
-
Public Bill Committee — Fifth sitting (4 December 2025)
Final clause-by-clause sitting before the Bill was reprinted as Bill 341.
Evidence
-
Impact Assessment — Duty of Candour provisions
MoJ cost/benefit assessment underpinning the duty of candour clauses.
-
Impact Assessment — Misconduct in Public Office measures
MoJ evidence base for the new statutory misconduct offences replacing the common law offence.
-
Impact Assessment — Parity of Arms measures
Underpins the legal aid expansion for bereaved families and the legal-costs duty on public authorities.
-
Human Rights (ECHR) Memorandum to the Joint Committee on Human Rights, 27 October 2025
MoJ analysis of the Bill against ECHR rights, principally Article 2 (right to life) procedural obligations and Articles 6, 8 and 10.
-
Delegated Powers Memorandum (MoJ / Cabinet Office)
Justification of the regulation-making powers under the Bill — including the public-interest definition power that Dr Kieran Mullan would convert into affirmative regulations (NC7).
-
Hillsborough disaster report — Government response (December 2023)
Government's response to Bishop James Jones' Patronising Disposition of Unaccountable Power report and the Hillsborough Charter.
-
Bishop James Jones — 'The Patronising Disposition of Unaccountable Power' (November 2017)
The foundational report on the Hillsborough families' experiences that named a statutory duty of candour as 'point of learning 24'.
-
Hillsborough Independent Panel Report (HC 581, September 2012)
The 389-page Hillsborough Independent Panel report that catalysed two further inquests and ultimately this Bill.
-
Grenfell Tower Inquiry Phase 2 Report: Government response (2 June 2025)
Government response to Grenfell Phase 2 citing the forthcoming statutory duty of candour as part of the institutional accountability package.
-
Full Government Response to the Infected Blood Inquiry's May 2024 Report (20 August 2025)
Government response to Sir Brian Langstaff's recommendations relevant to candour duties on civil servants and ministers.
-
Labour Party Manifesto 2024 — 'Change'
Labour's 2024 manifesto commitment to legislate a Hillsborough Law including a statutory duty of candour.
-
Government response to the Daniel Morgan Independent Panel report (June 2023)
Government response acknowledging the need for a duty of candour for public services.
Commentary
-
Written evidence to PBC: Hillsborough Law Now, INQUEST and JUSTICE (POAB07)
Joint submission from the three principal campaign coalitions identifying gaps in the introduced Bill.
Stakeholders
Shadow minister 1
-
Dr Kieran Mullan
→ src
Lead committee 2
Witnesses & evidence-givers 12
-
Hillsborough Law Now
→ src
-
INQUEST
→ src
-
JUSTICE
→ src
-
Former Members of the Hillsborough Family Support Group
→ src
-
Pete Weatherby KC
→ src
-
Independent Public Advocate
→ src
-
Spotlight on Corruption
→ src
-
Hacked Off
→ src
-
Chinook Justice Campaign
→ src
-
WhistleblowersUK
→ src
-
Dr Minh Alexander
→ src
-
Centre for People's Justice
→ src
Regulator / delivery programme 3
Political commitments
-
commitment Manifesto pledge
Labour 2024 manifesto pledge to legislate a Hillsborough Law including a duty of candour
Why linked: The 2024 manifesto is the political mandate for this Bill and is repeatedly invoked by Government ministers at the despatch box (e.g. Lord Storey OQ, 24 July 2025).
-
commitment King's Speech announcement
King's Speech 2026: 'My Government will introduce the Hillsborough Law to bring forward a duty of candour for public servants'
My Government will introduce the Hillsborough Law to bring forward a duty of candour for public servants [Public Office (Accountability) Bill].
Why linked: The 2026 King's Speech carried the Bill forward as a Programme commitment for the new Session.
-
commitment Ministerial statement
Prime Minister at Second Reading framed the Bill as righting 'Hillsborough — an injustice and a cover-up by the institutions that are supposed to protect us'
Why linked: The Prime Minister personally opened Second Reading on 3 November 2025, signalling the Bill's political weight.
-
commitment Ministerial statement
Government press notice: 'Hillsborough Law to ensure truth never concealed by state again'
Landmark legislation a legacy for the 97 lost at Hillsborough and a tribute to the families that have fought for change.
Why linked: Official Government framing of the Bill at introduction on 15 September 2025.
