I beg to move Amendment 35, in schedule 1, page 25, line 23, leave out from “direction” to the end of the sub-paragraph and insert

“should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

See Amendment 38.

With this it will be convenient to discuss the following:

Amendment 36, in schedule 1, page 28, line 38, leave out from “direction” to the end of the sub-paragraph and insert

“should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

See Amendment 38.

Amendment 37, in schedule 1, page 31, line 34, leave out from “direction” to the end of the sub-paragraph and insert

“should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

See Amendment 38.

Amendment 38, in schedule 1, page 34, line 15, leave out from “direction” to the end of the sub-paragraph and insert

“should be given to a public official working for an intelligence service or the head of such a service pursuant to section 2(4) and section 2(5) of the Public Office (Accountability) Act 2025 as applicable to any other public authority, but may not be given to any other public official if it would require the official to provide information relating to security or intelligence, within the meaning of section 1(9) of the Official Secrets Act 1989, and any such public official is not required to provide any such information in response to a direction given in breach of this sub-paragraph.”

Amendments 35 to 38 would extend the application of the duty of candour and assistance to the intelligence services but would disapply it to individual officers.

It is an honour to serve under your chairship, Sir Roger. These amendments do nothing more than fix something in the current draft of the Bill, which seems inadvertently to have carved out the security services—an area that could be strengthened, as we heard during the evidence session last week. The amendments seek to extend the duty of candour and assistance to the intelligence services as organisations, ensuring that they as bodies are required to be open and co-operative with the inquiries and any investigations. The Amendment balances accountability with national security, by stating that direction will not be given to public officials

“if it would require the official to provide information relating to security or intelligence”.

Several of our witnesses last week gave evidence that laid out various examples of how the security services had failed to be fully candid, disregarded accountability, and, at times, misled inquiries. We also know that the Government assured campaigners, Members and other interested parties that there would be no carve-out for the security services in the Bill. The security services do an incredible job in keeping us safe and ensuring that our country’s interests are protected. It is right that their work is covered by the secrecy Act; no one wishes to change that. However, because of that power they should be held to highest standards of accountability. We know that in recent history that has not been the case.

Last week we heard from Pete Weatherby, who, as well as working with the Hillsborough families, supported several families impacted by the Manchester Arena bombing. He said:

“There was a major failure of the intelligence services and the way they dealt with the aftermath of the bombing…MI5 then put an incorrect narrative—a false narrative—to the inquiry itself. The judge, the chair of the inquiry, found that the corporate case that it had put was incorrect.”––[Official Report, Public Office (Accountability) Public Bill Committee, 27 November 2025; c. 6, Q3.]

The amendment would ensure, as much as any law can, that that could not happen again, by explicitly ensuring that the security services are accountable to this Bill and therefore to a public who willingly consent to how these organisations work to protect us and our country. This amendment would not endanger national security. It would not impact the way in which some evidence is required to be provided in closed sessions. It would provide the security services with the necessary safeguards to ensure that secret and classified information is protected.

This is what happens now. We heard from the journalist Daniel De Simone, who worked on the agent X story, where the security services tried to mislead and were found out. His testimony stated:

“I do not think it is wrong that there are special advocates in closed material procedures; it is now an established part of a court process. What it does do, though, is place a special responsibility on MI5 to be candid, because their evidence is often very important in very significant cases, where there has been significant loss of life, where people’s citizenship is being removed or where people are being deprived of their liberties.”––[Official Report, Public Office (Accountability) Public Bill Committee, 27 November 2025; c. 95, Q138.]

Because of that, it is vital that we do not allow any carving out, intentional or otherwise, of the security services, to ensure that they, too, are held to account and must tell the truth. That will strengthen not only their work, but the trust that we place in them.

I emphasise that we need clarity on this. Those of us who were able to attend the meeting with the intelligence services will know that they seemed to provide quite a clear account of their individual personal responsibility and all the ways in which they thought the Bill would affect them. That was quite clearly contradicted in our evidence from other witnesses. I am grateful to the Minister for sending round a further note to Committee members this morning, and for our brief chat ahead of this sitting. Even that note raises further contradictions, however, because it says, and I quote, that “the individual public officials working for the UK intelligence services are capable of being caught by the offence of failing to comply with the duty of candour”. It lists some other ones, but it includes the duty of candour. Further down, it says, “the Bill specifies that the duty of candour and assistance can only be addressed to public authorities and not individual public officials”.

