Labour will not bring the Hillsborough law back to the Commons for debate until it can reach agreement with the families, the Guardian understands.
Keir Starmer was forced to delay the bill again on Monday after talks broke down last week with those affected by the Hillsborough disaster and the Manchester Arena attack. Central to the disagreement is how duty of candour in the public authority (accountability) bill would apply to serving intelligence officers.
The law – designed to stop official cover-ups – would mean those in public office who lie or evade would face prosecution. The government has agreed the law should cover the security services, but wants to give agency chiefs the final say over when individual officers can give evidence, a power the families say is unacceptable and could lead to future cover-ups.
On Friday, the government laid down its own amendments to the bill, which put further obligations on the security services – but still did not go far enough to gain agreement.
A Labour source said there was now no option but to delay the bill until a compromise could be reached that was acceptable to the families and did not affect national security. Families, along with the barrister Peter Wetherby, the architect of the law, met the ministers Alex Davies-Jones and Nick Thomas-Symonds in the Ministry of Justice on Monday, but left without agreement.
Speaking at a press conference earlier on Monday, Starmer said he was determined to find a solution. “I care hugely that we get this right, that we right the wrongs for very many families who have been let down and ensure a better future for families,” he said.
“In relation to the duty of candour, we’ve been clear that that matters. What we’re now trying to do is make sure we get the balance right when it comes to the application of any principle to the security and intelligence agencies.
“Obviously, I have to focus on the national interest – my primary duty as prime minister, which is to keep this country safe and secure. That is the duty I hold above all other duties, and I take it really seriously, which is why we’re taking time to make sure that we get that balance absolutely right.”
MPs said they were relieved the government had pulled the bill from Commons business – but it may now not return for many weeks. About 20 Labour MPs had signed an amendment from the Liverpool West Derby MP, Ian Byrne, which was in line with the families’ demands.
The bill will need to return to the Commons for the report stage and third reading, as well as go through the Lords.
A government source said they were “not putting a deadline” on the talks and that agreement would be needed with the families, the intelligence agencies, the Home Office and Foreign Office, and the intelligence and security committee. Starmer is likely to be involved personally at the later stages of the talks.
Byrne had said he would not be able to support the legislation with the government’s amendments included. The Liverpool city region mayor, Steve Rotheram and the Greater Manchester mayor, Andy Burnham, said on Saturday that the government amendment “risks undermining the spirit of the legislation” and “creates too broad an opt-out” for the security services.
The campaign group Hillsborough Law Now said it welcomed the government “listening to the campaign, families, MPs and supporters by withdrawing their security services amendment”.
Alex Davies-Jones, parliamentary undersecretary of state at the Ministry of Justice, said on Monday night there was “no arbitrary deadline” on when MPs will next debate and vote on the bill, because the families of the victims have asked her not to set one.
“They want us to get it right, and we’re committed to doing that and to getting this policy correct,” she told MPs in the Commons. “As soon as we have more information, I will bring that forward to the house.”
