Drawing their highest ever attendance, Labour’s first Party Conference included many new legislative announcements.
September saw Labour’s first Party Conference in government for 15 years. Held in Liverpool, it spanned four days and covered countless topics of discussion, including many of legal interest. With the new Chancellor Rachel Reeves’ first Budget rapidly approaching, the policy announcements were limited to those on the lower end of the price range, but nevertheless included some salient insights into the Government's early legislative agenda.
Here we analyse three main announcements, asking what they mean for the law, and how well they’ve been received.
The Hillsborough Law
The legislation which has drawn the most attention in legal circles was the confirmation of the Hillsborough Law – a bill aimed at increasing accountability and undoing the “unacceptable defensive culture” often demonstrated by the public sector. Named after the 1989 tragedy which led to the deaths of 97 Liverpool FC fans, the legislation has been in the works for many years, but has been heavily supported and finalised at last by the new Labour Government upon their entry into office.
Initially introduced as a Private Members’ Bill in 2017 by then-Labour MP Andy Burnham, the bill is a response to the widespread and insidious culture within public bodies of impeding fair access to information in interrogative processes, such as the inquiry resulting from the Hillsborough disaster. Discontent with the behaviour and lack of compliance seen within these organisations has been rising in recent years, especially with highly-publicised cases such as the Grenfell Tower Inquiry drawing great attention to such public bodies. Courts have repeatedly criticised central government for “failing to provide candid explanations for its actions,” as required by law, and as such, calls for a new-and-improved duty of candour to enter into law have amplified.
As part of their 2024 manifesto, the Labour Party promised the introduction of such a law, using their Party Conference to finalise the announcement. PM Keir Starmer stated that the bill will be introduced to Parliament before the next anniversary of the Hillsborough Disaster on 15 April 2025. Starmer made sure to emphasise the bill’s aim is to protect victims of such disasters, and their families, from the undue stress and injustice caused when inquiries are not met with candour and transparency.
Technicalities of the bill include a legislative duty of candour on public authorities and officials, which is to be enforced using criminal sanctions when breached. The legislation similarly hopes to fill a loophole currently operating, whereby only under statutory (as opposed to the more common non-statutory) inquiries can witnesses be compelled to give evidence. The Hillsborough Bill will supersede the Inquiries Act 2005, which created a very broad framework for public investigations but failed to enforce a duty of candour for all types of inquiries. The new measures hope to provide greater clarity, accountability and hopefully closure to all those affected by such disasters.
Devolution – the Next Steps
A second discussion during the conference of legal importance surrounded devolution. A process started by Tony Blair back in the 1990s, devolution hopes to share the concentration of political power amongst the national administrations within the UK, decentralising the political monopoly of Westminster and hopefully increasing the genuine function of representative democracy. Blair’s referenda in 1997 established both an independent Parliament and National Assembly for Scotland and Wales respectively, with Northern Ireland’s Assembly emerging from the Good Friday Agreement in 1998. The aim was to create national bodies which would eventually be granted independent oversight of all political matters, rather than answering to Westminster.
Fast forward to 2024 and the new Labour Government have reignited a similar agenda, hoping to devolve power to the eight English regions outside of Greater London, with aims to “complete the map” of English devolution by 2029. The balancing act between sovereign Westminster and increasingly powerful local authorities has strained in recent years, with Jim McMahon OBE MP, Minister of State for Local Government and Devolution, recognising that a “complete reset of the central-local relationship” is needed to coordinate successfully across the nation.
In line with broader Government aims, Angela Rayner’s speech maintained specific focus on the need for devolution in the northern regions, with decentralised power a key source of economic growth. She lamented 14 years of “over-centralised-Westminster-knows-best,” recognising that millions of people outside of London were left behind and suffered the effects of a “failed trickle-down experiment” at the hands of Tory governments. Labour wants to hand power back to these sidelined communities, allowing innovation and growth in all regions, not just the South. Whilst the policy is clear, the specific legislation to implement such changes will take time to form and many years to take effect - nevertheless, hopes for devolution have certainly been reignited.
The Fraud, Debt and Error Bill
A third piece of legislation, and seemingly the most controversial, is Labour’s new benefits fraud clamp down. Estimated to save the taxpayer £1.6 billion over the next five years, the legislation will come as part of the Fraud, Error and Debt Bill, which aims to help the DWP recover funds lost to fraud whilst simultaneously protecting the most vulnerable claimants against rising debt levels. Many have already taken issue with the new measures, as the bill will allow the DWP to request sensitive personal information, including transactions and payment histories, from the private banks of anyone under suspicion of benefit fraud.
Disability Rights UK have argued that once again disabled people are being used as a scapegoat in Government policy, and that the new bill will “criminalise” benefits claimants and make them feel “ashamed to claim” that to which they are entitled. The Labour Party, in its election campaign, promised to create a better relationship with the disabled community, but this announcement appears to have alienated many members during their first few months in power.
Of course many others have praised the new policy. With stronger powers afforded to the DWP, Labour’s plans may well save the taxpayer billions of lost funds and help to “maintain support for the welfare state.” Whilst onlookers have cited obvious similarities between this bill and the Conservative’s highly criticised Data Protection and Digital Information Bill, which failed to carry over to the new Parliament, Labour reassure that their version of the bill will include added measures to protect vulnerable claimants, and will ensure DWP staff are trained to the highest level, as not to abuse their new powers.
Looking Ahead
Whilst the Conference spanned far wider remits than discussed here, these three policies are arguably the most legally salient and were amongst the most consequential announcements made by Labour over the week. Looking forward, as the UK’s first female Chancellor, Rachel Reeves, prepares for her first budget on 30 October, we can expect Labour to launch further large-scale redesigns of the Tory legacy, with “difficult decisions” being made and “painful” measures to be expected.
Image by Number 10 via Wikimedia Commons