The Minister was able to give me a brief, informal explanation of that, but I do think this is extremely important. It may be that people are happy for the security services to be excluded to a certain extent, but we have to vote on a shared understanding of what exactly the Bill does in relation to them as entire organisations, as well as to the people who work for them and those who are in charge. I would be grateful if the Minister provided some clarity on that.

I thank hon. Members for raising those important points. In this Bill, we have aimed to ensure candour while protecting national security. As it stands, inquiries and investigations will be able to demand any information and assistance they require from the intelligence services. Where national security information is concerned, the agency as a whole will provide that assistance to the inquiry or investigation by complying with a compliance direction, rather than individuals directly in their own right.

To balance that, and to ensure that there are no gaps, carve-outs or exclusions, those in charge of the agencies are subject to specific requirements to put arrangements in place for individuals to maintain records of information relating to any acts that may be relevant to an inquiry or investigation, and to provide information to the authority to ensure that the duty is complied with as set out in Clause 6. Rightly, a failure to have these arrangements in place will result in criminal sanctions.

Intelligence services obtain and retain sensitive security and intelligence information in order to protect the public from national security threats. Vital public interests, including national security, would be at real risk of harm from the unrestricted disclosure of this sensitive information. We all share the same aims here—ensuring that candour is in place while protecting national security and the public.

Taking on board the points raised by Hillsborough Law Now and others, we constructed clause 6 in such a way as to ensure that there is a secure process that the intelligence services can work through so that any information required by an inquiry or investigation reaches that place safely, so that there can be full candour. However, we have heard the concerns from Hillsborough Law Now and from members of this Committee about our provisions. I assure hon. Members that the Government have taken their points on board, and we will commit to working with them and others actively to consider steps to address this in time for Report.

I turn to the other amendments, which set out that the intelligence authorities are to be listed as a public authority for the purposes of the duty of candour and assistance, and the code of ethical conduct in schedule 2. Clause 6 already makes it clear that the duty applies to the intelligence services as it applies to all other public authorities; therefore, it is beyond doubt that they are included, as a public authority, in the Bill.

We have not set out an exhaustive list of public authorities in schedule 2 to avoid unintentionally excluding some bodies by failing to list them. No individual Department or arm’s length body of central Government is included in the list for that purpose. If we begin to list public bodies, there is a risk that we imply that those not listed are not covered, which could weaken the Bill. I urge the hon. Member for Cheadle to withdraw his Amendment, but I reiterate my commitment to working with Members on a way forward to capture all the concerns raised both in the Committee and outside of it.

I thank the Shadow Minister for the points that he made; he is spot on that the lack of clarity in the Bill, particularly surrounding what came out of the evidence sessions, raises more questions than answers. However, I am pleased that the Minister has said that the Government are happy to work with us on tightening those gaps before Report. This is not about unrestricted evidence; it is about getting to the truth, which must be our focus throughout. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 3, in schedule 1, page 26, line 30, at end insert—

“(1A) Inquiries under subsection (1) include those designated by the Secretary of State as local inquiries into grooming gangs.”

This amendment would apply the Duty of Candour to the five local grooming gangs’ inquiries announced by the Government and any further ones established.

With this it will be convenient to discuss Amendment 1, in schedule 1, page 29, line 9, after “an inquiry” insert

“, independent panel or review established by a Minister”.

This amendment ensures that the statutory duty of candour and assistance extends automatically to independent panels and reviews established by Ministers of the Crown.

I rise to speak to Amendment 3, and I also welcome the intention behind amendment 1. Amendment 3 relates to the scope of the duty of candour as it applies to non-statutory inquiries. Members will know that the Bill does not just impose a duty of candour on public bodies in major statutory inquiries that are set up under the Inquiries Act 2005; it allows Ministers to apply that same duty to non-statutory inquiries—or inquiries that, for various sensible reasons, may not require the full statutory machinery but none the less investigate matters of profound public concern.

Paragraph 2 of schedule 1 sets out the conditions under which a non-statutory inquiry may fall within the Bill: it must be initiated by a Minister; it must be intended to produce a published report; and the Minister must certify that the events in question have caused, or are capable of causing, public concern. That is a broadly drawn but important framework. However, there is a real risk that some of the most sensitive, complex and deeply distressing inquiries currently being established will fall entirely outside this regime.