Open questions & gaps
Pending in the lifecycle
- Report Stage and Third Reading in the Commons against the 29 April 2026 amendment paper, including divisions on intelligence-services amendments 21-23, on extending the duty to MPs and peers (13-18), on retrospectivity (11, 12) and on chief-officer personal liability (5).
- Lords consideration — the Bill has not yet been read in the Lords; Lords amendments and ping-pong are still to come.
- Royal Assent and commencement of clauses 9, 10 and 18 (Liberal Democrat amendment 9 proposes a six-month commencement window for those clauses requiring codes or guidance).
- Scottish and Northern Ireland legislative consent — Senedd consent received 26 March 2026; Scottish and Northern Ireland LCMs not yet on the thread despite Government extension amendments to those jurisdictions.
- Final Government decision on whether to accept Dr Kieran Mullan's NC7 (regulations defining 'public interest' under clause 1(1)(b)).
Beyond the corpus
- FOUND To ask the Minister for the Cabinet Office, with reference to the Cabinet Secretary's objectives 2026-27, published on …
- MISSING A Scottish Government LCM for the extension of Part 3 (misconduct in public office) and clause 11 to Scotland —
- MISSING A Northern Ireland LCM for NC9 (abolition of the NI common law offence) and Part 3 extension —
- MISSING Government response to the November 2024 DHSC findings on the existing statutory duty of candour —
Confidence gaps
- The legal effect of Government amendments 147 and 148 on judicial review of an intelligence-service head's refusal of consent — JUSTICE/INQUEST and Spotlight on Corruption written evidence flag concerns but the Government's published reasoning relies on the new 'common law PII unaffected' clarifier.
- Whether the duty of candour extends to outsourced contractors as Liberal Democrat amendment 4 (sub-contractors in any chain of provision) proposes, given that clause 4 already brings in bodies with 'relevant public responsibility'.
- Whether universities and further-education bodies fall within scope by virtue of the 'public functions' test (PQ 122930 says yes; the Bill itself uses the Government's school/FE corporate governance amendment 38 to allocate duty between proprietor and governing body).
Full timeline
1842026
King's Speech 2026: Justice
Why linked: Lords Library Note LLN-2026-0019 'King's Speech 2026: Justice' — pre-King's Speech briefing on which justice measures might be announced, directly relevant to the Bill's carry-over.
Type: Lords Library Note (LLN-2026-0019) This briefing explores what announcements the government could make in the King’s Speech on 13 May 2026 about justice.
King's Speech 2026: Justice
Why linked: King's Speech 2026: Justice - Lords Library Note providing parliamentary briefing on justice announcements including this Bill
Type: Lords Library Note (LLN-2026-0019) This briefing explores what announcements the government could make in the King’s Speech on 13 May 2026 about justice.
Public Office (Accountability) Bill 2024-26: Progress of the bill
Why linked: Commons Library briefing tracking progress of the Public Office (Accountability) Bill, explicitly framed as the Hillsborough Law.
Type: Commons Briefing Paper (CBP-10424) The "Hillsborough Law" would create a duty of candour for public officials and introduce parity of representation for bereaved families at inquests.
Offence of misleading the public: Public Office (Accountability) Bill — House of Lords Library
Clause 11 creates a new offence of misleading the public, designed to capture the most serious incidents such as the behaviour seen after Hillsborough.
2025
Hillsborough Law — House of Lords Library
Why linked: House of Lords Library briefing on the Hillsborough Law manifesto commitment and Bill.
The government has committed to introducing a 'Hillsborough Law', placing a legal duty of candour on public servants and providing legal aid for victims of state related deaths and disasters.
Human rights memorandum: Memorandum from the Ministry of Justice to the Joint Committee on Human Rights
Public Office (Accountability) Bill 2024-26
Why linked: Commons Library briefing CBP-10359 on the Bill (same content as event pk=56263, retained as candidate for cross-reference).
Type: Commons Briefing Paper (CBP-10359) The "Hillsborough Law" would create a duty of candour for public officials and introduce parity of representation for bereaved families at inquests.
Public Office (Accountability) Bill 2024-26 — Commons Library Briefing Paper PDF
Why linked: Full PDF of the Commons Library briefing — the most comprehensive single document for policy researchers covering the bill's provisions, background, and legislative history.
The bill is widely referred to as the 'Hillsborough Law'. It fulfils the Labour Party's manifesto promise to create a legal framework ensuring public officials are honest and transparent.
