Analysis warns Hillsborough Law could curb transparency and free speech

A new Policy Exchange paper contends that the Public Office (Accountability) Bill, popularly called the Hillsborough Law, may paradoxically undermine openness in the British state. While the legislation fulfills Labour’s 2024 manifesto promise by imposing a statutory duty of candour on public bodies and providing legal aid for bereaved families, it also introduces new offences, notably an ill-defined crime of misleading the public, and forces every authority to adopt an ethical code.

Critics such as Richard Ekins, Stephen Laws and Lord Butler warn that the vague “misleading” offence could inundate the Director of Public Prosecutions with politically motivated prosecutions, chilling democratic discourse and prompting civil servants to refuse ministerial instructions. The mandatory ethical codes could spark costly legal challenges, and the expanded duty of candour may compel officials to document defensively, hampering inquiries. The authors call on the House of Lords to repeal clause 12 and make the ethical-code requirement immune to judicial review, lest the bill damage internal government workings and public confidence.