I refer specifically to the local grooming gangs inquiries announced by the Government. These inquiries were promised to victims, survivors and affected communities as part of the commitment to shine a light on failures by public agencies over many decades to protect vulnerable children. They will be examining events that could not be more clearly connected to public concern and public confidence. Unless they are expressly captured by the Bill, however, the public bodies involved will not necessarily be subject to the statutory duty of candour that the Bill intends to deliver; it will be left to the whims of the Government of the day. Given the chequered history of this Administration, that is not a position that we would want to be left in, and it is not a position that many victims would want to be left in.

The amendment is therefore designed to remove any doubt by making it clear that the non-statutory inquiries designated by the Secretary of State as local grooming gang inquiries fall squarely within paragraph 2. It is a simply, clarifying amendment that protects victims, the integrity of the process and the public from the possibility of these inquiries falling into a grey area.

It is worth reminding the Committee why this matters. Across multiple towns and cities, victims were failed because agencies did not share information, confront uncomfortable truths and, in some cases, tell the public the full story. A duty of candour is not a mere formality in this context; it is an essential means by which we ensure that the same patterns of silence, defensiveness and institutional self-protection do not re-emerge.

If the Bill’s purpose is to raise standards in public life, to restore trust and to ensure openness in the face of institutional wrongdoing, surely these inquires—the very ones where a failure of candour has had the most devastating impacts—must be included explicitly. The Government may well argue that the wording already allows these inquiries to be covered. If that is the case, there is no harm in making it clear. If it is not the case, there is every reason for us to fix that today.

This amendment is not partisan. We heard from Mayor Burnham about his direct experience of a local grooming gang inquiry that lacked a duty of candour, and how he felt the inquiry would have benefited enormously from one. He supported our amendment to ensure that all other local inquiries would be subject to such a duty once the Bill became law.

The timing may not be perfect, but given the speed with which the Government seek to proceed with the Bill, and the positive impact it could have even now if public officials knew that this was incoming, I cannot see any reason why the Government would oppose the measure. It is straightforward and would ensure that when victims and survivors are told that lessons will be learned, we will do everything possible to guarantee that that is done honestly, fully and transparently by ensuring that inquiries have all the information they need.

Amendment 1—I believe this was touched on earlier, in relation to panels and what will fully constitute inclusion in the Bill—is helpful to ensure that when a Minister commissions one of these important panels, it is not simply left to them to decide whether it suits them to include the duty of candour. I therefore welcome that amendment.

I rise to support Amendment 1, tabled by my hon. Friend Yasmin Qureshi, and supported by several other hon. Members, both on the Committee and outside it.

The amendment would ensure that the Bill’s duty of candour and duty to assist apply automatically to independent panels and reviews established by a Minister of the Crown. It makes a simple and technical addition to schedule 1 and, as it has been accepted, is within the scope of the Bill and does not therefore extend it. Hon. Members know that I have a particular interest in independent panels, but the amendment simply seeks to apply the duty of candour and assistance to independent panels that Ministers can set up at any time if they so wish. It would be an anomaly for it not to be included, particularly given that independent panels are becoming a more common way of trying to get to the truth about somewhat complex events.

Hon. Members may be aware that my hon. Friend the Member for Bolton South and Walkden is chair of the all-party parliamentary group on Primodos. I, too, have constituents who have been affected by Primodos. I think there was a particular penchant in the north-west for prescribing it as an oral pregnancy test. It was not a drug or a treatment as such; it was a diagnostic test to see whether someone was pregnant. There seems to have been a lot of it prescribed in the north-west of England.

Since the 1960s and 1970s, there have been campaigns to try to find out whether—and, latterly, to try to get it accepted that—Primodos, an oral hormone pregnancy test, caused life-changing and devastating congenital abnormalities, stillbirths and miscarriages. I have constituents who have been affected, both those whose children are still alive and those whose children are not. The all-party group has been campaigning for many years, under my hon. Friend’s chairmanship, to get some resolution for those families.

The all-party group has conducted investigations. There have been failed legal actions against the manufacturers of Primodos. In 2017, the Medicines and Healthcare products Regulatory Agency expert working group gave rise to great hope that there might be a way forward for those affected, but that was a disappointment. In fact, I think that if my hon. Friend the Member for Bolton South and Walkden were moving this amendment, she would say that it was quite clear that key evidence was minimised or discarded, that families were excluded from those considerations and that the conclusions appeared to go further than the remit that the working group was given.