Equalities Impact Assessment for the Duty of Candour Measures
Why linked: Public Office (Accountability) Bill impact assessment on duty of candour - equalities impact assessment
Impact Assessment - “Duty of Candour” provisions
Why linked: Public Office (Accountability) Bill impact assessment on duty of candour provisions - substantive policy analysis
Impact Assessment - “Duty of Candour” provisions
Why linked: Impact Assessment for the duty of candour provisions of the Bill.
Equalities Impact Assessment for the Duty of Candour Measures
Why linked: Equalities Impact Assessment published with the Bill on the duty of candour measures.
Impact Assessment for the Parity of Arms measures
Impact Assessment for the Misconduct in Public Office measures
Equalities Impact Assessment for the Parity measures
Equalities Impact Assessment for the Misconduct in Public Office measures
European Convention on Human Rights Memorandum
Delegated Powers Memorandum: Memorandum from the Ministry of Justice and the Cabinet Office
Explanatory Notes: Bill 306 EN 2024-26
Debate on the duty of candour for public authorities and legal representation for bereaved families
Why linked: Commons Debate Pack CDP-2025-0171 supporting the Westminster Hall debate on the Hillsborough Law.
Type: Commons Debate Pack (CDP-2025-0171) MPs will debate the proposed "Hillsborough Law", which campaigners have argued should introduce a duty of candour for civil servants and improve legal support for bereaved families.
2024
Findings of the call for evidence on the statutory duty of candour
Why linked: DHSC findings of the call for evidence on the statutory duty of candour for health and social care providers — directly adjacent to the Bill's organisational duty and the NHS-manager workstream.
A report analysing responses to the call for evidence on the statutory duty of candour for health and social care providers in England, launched in April 2024.
Third Report - Human rights and the proposal for a “Hillsborough Law”
Why linked: JCHR Third Report — Human rights and the proposal for a Hillsborough Law (pre-bill scrutiny report).
JCHR Third Report — Human rights and the proposal for a Hillsborough Law (pre-bill scrutiny report).
Hillsborough Law — JCHR inquiry news page — Committees — UK Parliament
Why linked: JCHR inquiry news page on the Hillsborough Law inquiry (companion to events pk=56259-56260).
The JCHR will consider the ways in which human rights are engaged by current processes for conducting public inquiries and coronial inquests, with a focus on the lessons of the Hillsborough inquiry.
Loading new-since list…
Loading External Lens…
Analyst briefing
Executive summary
The Public Office (Accountability) Bill — the 'Hillsborough Law' carrying Labour's 2024 manifesto commitment 1 and the 2026 King's Speech package 2 — is at Commons Report Stage on the 29 April 2026 amendment paper 3. It creates a statutory duty of candour and assistance on every public authority and official in their dealings with inquiries, investigations and inquests; a new offence of misleading the public (clause 11); two replacement statutory misconduct-in-public-office offences (Part 3); a duty to maintain codes of ethical conduct (clause 9); and the largest expansion of non-means-tested legal aid for bereaved families at inquests in a decade 4. Government amendments at Report Stage extend the Bill UK-wide, abolish the Northern Ireland common law misconduct offence (NC9), and reshape the intelligence-services regime (clause 6) so the duty applies to those who work for SIS, the Security Service and GCHQ subject to a head-of-service consent gate, with PII and judicial review expressly preserved 3.
Current state
The Bill was introduced on 16 September 2025 as Bill 306 with an MoJ factsheet 1, four impact assessments and an ECHR memorandum updated to the Joint Committee on Human Rights on 27 October 2025 2. Second Reading on 3 November 2025 was opened by the Prime Minister personally, framing the Bill as a response to Hillsborough 3. The Public Bill Committee sat five times between 27 November and 4 December 2025, taking oral evidence from the Hillsborough families, INQUEST, JUSTICE, the Law Commission and the Independent Public Advocate, and reprinted the Bill as Bill 341 on 4 December 2025 4. The Bill was recommitted in January 2026 and the Government introduced its substantive package of amendments on the intelligence services 5. Senedd Cymru granted legislative consent on 26 March 2026 6. On 27 April 2026 Alex Davies-Jones moved the carry-over motion 7. The 29 April 2026 amendment paper 8 now sets the field for Report Stage divisions on intelligence services (21-23, 147(a)), MPs/peers (13-18, NC7), retrospectivity (11, 12), chief-officer personal liability (5) and independent oversight (NC3, NC5, NC6).
