The Scottish Government has rejected calls for a "Hillsborough law" giving new rights to bereaved families affected by public tragedy. Ministers believe the justice system is "robust" and have dismissed specific legislation as "unnecessary".
Scottish Labour Anas Sarwar, who has led the campaign for a new law, said: “This shameful complacency from the SNP is simply not good enough. Just like the rest of the UK, Scotland desperately needs new laws to reset the balance between powerful public bodies and the people at the heart of disasters and public scandals."
The so-called Hillsborough Law, which would apply in England, is the legacy project of the families and survivors of a disaster that took the lives of 97 Liverpool fans. Championed by Greater Manchester mayor Andy Burnham, the law would give families better access to money for legal representation at inquests and place a "duty of candour" on police officers and public officials.
It would also adopt a Charter for families bereaved through public tragedy which would be binding on all public bodies. A requirement that evidence and findings of major inquests must be taken into account at any criminal trials would also be put into law.
Sarwar announced plans for a Scottish version last year after the scandal surrounding the death of 10-year-old Milly Main at Glasgow’s Queen Elizabeth University Hospital. His “Milly’s Law’ contains very similar proposals to the English plan and was first revealed by the Record.
Burnham and First Minister Nicola Sturgeon discussed the law plan in August, but a Scottish Government document revealed scepticism.
It stated: “The Scottish Government shares the horror at the loss of life at the Hillsborough disaster and the deep concern that has arisen over institutional failings that have come to light during legal proceedings over many decades.
“Scotland has a different courts structure to England and Wales, and has never had a system of Coroner’s inquests. Instead Scotland has Fatal Accident Inquiries (FAIs) which are instigated by the Lord Advocate, acting independently of Government.”
The briefing stated that the FAI system had been “modernised”, with “greater support and communication” being given to bereaved families. It read: “Similarly, legal aid is already available on a means tested basis to families involved in FAIs. Whilst we are by no means complacent, we are of the view that the Scottish justice system is in robust shape to respond to future tragedies and a specific ‘Hillsborough Law’ is unnecessary in Scotland.”
It added that the Government is implementing recommendations to “improve transparency” in the police service. A note of the meeting showed Sturgeon flagging up “the different legal contexts” and said “duty of candour” measures for police were being consulted on.
Sarwar blasted: “The truth is those seeking justice in Scotland too often find institutions working against them instead of for them. We can see that clearly in the disgraceful response to the tragic deaths at the QEUH, where bereaved families were forced to fight every step of the way to make sure the truth came to light.
“Scottish Labour will continue to fight for Milly’s Law, so we can create a system that puts families before institutions, and justice before cover-ups.”
A Scottish Government spokeswoman said: “The Scottish Government shares the horror at the loss of life at the Hillsborough disaster and the deep concern that has arisen over institutional failings that have come to light during legal proceedings over many decades.
“Following publication of Dame Elish Angiolini’s Review in November 2020, the Scottish Government is working closely with partners to implement her recommendations as we seek to improve transparency and strengthen public confidence in the police and deliver improvements to the way in which complaints or concerns are handled and investigated.
“Scotland has a different system of deaths investigation to England and Wales, and has never had a system of Coroner's inquests. Instead Scotland has Fatal Accident Inquiries (FAIs) which may be instructed in the public interest by the Lord Advocate, acting independently of Government.
"This statutory system was modernised in 2016, with greater support and communication being provided for, and to, bereaved families and legal aid is already available on a means tested basis to families involved in FAIs.”
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