I want to put on record our thanks to Marie Lyon for all the work that she has done. She outlined exactly what my right hon. Friend has said about that report, and the families’ disappointment about the lack of a duty of candour. I therefore fully support the proposal.

I know Marie Lyon; I have met her on a number of occasions because I have constituents who are affected. She runs the Association for Children Damaged by Hormone Pregnancy Tests, and she has been the mainstay of the campaign, which has been going on since 1978, to try and get some resolution for these matters. I am happy to support my hon. Friend’s thanks to her.

One thing that could assist those families in respect of Primodos is an independent panel, which would go much further than the Medicines and Healthcare products Regulatory Agency expert working group, and which would collect documents and approach the issue from a transparency point of view. Given that the families’ attempted legal actions have not succeeded, that seems to me a likely next way forward. But the reality is that if the Bill comes into force and independent panels are not specifically included, those families may feel as though they are in a disadvantageous position. It is on that basis that I seek to move Amendment 1.

The right hon. Lady will understand that Amendment 1 will not be moved now; it will be taken when the schedule is reached at the end of the Bill. At that point she will need to indicate if she wishes to press it to a Division.

Indeed.

I rise to support Amendment 3, proposed by the hon. Member for Bexhill and Battle. I am also a co-signatory of amendment 1, and I thank the right hon. Member for Liverpool Garston for her reference to it. I echo the comments that have been made about Primodos and many other things. We have investigations, inquiries, inquests, and independent panels—and no doubt something else will come up at some point. Will the Minister clarify that point and agree that we should have some common language to cover all those things? As has been mentioned, independent panels do come up quite often.

I seek clarity on investigations and inquiries that might be taking place already. My understanding is that the Bill will not affect them, so if someone has something that they want to raise, they will probably need to wait until the Bill has become law. That seems slightly perverse, in that there may be people who want something done within the next six months who are going to have to sit and wait. I would like some clarity on that.

I thank hon. Members for a useful debate getting into the detail the provisions—that is why we have Bill Committees. It would be beneficial for me to clarify exactly how the Bill applies to non-statutory inquiries, as outlined by my right hon. Friend the Member for Liverpool Garston. The duty of candour and assistance will apply to all statutory and non-statutory inquiries and inquests described in schedule 1. Non-statutory inquiries are defined as those caused by a Minister; those that include the delivery of a report with a view to publication; and those that the Minister has confirmed in writing relate to matters of public concern.

This is the first time non-statutory inquiries have been set out in law, but we envisage that this category could include investigations held under other names, such as independent panels, provided the criteria set out are met. Amendment 1 would automatically extend the duty of candour and assistance to independent panels and reviews established by Ministers. The Bill includes a power to extend the duty to other categories of investigations, or to specific investigations via secondary legislation. It is therefore not the case that if an investigation is not covered in the Bill, the duty of candour can never apply.

To give an example, if the local authority children’s services department sets up an investigation into something or does one of its serious case reviews—or whatever they are called now—are that organisation, the people within it and the actors in the event that prompted it covered by the duty of candour? Can the Minister be really clear about that?

I am happy to confirm that they will be. They are not currently, but the Government are tabling an Amendment to cover that point, and we will come to it later in Committee. Should that amendment be made, the Bill will cover those local authority investigations.

The Cabinet Office is undertaking further work to look at how we reform inquiries. As part of that, we will consider how the different types of inquiries, reviews and investigations could be more clearly defined, and when and how they could best be used. That will inform how the duty is used.

The duty of candour and assistance is a powerful tool to ensure co-operation with investigations, but it would not be useful in all circumstances. Most reviews focus on matters of policy or technical issues— for example, the curriculum and assessment review, the net zero review and the review of the future of women’s football. In those cases, applying the duty would be unnecessary and might risk making reviews more difficult to establish and slower to report. Where the duty is applied, it must be properly monitored and enforced, and therefore frameworks for compliance and the protection of information need to be in place. We must avoid unintentionally impeding or delaying certain types of investigations by introducing unnecessary and unhelpful processes and bureaucracy. We therefore think the Bill strikes the right balance in which investigations it applies to, with the power in the Bill providing us with the tools and flexibility we need to extend the duty where it could be useful.