Recent developments
Three Government moves dominate the last three months. First, the 29 April 2026 amendment paper 1 tabled NC8, a carve-out from the duty for information held by The National Archives and other place-of-deposit bodies under the Public Records Acts. Second, NC9 abolishes the Northern Ireland common law offence of misconduct in public office, paired with extension amendments 44-51 that take Part 3 UK-wide. Third, amendments 26-36 and 147-148 replace the original clause 6 with a fuller intelligence-services regime: those who work for the three agencies are now within the duty, but disclosure of 'security or intelligence information' (defined by reference to the Official Secrets Act 1989 s.1(9)) requires the head of the service's consent, withholdable only on national-security or relevance grounds — with common law PII and judicial review expressly preserved by amendment 148 1. Alongside this, MoJ confirmed on 31 March 2026 that the duty bites on universities exercising public functions 2. Dr Kieran Mullan tabled amendment 147(a) requiring an ISC report and affirmative resolution before the intelligence regime commences 1; and on 26 February 2026 Baroness Jones of Moulsecoomb opened a Lords short debate on why MPs and peers are excluded 3.
What to watch
Five live questions will shape Report Stage and the Lords passage. (1) Intelligence services — will the Commons stick with Government amendment 147's head-of-service consent gate, accept Dr Kieran Mullan's amendment 147(a) requiring an ISC report and affirmative-resolution gate before commencement, or move further toward Ian Byrne and Seamus Logan's amendments 21-23 and 20 which would substantially curtail the carve-out 1? (2) Scope of duty — Liberal Democrat amendments 4 (sub-contractors) and 11-12 (retrospectivity to former office-holders) plus Luke Myer's amendments 13-18 (MPs and peers) test whether the functional 'public functions' test is the limit of the Bill or whether ministers will move on any of them 1. (3) Sanctions — Liberal Democrat amendment 5 (personal liability of chief officers/CEOs) and NC2 (wilful destruction of records offence) would put real personal exposure behind the duty; Government acceptance is not signalled in any of the amendment papers. (4) Oversight — Maria Eagle's NC1, Andy Slaughter's NC5/NC6 and Jess Brown-Fuller's NC3 propose three different review/monitoring mechanisms; the Government has so far offered none. (5) Misleading the public — Dr Kieran Mullan's amendment 19 (AG consent for prosecutions) and Tom Morrison's amendment 25 (extension to press briefings to recognised news publishers) pull the offence in opposite directions. Beyond Report Stage, Lords stages and the absence of Scottish and Northern Ireland LCMs (Welsh LCM at 2) remain to be delivered, and the DHSC final response to the 2024 statutory duty of candour findings 3 will determine how the new public-wide duty interacts with the existing CQC-enforced healthcare regime.
Risks and uncertainties
Three uncertainties are worth flagging. First, the intelligence-services regime under Government amendments 147-148 is novel: it routes disputes about disclosure to inquiries through judicial review and PII rather than through any independent statutory tribunal, and the ISC has no formal role unless amendment 20 or 147(a) is accepted. Second, the relationship between the Bill's wide statutory duty and the existing CQC-enforced organisational duty under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is unresolved: the DHSC consultation findings were published in November 2024 1 but the substantive Government response is not on the thread. Third, the Bill does not bind MPs or peers (clause 11(3) parliamentary-privilege carve-out), and the Government has not signalled movement on Luke Myer's amendments 13-18. Inferred from corpus gap: Scottish and Northern Ireland legislative consent motions are not yet on this thread despite Government extension amendments taking Parts 3 and clause 11 UK-wide — a constitutional gap that an analyst should expect to see closed before Royal Assent.
Scope notes
This thread covers the Public Office (Accountability) Bill / Hillsborough Law and its accountability framework only. The existing statutory duty of candour for healthcare providers (Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014) and the parallel DHSC consultation on regulating NHS managers 1 are adjacent but operate via professional and CQC routes rather than this Bill. The Hillsborough Charter (signed December 2023 2) is a non-statutory predecessor and not itself a governing instrument. Parliamentary privilege issues for MPs and peers, and judicial independence, are deliberately carved out of the offences in clause 11 and clause 17 — Luke Myer's amendments 13-18 would change that scope, but unless adopted the Bill does not regulat
Primary legislation
Bills and Acts this regime substantively depends on. Links go to the bill's own thread on this site (where available) and to bills.parliament.uk.
