Overview

This bill establishes a Public Advocate in England and Wales to support the families of those who have died in large-scale loss of life events. The Advocate will provide advice, act as a data controller for relevant information, and help families navigate investigations and access information.

Description

The Lord Chancellor will appoint the Public Advocate. The Advocate will be activated for events resulting in significant loss of life due to serious health and safety issues, regulatory failures, or other grave concerns. Activation requires either an invitation from the Lord Chancellor or requests from over 50% of the deceased's representatives and injured survivors.

Representatives of the Deceased:

Each deceased person is represented by a designated family member (spouse, child, parent, etc., with priority given to elder family members). If no suitable family member is found, the Advocate may act as representative.

Advocate's Functions:

The Advocate will report to families on investigations, explain the implications of legal representation, and, if requested by a majority of representatives, establish an Advocate's Panel. The Panel will act as a data controller, review documentation related to the event, and publish a report.

Information Disclosure:

Public authorities must provide information to the Panel unless disclosure would jeopardize national security, prejudice legal proceedings, or breach other legal obligations. The Information Commissioner can be appealed to should information be withheld inappropriately.

Reporting:

The Advocate will annually report to the Lord Chancellor, who will present the reports to Parliament.

Government Spending

The bill mandates that the Lord Chancellor will pay the Advocate's expenses and allowances from money provided by Parliament. The exact cost isn't specified in the bill.

Groups Affected

• Families of the deceased in large-scale loss of life incidents: They will receive support and advice from the Advocate and access to relevant information.
• Injured survivors of such incidents: They will have a voice in activating the Advocate and may be involved in the Advocate's Panel's work.
• Public authorities: They will be required to provide information to the Advocate's Panel, subject to certain exceptions.
• The Lord Chancellor: Responsible for appointing the Advocate, overseeing their work, and presenting reports to Parliament.
• The Information Commissioner and the Tribunal: Will handle appeals concerning information withheld by public authorities.

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