Overview

This bill establishes a Public Advocate in England and Wales to support the families of those who die in major incidents. The Advocate will advise families, act as a data controller for relevant information, and facilitate the investigation into the cause of such incidents.

Description

The Lord Chancellor appoints the Advocate, who is funded by Parliament. The Advocate's role is triggered when a major incident (involving significant loss of life due to serious health and safety issues, regulatory failure, or other serious concerns) occurs and is requested by a majority of representatives of the deceased and injured survivors.

Responsibilities: The Advocate's key functions include:

• Reporting to families on investigations and how they can assist.
• Creating an Advocate's Panel (acting as data controller) to review documentation related to the incident.
• Obtaining necessary information from public authorities, subject to specified exceptions (national security, ongoing investigations, etc.).
• Publishing a report on the panel's findings.

Family representatives are defined, with a clear order of precedence (spouse, children, parents, etc.). If there is no suitable representative, the Advocate can appoint someone or act as the representative themselves.

Public authorities must cooperate with the Advocate's Panel in providing information, unless subject to specific exemptions, which can be appealed via the Information Commissioner and Tribunal. The Advocate's Panel is not a public authority under the Freedom of Information Act 2000.

Government Spending

The bill mandates that the Lord Chancellor pay the Advocate's expenses and allowances out of money provided by Parliament. No specific figures are given in the bill text itself.

Groups Affected

• Families of deceased: Receive support, advice, and representation.
• Injured survivors: Can participate in the process.
• Public authorities: Required to cooperate in providing information, subject to exceptions.
• The Lord Chancellor: Responsible for appointing the Advocate and overseeing the process.
• Information Commissioner and Tribunal: Involved in appeal processes concerning information disclosure.

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