-
The Bill IS the regime described in this workspace; introduced 16 September 2025, passed Second Reading 3 November 2025, completed Public Bill Committee 4 December 2025, carried over 27 April 2026, at Report Stage on the 29 April 2026 amendment paper.
-
Public Records Act 1958 Related framework
Government NC8 carves information held under the 1958 Act (and its Scottish 1937 and Northern Ireland 1923 equivalents) out of the duty of candour, so that bodies such as The National Archives are not treated as 'holding' transferred records for the purposes of the duty.
-
Part 4 of the Bill amends Schedule 1 Part 1 of LASPO 2012 to expand non-means-tested civil legal aid to bereaved family members at inquests and Scottish FAIs where a public authority is an interested person or participant.
-
Inquiries Act 2005 Related framework
The duty of candour and assistance applies to inquiries held under the 2005 Act; clause 6 and Government amendment 23 deal with the conversion of inquiries to statutory inquiries where national-security information is engaged.
-
Coroners and Justice Act 2009 / Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 Related framework
Government amendments 58-60 anchor Part 4 of the Bill (legal aid for bereaved family members) to inquests under Part 1 of the 2009 Act and to Scottish FAIs under the 2016 Act.
Legal & Policy Framework
The Bill builds a four-layered regime onto the existing inquiries and inquests architecture (Inquiries Act 2005, Coroners and Justice Act 2009, the Scottish FAI Act 2016) and the existing healthcare 'duty of candour' under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Layer 1 — a general duty of candour and assistance on public authorities and officials in their dealings with inquiries, investigations and inquests, including a positive notification obligation under clause 2(3) 1. Layer 2 — a code-of-ethical-conduct duty under clause 9 requiring authorities to embed candour and protected-disclosure routes inside their own governance, with Government amendment 38 routing the duty to school proprietors and FE governing bodies and amendment 37 capturing standards held in statute 2.
Layer 3 — three criminal offences sitting alongside the duties: (i) failing to comply with the duty (clause 5, two years on indictment), (ii) misleading the public (clause 11, two years on indictment), and (iii) the two replacement statutory misconduct-in-public-office offences (clauses 12-13, with a critical-harm aggravator). Government amendments 40-51 extend clause 11 and Part 3 UK-wide; NC9 abolishes the Northern Ireland common law offence; clause 16 abolishes the England and Wales one 2. Layer 4 — parity-of-arms support: expanded non-means-tested legal aid for bereaved families at inquests/FAIs where a public authority is involved, plus a duty on public authorities to ensure their own legal spending at inquests is necessary and proportionate 3.
The regime carves out three sensitive perimeters. First, the intelligence services regime in clause 6 — under Government amendments 26-36 and 147-148 the duty applies to those who work for SIS, the Security Service and GCHQ, but disclosure of 'security or intelligence information' (defined by reference to the Official Secrets Act 1989 s.1(9)) requires the head of the service's consent, withholdable only on national-security or relevance grounds, with common law PII and judicial review expressly preserved 2. Second, NC8 carves out information held by The National Archives and other place-of-deposit bodies under the Public Records Acts, so the duty does not bite on archival functions. Third, clauses 11(3) and 17 carry parliamentary-privilege and judicial-functions carve-outs, which Luke Myer's amendments 13-18 and 17-18 seek to recalibrate to bring MPs and peers within scope subject to a Speaker/Lord Speaker certificate.
The Bill leaves the existing CQC-enforced organisational duty of candour for health and social care providers (Regulation 20 of the 2014 Regulations) untouched but layered: providers face both regimes, while the DHSC 2024 review of the existing duty has yet to be answered 4. Universities and further-education bodies, devolved authorities and outsourced providers are brought in via the functional 'public functions' test under clauses 3-4 — confirmed for universities by MoJ in PQ 122930 5.
Procedurally, the Bill is currently between Commons Public Bill Committee (Bill 341) and Commons Report Stage (29 April 2026 amendment paper), with the Welsh LCM already in place 6 and Lords consideration to follow.
Statutory basis
-
Public Office (Accountability) Bill, clauses 1-2 (duty of candour and assistance)
Imposes a duty on public authorities and public officials to act with candour, transparency and frankness in their dealings with inquiries, investigations and inquests, and to provide notification of relevant acts and information and to give assistance.
