The Ministry of Justice launches a consultation to make it easier to say sorry

The Ministry of Justice (MoJ) has launched a consultation on a law change to make it easier for organisations to apologise.

There was a law brought into force in 2006 which allowed public institutions, private companies and their employees to apologise without admitting liability in civil proceedings.

However, since that Compensation Act came in, there is little evidence that it has been used as organisations still fear saying sorry in case it weakens their case.

The MoJ states that this leaves many victims without proper closure and a sense they are unable to move on with their lives.

The Government wants to update the law to make it clearer by removing the barriers to apologising, while broadening the scope of the law would allow people to express regret and offer more earnest apologies.

Commenting on the proposal, Justice Minister Lord Bellamy said: “The place of apologies in the justice system is becoming increasingly important, and this Consultation will explore ways of strengthening this role, not least to enable victims to find closure and move on with their lives”.

This consultation follows a recommendation from the Independent Inquiry into Child Sexual Abuse (IICSA) that apologies could and should be offered by employers for the actions of current or former employees – known as vicarious liability.

It also follows a Private Members’ Bill which was introduced by John Howell MP to allow an apology to be given that is genuinely and sincerely meant without creating a legal liability. That bill did not complete its passage through Parliament before the end of the 2019-21 session, but the Lord Chancellor confirmed the Government would consult on the issue when Parliamentary time allowed. Howell MP stated that he was “delighted that this has come forward”.

The consultation kicked off on Monday 8 April and will run for eight weeks, closing on 3 June.