The Public Office (Accountability) Bill, more commonly known as the "Hillsborough Law", is continuing to advance towards inclusion on the statute books.
The Bill finally completed its progression through the House of Commons in the summer, after some delays earlier this year following disagreement over provisions relating to the intelligence services. Earlier proposals were criticised by campaigners for potentially creating an exemption for these agencies handling sensitive national security information. Revised provisions keep intelligence personnel within the scope of the Bill while introducing safeguards for the handling of security and intelligence information.
The Bill is continuing its progress through the House of Lords but it is already being recognised as a seminal legal development. The Bill has been described by Hillsborough Law Now campaign director Elkan Abrahamson as having the "potential to transform the culture of public service for the better" and as marking the beginning of "a new chapter – one in which honesty, accountability and transparency become the standards the public should always expect from those who serve them.”
More broadly, the Bill reflects a cultural shift towards today’s increased expectations of transparency and accountability when public authorities come under investigation, inquiry or other forms of external scrutiny.
TERRITORIAL REACH
Both the Scottish and Welsh governments have expressed support for the Bill's underlying aims and principles.
In our previous article in December 2025 Public Office (Accountability) Bill (Hillsborough Law) – a new era, we observed that the Scottish Government supported the Bill's underlying principles of accountability, candour and transparency. At that time, the Bill’s Scottish application was largely confined to the proposed duty of candour and assistance and ethical conduct provisions.
In February 2026, a Supplementary Legislative Consent Memorandum confirmed the Bill's Scottish application would expand considerably. In addition to those provisions on the duty of candour and assistance and ethical conduct, the Bill will extend the proposed offences of misleading the public and misconduct in public office to Scotland. The Bill’s parity of arms provisions to only engage legal representation insofar as necessary and proportionate will apply to Scottish public authorities participating in a UK inquiry, and the Bill includes provision enabling Scottish Ministers to introduce non-means-tested legal aid for participants in Fatal Accident Inquiries. These changes put beyond doubt that the Bill creates a broader accountability framework for public authorities and public office holders in Scotland.
A second Supplementary Legislative Consent Memorandum in July 2026 considered additional amendments to the Bill made by the UK Government during the passage of the Bill through the House of Commons and continued broad agreement, concluding “The Scottish Ministers are supportive of the aims of this Bill and believe it will significantly contribute to improving accountability and full evidence disclosure at relevant inquiries and investigations. The Scottish Government therefore recommends that the Scottish Parliament consent to all relevant clauses of the Bill.”
The message from Wales through its series of Legislative Consent Memoranda is broadly similar, including introduction of the new offence of misleading the public. The third such Memoranda notes “it is appropriate to make these amendments in the Bill to reduce complexity and maximise the clarity and coherence of the law. and allow for a consistent approach across the UK.”
Taken together, these developments demonstrate a consensus across the UK in support of the Bill's emphasis on candour, transparency and accountability – and highlight the importance of public officials and leaders ensuring that effective systems are in place to achieve these three objectives.
PREPARING FOR THE HILLSBOROUGH LAW
Public authorities should consider whether their governance arrangements can meet the standards envisaged by the Bill. Public authorities are already expected to act openly, fairly and in the public interest when responding to inquiries, investigations and other forms of scrutiny. What the Bill seeks to do is place those expectations on a clearer statutory footing.
Although the Bill has not yet completed its parliamentary passage, public authorities should not assume that these issues can be deferred until it becomes law. Organisations should review how they respond to investigations, inquiries, inquests and other forms of scrutiny, particularly where their conduct or decision-making may be in issue.
As the Bill approaches the end of its passage through the House of Lords, organisations should consider whether their culture supports early, frank and constructive engagement when concerns arise. Organisations should ensure that approach is reflected in arrangements for record keeping, document preservation, witness preparation and co-operation with external investigators.
For those in England, in July 2026, the Ethics and Integrity Commission launched a new Code of Ethics review in order to produce non-statutory guidance for public authorities to meet their requirements under the Public Office (Accountability) Bill. The Commission confirmed plans to carry out three short foundational research projects to inform this work, focusing on mapping the landscape; embedding ethical conduct; and reflecting on principles and behaviours. For English public authorities, the call for evidence in this review (which is open until 27 September 2026) represents an opportunity to contribute to the shape of the non-statutory guidance, which is likely to apply to them in future. The Commission intends to submit its review report and non-statutory guidance to the Prime Minister in 2027
For many public authorities, the principles underpinning the Bill will already be familiar. The challenge is ensuring that those principles are embedded consistently in both organisational culture and day-to-day practice when scrutiny arises.
To discuss how your organisation can do that, please contact our Public Inquiries lawyers Paul Marshall, Jenna Wong, or your usual Brodies contact.
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