Public Office (Accountability) Bill — Bill 341 2024-26 (as amended in… -
Public Office (Accountability) Bill, clause 4
Extends the duty to bodies corporate with 'relevant public responsibility' for service provision, capturing private and third-sector providers exercising public functions; Liberal Democrat amendment 4 would expressly include sub-contractors in any chain of provision.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, clause 5 (offence of failing to comply with the duty)
Creates criminal liability for breach of the duty; Liberal Democrat amendment 5 would impose personal liability on the chief officer or chief executive of a public authority or body corporate.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, clause 6 (intelligence services)
Carves out a bespoke regime for the intelligence services; under Government amendments 26-36 and 147-148 the duty applies to a person who works for an intelligence service, but the head of the service can consent to or withhold disclosure of 'security or intelligence information' (defined by Official Secrets Act 1989 s.1(9)) on national-security or relevance grounds, subject to judicial review and PII.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, clause 9 (codes of ethical conduct)
Requires public authorities to adopt codes of ethical conduct including provision on protected disclosures; Government amendment 37 broadens this to 'standards of conduct expected of them' to capture standards held in statute rather than code form; Government amendment 38 assigns the duty to the proprietor/governing body for schools and FE.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, clause 11 (offence of misleading the public)
Creates a new offence where a public authority or official makes a misleading statement to the public; Government amendments 40-42 extend the offence and its penalties to Scotland and Northern Ireland; Dr Kieran Mullan's amendment 19 would require Attorney General consent for prosecutions; Tom Morrison's amendment 25 would extend the offence to press briefings to recognised news publishers.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, Part 3 (misconduct in public office)
Replaces the common law offence of misconduct in public office with new statutory offences in clauses 12 and 13 (with critical-harm aggravation), and abolishes the common law offences of misconduct in public office in England and Wales (clause 16) and Northern Ireland (Government NC9).
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, Part 4 (legal representation for bereaved family members)
Expands non-means-tested legal aid to bereaved family members at inquests and Scottish FAIs where a public authority is an interested person or participant; Liberal Democrat NC4 would extend this to seriously injured survivors.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame… -
Public Office (Accountability) Bill, NC8 (Public Records Act carve-out)
Information held by The National Archives and other place-of-deposit bodies (under the Public Records Acts 1958, 1937 Scotland and 1923 Northern Ireland) is not treated as held by them for duty-of-candour purposes.
Public Office (Accountability) Bill — Amendment Paper: Notices of Ame…
Cross-cutting regimes engaged
- Human Rights Act 1998 — Article 2 procedural obligation The duty of candour and the legal-aid expansion at inquests engage the procedural limb of the Article 2 right to life identified by Strasbourg in Jordan, McKerr and Middleton; the JCHR report and the MoJ ECHR memorandum address this directly.
- European Convention on Human Rights — Article 6 (fair trial) and Article 10 (freedom of expression) The misleading-the-public offence and the new statutory misconduct offences raise Article 6 fair-trial concerns about clarity and certainty (the basis for Dr Kieran Mullan's NC7 and amendment 19) and Article 10 issues for political speech where Luke Myer's amendments 13-18 would extend the offence to parliamentary statements.
- Common law public interest immunity Government amendment 148 expressly preserves common law PII as a means by which intelligence and other sensitive material can be withheld from inquiries; the doctrine therefore operates as the safety valve behind clause 6.
- UK GDPR / Data Protection Act 2018 Disclosure of personal data under the duty and code-of-ethical-conduct route for protected disclosures engages Article 6 (lawfulness) and Article 9 (special categories) of the UK GDPR, especially in healthcare contexts. Not directly addressed in the corpus but materially engaged.
- Public Records Acts 1958 / 1937 (Scotland) / 1923 (Northern Ireland) Government NC8 expressly carves out information held by The National Archives and equivalent bodies, recognising that records-preservation functions sit alongside but outside the candour duty.
Key concepts
Duty of candour and assistance
A positive statutory duty on a public authority or public official to act with candour, transparency and frankness, to notify inquiries/investigations/inquests of relevant acts and information, and to assist them in meeting their objectives.
Public authority / public official
Defined functionally rather than by an exhaustive list; clauses 3-4 capture any body or person exercising public functions, including private bodies with 'relevant public responsibility'.
Misleading the public (clause 11 offence)
A new offence committed where a public authority or official makes a statement to or for the public that the maker knows to be misleading.
Critical harm
Death or serious injury, where 'serious injury' is GBH within the meaning of the Offences against the Person Act 1861 (E&W and NI) or severe injury including psychological injury (Scotland) — Government amendment 48.
