The Hillsborough Law will not be implemented before the next anniversary of the disaster as promised, the government has confirmed.
In a statement to Sky News, a spokesperson said that after consulting with families, “more time is needed” to draft the best version of the legislation.
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Sky News understands families had concerns about the “duty of candour” element being watered down, with a source close to the discussions calling what was proposed an “absolute mess”.
The duty of candour was meant to put a legal duty on public authorities and officials to tell the truth and proactively cooperate with official investigations and inquiries, with criminal punishments for those who breach it.
However, the source said what was proposed had “that many loopholes” that the duty would be rendered “useless and ineffective”.
The duty was “completely watered down” to parity of arms, they added, which would require fair funding of legal assistance so one side does not have all the expertise because of unlimited taxpayer funding.
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While the delay is “hugely disappointing”, they welcomed that the government “appears to have realised it needs redrafting”.
The next anniversary of the 1989 disaster, on 15 April, will mark 36 years since 97 fans were unlawfully killed after gross negligence by police at an FA Cup semi-final between Liverpool and Nottingham Forest at Hillsborough Stadium in Sheffield.
Shortly before kick-off, supporters were let through a gate, which caused crowding in the stand and a crush.
Nobody has ever been convicted for its subsequent cover-up, which sparked a decades-long fight for justice.
The Hillsborough Law is also supported by victims of the Grenfell Tower fire, infected blood scandal, and bereaved COVID families, who want to prevent cover-ups in the event of future tragedies and give victims better access to justice when going up against the state.
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Government ‘fully committed’ to duty of candour
Sir Keir Starmer first promised the long-awaited legislation two years ago while in opposition, and after winning the general election last year said it would be on the statute books by the time of the next anniversary.
However there was speculation the deadline would be dropped after he reportedly cancelled a meeting with campaigners last week.
The delay was confirmed in a letter to families from Justice Secretary Shabanha Mahmood.
Ms Mahmood said that after engaging with groups and representatives, the government feels it is “right we take more time to ensure we have the best, most effective Hillsborough Law”.
She acknowledged this will be “disappointing news”, adding that the government remains “committed to a Hillsborough Law that will include a legal duty of candour for public servants and criminal sanctions for those who refuse to comply”.
She said: “We are not walking away. In fact, our engagement with victims, families and survivors will only increase in the weeks ahead. We are determined to listen and work with families and campaigners.”
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A government spokesperson echoed that sentiment, telling Sky News: “The Hillsborough disaster is one of the greatest stains on British history, and the families of those who lost loved ones have shown endless determination to get justice.
“Having consulted with these groups over the past few weeks, we believe more time is needed to draft the best version of a Hillsborough Law.
“We remain fully committed to bringing in this legislation at pace, which will include a legal duty of candour for public servants and criminal sanctions for those who refuse to comply.”
