Introducing the Public Office (Accountability) Bill in September 2025, the UK Government stated that it will “ensure tragic injustices of the past and institutional failures are never repeated”.
The Bill was introduced in response to a number of “major incidents and scandals” including the Hillsborough disaster, Windrush scandal and Grenfell Tower fire. Following these and other scandals, public authorities “were alleged to have acted defensively or withheld information”. The Bill, which seeks to ensure authorities have legal responsibilities to act with candour, is also known as the Hillsborough Law.
The Bill would also make seriously improper conduct in public office a criminal offence. The offence would apply to Senedd Members as well as Welsh Ministers.
A similar bill was introduced by Andy Burnham MP in 2017, as a Private Members' Bill, but it fell when the UK Parliament was dissolved. The UK Labour Party committed to introduce a Hillsborough Law in its 2024 manifesto.
This article summarises key provisions in the Bill, their significance for Wales, and the Welsh Government’s role (or lack of) in its development.
Key provisions in the Bill
Duty of candour and assistance
Clause 2 of the Bill would place a ‘duty of candour and assistance’ on public authorities and public officials. This means that they would be required to act with “candour, transparency and frankness” when taking part in inquiries and investigations. It would aim to stop authorities covering up any complicity following disasters or scandals. The introduction of such a duty has been a longstanding call of the Hillsborough Law Now campaign group.
This duty would apply to Welsh Government Ministers and other public bodies in Wales, such as NHS bodies.
Clause 5 would create a new offence for intentionally failing to comply with the duty.
Standards of ethical conduct
Clause 9 would introduce a duty on public authorities to “promote and take steps to maintain high standards of ethical behaviour”. Ethical behaviour is defined in line with the Nolan Principles.
Public authorities would also be required to adopt a ‘code of ethical conduct’, which should outline the standards of behaviour expected from people who work for the authority. The authority must make its employees aware of the code and decide on sanctions for breaching it.
These provisions would apply to the Welsh Government and other public bodies in Wales, but not to the Senedd, or other parliaments in the UK, as these “have their own processes for establishing and enforcing ethical standards”.
Misleading the public
Clause 11 would create a new offence of ‘misleading the public’. The offence would apply “where a public authority or public official acts with the intention of misleading the public (or is reckless as to that possibility) and they know, or ought to know, that their act is seriously improper”. The ‘public’ in this context means the UK public or a section of the UK public. It would not apply to individual interactions.
The offence is intended to capture “the most serious instances of public officials or authorities misleading the public”, as opposed to “instances of accidental or inadvertent misleading”.
Examples of when this might apply include:
…the chief executive of a hospital instructing staff to lie to the press about a major incident in order to avoid criticism, a police force issuing a public statement that they know gives a false account of events or a cover-up by a government department about the harmful consequences of a policy.
The offence would not apply to a person exercising functions related to devolved matters. For example, it would likely not apply to a local authority employee undertaking care or education related work, as these are devolved matters. However, it may apply to an employee dealing with anti-social behaviour or health and safety, as these are reserved.
Misconduct in public office
The Bill would introduce two new offences relating to misconduct in public office, while abolishing the existing common law offence. These new offences build on the recommendations of the Law Commission, who note that the existing offence is “widely considered to be ill-defined”.
Clause 12 creates a new offence of ‘seriously improper acts’. This offence would apply where someone who holds public office uses that office to benefit themselves or another, or to cause another person to suffer a detriment, and they know (or should know) that the act is seriously improper. Clause 13 creates a new offence of ‘breach of duty to prevent death or serious injury’. This offence would apply where a person who holds public office “causes, or creates a significant risk of causing, another person to suffer critical harm, in breach of a duty to prevent such harm”.
These provisions would apply to Welsh Ministers, Civil Servants, Members of the Senedd, and staff of the Senedd Commission, as well as members and staff of local authorities in England and Wales, police officers and fire and rescue workers.
Non-means tested legal aid
Clause 18 of the Bill would expand the availability of non-means tested legal aid to mean that “where a public authority is represented at any inquest as an interested person, legal aid will be available for bereaved families”.
This follows many calls in recent years to address potential imbalances of power that can arise when public bodies with significant resources are involved in legal proceedings.
According to the Welsh Government, the UK Government’s view is that public authorities, or their responsible government departments, should contribute towards legal aid costs for bereaved families where they are an interested person at an inquest. As legal aid is reserved, the Welsh Government expects that the UK Government will meet any additional cost resulting from this.
Intergovernmental discussions
As the Bill makes provision in relation to Wales that has regards to devolved matters, the Welsh Government laid a legislative consent memorandum (LCM). While the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, Huw Irranca-Davies MS, states within the LCM that he is supportive of the Bill’s principles, he also raises concerns relating to the UK Government’s engagement on the Bill.
The LCM states that the Welsh Government has had “limited engagement and involvement with the development of the Bill”, and that information has been predominantly shared on a “for information” basis. The Welsh Government received a final draft of the Bill on 11 September, three working days before its planned introduction to the UK Parliament. Explanatory notes were provided to the Welsh Government, a day before the Bill’s introduction.
As such, the LCM states that ensuring “adequate engagement” to understand the “scope, implications and impact” of the Bill has been “challenging”.
The LCM also notes disagreements between the Welsh and UK governments with regards to which provisions require the consent of the Senedd.
The Welsh Government is seeking further information before it is able to recommend that the Senedd grants its consent.
From Bill to Act
You can follow the progress of the Bill through the UK Parliament here. Ahead of the final amending stage, the Senedd will vote on whether to grant its legislative consent. In the meantime, the Senedd’s Legislation, Justice and Constitution Committee and Public Accounts and Public Administration Committee will consider the LCM.
More information on the Bill can be found in the explanatory notes and this House of Commons Library briefing.
Article by Adam Cooke, Senedd Research, Welsh Parliament