Security or intelligence information
Information relating to security or intelligence within the meaning given by section 1(9) of the Official Secrets Act 1989 (Government amendment 36).
Parity of arms / bereaved family legal aid
Non-means-tested legal aid for bereaved family members at inquests and Scottish FAIs where a public authority is an interested person or participant, combined with a duty on public authorities to keep their own legal spending necessary and proportionate.
Forward look calendar
-
Commons Report Stage divisions against the 29 April 2026 amendment paper, especially on intelligence services (21-23, 147(a)), MPs/peers (13-18), retrospectivity (11, 12) and chief-officer personal liability (5).
-
Commons Third Reading and Lords First/Second Reading following the 27 April 2026 carry-over motion.
-
Scottish and Northern Ireland legislative consent motions to follow the Welsh LCM, given Government extension amendments 40-51 and NC9.
-
If NC1 (Maria Eagle) is enacted, the Secretary of State must publish a post-legislative report on the duty of candour and the standing public advocate; if NC3 (Brown-Fuller) is enacted, an annual independent compliance report.
-
Commencement of clauses 9, 10 and 18 (codes of ethical conduct and inquest legal-aid provisions), under Liberal Democrat amendment 9 if accepted, otherwise on dates appointed by the Secretary of State.
-
DHSC final response to the November 2024 statutory duty of candour findings, expected to align the existing CQC-enforced duty with the Bill.
Stakeholder positions
David Lammy
On the Bill as a whole: leads it through the Commons as the named sponsor; at Report Stage moves NC8 (Public Records Act carve-out), NC9 (abolition of the Northern Ireland common law offence), and the package of amendments (26-36, 147-148) that extends the Bill UK-wide while preserving an intelligence-services regime with PII and judicial review intact.Apr 2026
Tension with Dr Kieran Mullan, Ian Byrne MP, Jess Brown-Fuller MP, Seamus Logan MP, Luke Myer MP
Alex Davies-Jones
Lead Commons minister: opened recommittal on 19 January 2026, moved the carry-over motion on 27 April 2026, and signed the 16 September 2025 correspondence introducing the Bill to the JCHR. Government posture is that the duty applies to any body exercising public functions (including universities, PQ 122930) and that the intelligence-services regime now properly balances duty with national security.Apr 2026Jan 2026Sep 2025Mar 2026
Keir Starmer
Personally opened Second Reading on 3 November 2025, framing the Bill as a response to Hillsborough — 'an injustice and a cover-up by the institutions that are supposed to protect us'.Nov 2025
Dr Kieran Mullan
Opposition spokesman; pushes three targeted constraints: NC7 to require regulations defining 'public interest' under clause 1(1)(b), amendment 19 to require Attorney General consent for clause 11 prosecutions, and amendment 147(a) to require an ISC report and affirmative resolution before the intelligence-service consent regime commences.Apr 2026
Tension with David Lammy
Hillsborough Law Now
Lead campaign coalition; joint POAB07 evidence with INQUEST and JUSTICE argues that the introduced Bill is materially weaker than the Public Authority (Accountability) Bill drafted by Pete Weatherby KC — pressing for broader scope, stronger sanctions and full retrospectivity. Named in the Lord Chancellor's published meeting diary (PQ 120546).Nov 2025Mar 2026
INQUEST
Charity on state-related deaths; argues in POAB07 and earlier JCHR evidence that the duty must be 'codified' on public servants, public authorities and corporations and supported by equality of arms at inquests. Sees the Bill as necessary but partial.Nov 2025Apr 2024
JUSTICE
Human rights legal charity; signatory of POAB07 evidence calling for the duty to be backed by enforceable sanctions, a wider scope and a robust intelligence-services regime that does not rely on executive consent alone.Nov 2025
Pete Weatherby KC
Counsel to Hillsborough families and architect of the original 'Hillsborough Law' draft introduced as a Ten Minute Rule Bill by Ian Byrne; his text remains the campaign coalition's benchmark for amendments at Report Stage.Jul 2025Mar 2026
Joint Committee on Human Rights
Pre-bill: Third Report (May 2024) warned that 'decades-long fights for justice remain a risk without a broad duty of candour and enhanced legal support for families'; reiterated in correspondence on the Government response (March 2025).May 2024May 2024Mar 2025May 2024
Ian Byrne MP