I have spoken to my hon. Friend the Member for Bolton South and Walkden about how we move forward with her campaign. She has been an incredible and ferocious campaigner for the Primodos families for many years. I have met her and the Primodos families, and I am committed to working with her on a way forward to ensure that the duty of candour can assist.

Amendment 3 is designed to apply the duty of candour and assistance to inquiries that the Secretary of State has designated as local inquiries into grooming gangs. I thank the Shadow Minister for raising this important issue. As he will be aware, we are moving at pace to establish a national inquiry into grooming gangs under the Inquiries Act 2005. It will be overseen by an independent commission with statutory powers to compel evidence and testimony so that institutions can be held to account for current and historic failures. The inquiry will be independent of Government and designed to command the confidence of victims and survivors and the wider public.

The Bill already applies the duty to statutory and non-statutory inquiries called by Ministers, including this new inquiry. To strengthen the Bill, we have also tabled an amendment extending the duty to inquiries called by local authorities, and we will debate that shortly. That amendment, combined with the existing provisions in the Bill, will enable the duty to apply to either local or national inquiries into grooming gangs. I therefore urge the shadow Minister to withdraw his amendment.

On Amendment 1, I accept the Government’s intention to clarify further how these things will operate. On panels and non-statutory inquiries, although there is sometimes in Government a resistance to public inquiries for the wrong reasons, sometimes it is because they are expensive and time-consuming. The real opportunity for applying the duty of candour more widely is that if we can ensure that non-public inquiries get all the information they need, they are much more likely to be successful, thereby avoiding a future public inquiry with all the associated costs that lawyers make a huge amount of money from.

On amendment 3, although the Minister outlined the future public inquiry, the local inquiries have not been cancelled. There is clearly a view that they must also proceed. I cannot see any reason why we would not want them to proceed on the basis that they are subject to the duty of candour.

I am happy to reassure the Shadow Minister that, should the Bill receive Royal Assent, its provisions will apply immediately to ongoing investigations and inquiries. That includes local inquiries, if we pass the Amendment that the Government have tabled. We cannot allow that currently, because the Bill has not become law, but once it has done, it will cover existing ongoing inquiries and investigations and those that are yet to commence.

On that basis, the Minister should not have any objection to the Amendment, because it would confirm that position more explicitly. We will therefore push it to a vote.

Question put, That the amendment be made.

The Committee divided: Ayes 5, Noes 11.

Question accordingly negatived.

I beg to move Amendment 6, in schedule 1, page 27, line 29, after “applies” insert

“by virtue of this paragraph”.

This amendment is consequential on amendment 7.

With this it will be convenient to discuss Government amendments 7 and 4.

As I stated previously, the Government have committed to only strengthening this Bill as it moves through Parliament. That is exactly what this group of amendments does.

Before I move on, I want to say how severely disappointed I am that the Opposition pressed the previous Amendment to a vote, given my assurances that those types of investigations and inquiries will of course be covered by the Bill. That seemed to fly in the face of the statements at the beginning of the Committee sitting, where we said that we would not play party politics with the Bill. It seems, sadly, that the Opposition do not have the same ambition in mind.

Amendment 7 extends the duty of candour and assistance to apply to local authorities and local authority inquiries into serious incidents called by combined, unitary, borough, county and district councils. We have prepared the amendment with previous local inquiries firmly in mind, such as the Kerslake review into the preparedness for and emergency response to the Manchester Arena attack and local grooming gangs inquiries. It would also cover the Edinburgh tram corruption inquiry mentioned by the Mayor of Greater Manchester in oral evidence.

For the duty to apply, inquiries must relate to matters in the local authority’s area and that are within a local authority’s competence or control. There must also have been a significant risk of causing death or serious physical or psychological harm to one or more persons or substantial economic loss to one or more persons as a result of conduct involving dishonesty, impropriety or a serious breach of ethical or professional standards. That ensures incidents that have caused a significant risk to life or corruption are rightfully brought into scope, with the appropriate threshold in place to avoid unintended pressures and inappropriate use.

The rest of the amendment replicates the provisions set out for statutory and non-statutory inquiries in part 1 and part 2 of schedule 1. Amendments 6 and 4 are consequential on amendment 7.

Amendment 6 agreed to.

Amendment made: 7, in schedule 1, page 30, line 18, at end insert—