Exclusive:Scots 'could need to crowdfund legal fights' if SNP doesn't agree full Hillsborough Law
Douglas McAllister has called on John Swinney to “stop dithering” and agree to introduce non-means-tested legal aid for bereaved families at inquests involving public authorities.
Scots could be forced to “crowdfund their fights for justice” if the SNP Government does not agree to all parts of the Hillsborough Law, a Labour MP has claimed.
Douglas McAllister has called on John Swinney to “stop dithering” and agree to introduce non-means-tested legal aid for bereaved families at inquests involving public authorities.
The Public Office (Accountability) Bill, known as the Hillsborough Law, has its second reading in the House of Commons on Monday.
The Bill will create a legal duty of candour placed on public officials and authorities to prevent cover-ups. Bereaved families will also have publicly funded legal representation at inquests, which aims to make sure both sides are on a fair and equal footing.
Most elements of the Bill are UK-wide. But non-means-tested legal aid is devolved because justice is in the remit of the Scottish Parliament.
West Dunbartonshire MP Mr McAllister said Scots “would be denied the same access to justice” if the Scottish Government does not agree to this part of the legislation.
The Scottish Government would not say whether it would introduce non-means-tested legal aid, but said it was “absolutely wrong to say we have rejected any elements of the Bill”.
A spokesperson said it would be “up to” the Scottish Parliament to decide if it wants the UK government to legislate on what is a devolved matter.
Former defence lawyer Mr McAllister said: “The Hillsborough Law legislation will have its second reading on Monday. The UK government is working at pace to introduce this long-awaited legislation, which will finally ensure a duty of candour on public authorities.
“This is designed as UK-wide legislation. Two main parts of the Bill to be celebrated are the introduction of non-means-tested legal aid and a guarantee of parity of representation - except in Scotland.
“I understand that despite discussions with UK government ministers, the Scottish Government has so far failed to agree to introduce this in Scotland. This is hugely disappointing and would mean that Scottish families would be denied the same access to justice that this long-awaited Bill will ensure.
“Scottish families would be left to seek charity to help fund their fights for justice through donations or crowdfunding, which is simply not fair and unacceptable.
“John Swinney should do the decent thing and stop dithering on this and immediately confirm that Scottish families will get the same access to justice and do so before the Bill’s second reading on Monday.”
In 1989, 97 Liverpool Football Club supporters died at Hillsborough Stadium in Sheffield. South Yorkshire Police tried to cover up their negligence and avoid responsibility for the disaster.
A Scottish Government spokesperson said: “It is absolutely wrong to say we have rejected any elements of the Bill. Even before the Bill was first introduced, we engaged fully and constructively with the UK government on all elements.
"This is a complex piece of legislation and we continue to work with the UK government. It will be entirely up to the Parliament to scrutinise and decide on any legislative consent motions that are brought forward.”
A UK Ministry of Justice spokesperson said: “Parity of representation and legal aid are devolved matters for Scotland. Nevertheless, we are and will continue to engage with the Scottish Government on the Hillsborough Law, particularly if they choose to introduce any similar measures.”
Comments
Want to join the conversation? Please or to comment on this article.