Hillsborough Law will make it a criminal offence for prime ministers and cabinet ministers to deliberately mislead the public – but not backbench MPs.
Democracy campaigners say a “historic” measure within the flagship legislation has gone under the radar, which is a move to “criminalise lying” by senior politicians.
That is through a new standalone offence of “misleading the public”, punishable by up to two years in jail.
This will apply to heads of government departments, civil servants and public officials such as police and NHS staff, if they intentionally mislead the public in a way that is “seriously improper”.
MPs and peers are currently exempt – but dozens of backbenchers argue that should not be the case.
Labour MP Neil Duncan-Jordan told Sky News: “MPs shouldn’t be above the law. Politicians have such a low standing with the public and that’s got to change.”
Mr Duncan-Jordan is one of over 30 MPs who have backed an amendment by Labour MP Luke Myer, calling for the remit to be extended to all members of both houses of parliament.
Mr Myer is understood to have held discussions with ministers and backbench colleagues to ramp up support for his plan ahead of the bill returning to the Commons for its report stage.
‘No-brainer’
One Labour source described it as “turkeys voting for Christmas”, but independent MP Rosie Duffield, who resigned from the party in 2024, said backing the amendment should be a “no-brainer”.
The Canterbury MP said trust is at an “all-time low” and the new offence could stop ministers lying or withholding information about connections to certain people or companies.
She said that level of transparency should also apply to “ordinary backbenchers” to restore trust, as “when a few at the top are embroiled in scandal, it besmirches us all”.
Bill’s delayed journey through parliament
Hillsborough Law’s passage through parliament was pulled last month following a row between the government and Hillsborough families over how it would apply to the security services.
Liverpool MP Ian Byrne, who has led work on Hillsborough Law and supports Mr Myer’s amendment, this week urged the prime minister to apply it in full to all public officials “without further delay”, saying the Peter Mandelson scandal shows exactly why it is necessary.
The bill – officially known as the Public Office Accountability Bill – follows a decades-long campaign by families bereaved by the 1989 football stadium disaster, which claimed 97 lives and led to a cover-up of police failings.
Much of its focus has been on the duty of candour, which establishes new requirements for public officials to act with honesty during investigations and inquiries into the state.
This duty is under pinned by the misleading the public offence, but the offence itself is not limited to inquiries.
Campaigner Marcus Ball, who tried to prosecute Boris Johnson over claims on Vote Leave’s “Brexit Bus”, described this as a “historic” move which would “criminalise lying in politics” for the first time.
However, he called for the offence’s remit to be extended, saying it is “completely illogical that this same law does not extend to backbench MPs or Lords”.
Remember this? Pic: PA
Free speech concerns
The government argues MPs and peers should be exempt as they do not make decisions on behalf of the state.
Experts said this is still a significant step towards a better culture of accountability, though not as straightforward as punishing ministers for “telling fibs”.
The government has added a clause which requires proof of harm or potential harm in order to be charged with misleading the public, which some MPs argue could weaken its effectiveness.
However, other MPs have expressed concern about free speech. Conservative MP Mike Wood argued in the Commons that the new offence may subject ministers to “politically motivated lawfare”, and disagreements “must be a matter for the ballot box rather than the courtroom”.
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Officials stress the offence is intended for serious cases, such as public officials spreading false narratives about events – as happened with Hillsborough. It won’t apply to words said in parliament as that is covered by privilege, a long-standing convention that allows politicians to debate freely.
A government spokesperson said: “We are committed to delivering this vital piece of legislation, changing the balance of power, so the state must always act for the people it serves. The Hillsborough disaster will remain in our national consciousness for its tragedy and disgraceful injustice.
“The bill will lead to a public service that truly acts in the public interest. But for those who don’t, there will be criminal sanctions for the most serious breaches, including for misleading the public in a way which is seriously improper.”