Tabled the July 2025 Public Authority (Accountability) Ten Minute Rule Bill as 'parliamentary lead for the Hillsborough Law Now campaign' and signs almost every Liberal Democrat/cross-party Report Stage amendment — pushing for digital-records disclosure (amendment 1), safe whistleblower routes (3), sub-contractor coverage (4), chief-officer personal liability (5), full intelligence-services accountability (21-23) and wilful-destruction offences (NC2).Jul 2025Apr 2026
Tension with David Lammy
Maria Eagle MP
Lead signatory on NC1 requiring a post-legislative review of the duty and an assessment of extending the Independent Public Advocate's powers to gather information and instigate panels.Apr 2026
Paula Barker MP
Liverpool MP and consistent supporter; co-signs NC1 and almost all Liberal Democrat-led Report Stage amendments, prioritising digital records, sub-contractor coverage and intelligence-services accountability.Apr 2026
Anneliese Midgley MP
Co-signs intelligence-services amendments 21, 22 and 23 and pressed the Cabinet Office at orals (4 September 2025) on the timing of the duty of candour.Apr 2026Sep 2025
Jess Brown-Fuller MP
Liberal Democrat justice spokesperson and lead signatory on the most extensive amendment package: NC2 (wilful destruction offence), NC3 (annual independent compliance monitoring), NC4 (legal aid for seriously injured survivors), amendments 1-7, 9, 11-12 (digital records, safe whistleblowing, sub-contractor scope, chief-officer personal liability, standard ethical-conduct template, retrospectivity, immediate commencement).Apr 2026
Tension with David Lammy
Tom Morrison MP
Liberal Democrat (Cheadle); lead signatory on amendment 25 to extend the offence of misleading the public to press statements, media briefings and other communications intended for dissemination by a recognised news publisher.Apr 2026
Seamus Logan MP
SNP; lead signatory on amendment 20 requiring the head of an intelligence service to notify the ISC in writing when the clause 6 carve-out would otherwise disapply the duty.Apr 2026
Tension with David Lammy
Luke Myer MP
Lead signatory on amendments 13-18 to extend the duty of candour, the misleading-the-public offence and related provisions to MPs and members of the House of Lords, subject to a parliamentary-privilege carve-out with a Speaker/Lord Speaker certificate.Apr 2026
Tension with David Lammy
Andy Slaughter MP
Lead signatory on NC5 (six-month review of the merits of an independent oversight mechanism for candour following inquests/inquiries) and NC6 (a continuing monitoring duty on public authorities to ensure officials act on inquest/inquiry recommendations with candour).Apr 2026
Spotlight on Corruption
Written evidence POAB14 argues for stronger enforcement and sanctions and questions the breadth of the intelligence-services carve-outs.Nov 2025
Hacked Off
Written evidence POAB15 supports the misleading-the-public offence and presses for it to apply to communications via the press, aligning with Tom Morrison's amendment 25.Nov 2025
Chinook Justice Campaign
Written evidence POAB09 brings the perspective of the 1994 Chinook crash families, supporting a strong duty that would have prevented decades of obstruction.Nov 2025
WhistleblowersUK
Supplementary written evidence POAB18 argues that clause 9 codes must include defined safe routes for protected disclosure and confidence-keeping (aligned with Liberal Democrat amendment 6).Dec 2025
Bishop James Jones KBE
Author of the 2017 'Patronising Disposition of Unaccountable Power' report whose recommendation 24 — a statutory duty of candour — is the immediate intellectual source of the Bill.Nov 2017
Hillsborough Independent Panel
2012 Panel chaired by Bishop Jones whose HC 581 report disclosed the institutional cover-up that the Bill addresses; cited in the Daniel Morgan Independent Panel's call for a duty of candour for all law enforcement.Sep 2012Jun 2023
Independent Public Advocate
Written evidence POAB13 sets out how the IPA's existing functions interface with the Bill's duties and supports a clearer post-incident architecture.Nov 2025
Engaged, but no published position in the corpus
- Ministry of Justice —
- Cabinet Office —
- Public Bill Committee on the Public Office (Accountability) Bill —
- Professional Standards Authority for Health and Social Care —
- Security Service, SIS and GCHQ (intelligence services) —
- Intelligence and Security Committee of Parliament —
- Tessa Munt MP —
- Douglas McAllister MP —
- Justin Madders MP —
- Former Members of the Hillsborough Family Support Group —
- Centre for People's Justice —
- Dr Minh Alexander —