Speeches by Mullan.

“Q Thank you for that opening statement. It applies to anybody who might have criticisms of elements of the Bill or views on it; we should not translate those into a lack of sympathy for the families or what they have gone through. As time is short, it is easier to ask you outright: what concerns do you have about how t…”

“Q Hello. I am the shadow Minister. Thank you, Mr De Simone, for coming to speak to us. It is important for us to have a context and understanding of your views more generally on how we scrutinise our security services. I read with interest your account of what had happened with the legal challenge that the Government p…”

“Q I ask the same question, but on reasonable excuse versus public interest. Professor Lewis: That is less clear. The one thing I could say quite confidently is that there is a significantly lower burden of proof on the defendant. The defendant just has to introduce some evidence to raise the possibility of a reasonable…”

“Q We also heard in evidence that court judges in other settings make decisions about appropriate costs and so on. With some training and support, could coroners be asked to fulfil a similar role in inquests? Judge Durran: My anxiety is that you are creating an additional level of work that takes coroners away from bein…”

“Q I am the shadow Justice Minister. Thank you for the written briefings, particularly the one done with INQUEST and Justice North, which is very detailed. As has been alluded to, we cannot go through it all, but could you pick out perhaps the two or three points where it is most important to make further amendments, ba…”

“Q We have time for you to expand slightly on what you want to see change in those three elements. Pete Weatherby: On command responsibility, the Bill, and the original Bill, created both individual and corporate duties, and quite rightly so. The problem with the corporate duties is that the offences require a very high…”

“Q Hello; I am the shadow Justice Minister. Professor Lewis, are there any significant differences, or even minor differences, between the work that the Law Commission did and its recommendations, and the Bill as drafted? Professor Lewis: Yes, there are some differences, but the Bill substantially implements the Law Com…”

“Q It is obviously difficult to talk about hypotheticals, but I think it is potentially helpful, because we are talking about legal terms that not even members of the Committee will necessarily be familiar with. Taking first subjective versus objective awareness, in what sort of scenarios might that create a difference …”

“Q Mr Guest, can you see any prosecutorial disadvantages to the new offences compared with the existing law? Tom Guest: No. In general, we were supportive of this project from the outset—not because we were having difficulties with the common law offence, but because it sets it out much more clearly to have it contained…”

“Q42 I am the shadow Minister. Thank you for coming along to assist us with our proceedings. I have a question for you, Deborah, on the work of INQUEST. Will you illustrate the practical effect at inquests of public bodies usually being heavily legally represented, while affected families do not necessarily have any leg…”

“Q You are obviously not here as a legal expert, and we would not hold you to that standard, but do you have some observations on how you think, from your own experience, the Bill as currently constituted will work well and how it might not? Daniel De Simone: There has been evidence earlier today from other witnesses. M…”

“Q I am Kieran, the shadow Justice Minister. I want to give my sincere condolences to all of you and all of the families for what you have been through. I want to commend your persistence, courage and bravery in carrying on and campaigning over such an extended period, as you have all done. It really is remarkable, and …”

“Q Okay. On the first point you made about language, are there specific ways in which you would change the language? Would there be different words or terminology? Cindy Butts: Yes, I would want to see some of the language that is reflected in both the Hillsborough charter and the Victims and Prisoners Act—the section t…”

“Q I am the shadow Minister. It may well be that others asked for you to be here, but I asked in particular because the NHS already has experience with the legal duty of candour, so it is important to understand what you have learned from its operation. Even though you have had a legal duty of candour in the NHS for qui…”

“Q Dr Chopra, there is a challenge in the medical world. For example, you might have a cohort of people who think they are discharging their duty of candour by reporting various things about covid vaccines and the harm they have been doing, which we would not necessarily consider a good-faith disclosure. You obviously h…”

“Q We heard in evidence this morning about a sense that prevention of future deaths reports are made but nothing is necessarily done to follow up on them. Dr Chopra, my understanding is that it is essentially the CQC’s job to take into account anything that is of material interest in an organisation, such as a preventio…”

“Q I am the shadow Minister. Beginning with Mayor Burnham, what are the key differences between the Bill that you presented to Parliament and this Bill as currently drafted? Andy Burnham: It substantially meets the provisions of the 2017 Bill. It is 80% to 90% there. Previous to its introduction to Parliament, Mayor Rot…”

“Q But do you accept that, if you do that, a whole series of people will say that WhistleblowersUK, or a whistleblowers office, was not listening to them, not sufficiently representing them and covering up the things they were alleging? Flora Page: You could easily. I suppose one would seek to front-load the issues. I a…”

“Q The common law offence is unlimited in its penalties, essentially. Do you, as prosecutors, sometimes advocate for sentences above what will be the statutory limit to the sentences for the new offences? Tom Guest: The statutory limits introduced by the Bill seem to fit the culpability in the two offences. The breach o…”

“Q But are you aware of examples that have gone above those limits? Tom Guest: I am not aware of them. There is always a question of overlap. If you have another offence, such as an offence of rape, then we would be charging rape, and we have the maximum sentence of life there.”