Overview

This bill establishes a Public Advocate in England and Wales to support the relatives of those who die in major incidents. The Advocate will provide advice and act as a data controller for the families, helping them navigate investigations and access relevant information.

Description

The Lord Chancellor appoints the Public Advocate. The Advocate's role is activated following a major incident involving significant loss of life due to serious health and safety issues, regulatory failures, or other serious concerns. Activation requires both the Advocate's assessment of the situation and a request from over 50% of the deceased's representatives (defined as close family members).

Key Functions:

• Advising representatives of the deceased on investigations.
• Acting as a data controller for the relevant information.
• Upon request, establishing an Advocate's Panel to review documentation relating to the incident.
• Obtaining information from public authorities (with limited exceptions for national security etc.).
• Publishing a report summarizing the findings of the Advocate's Panel.

Public authorities must provide documentation to the Advocate’s Panel unless disclosure is prohibited by law, jeopardizes national security, or compromises ongoing police investigations. The Information Commissioner can resolve disputes about information disclosure.

Government Spending

The bill mandates that the Lord Chancellor pay the Advocate's expenses and any allowances determined by the Secretary of State, from funds provided by Parliament. No specific figures are provided in the bill itself.

Groups Affected

• Relatives of the deceased in major incidents: They will receive support and advice from the Advocate and have a voice in investigations.
• Public authorities: They will be required to share information with the Advocate's Panel, subject to certain exemptions.
• The Information Commissioner: Will resolve disputes regarding information disclosure to the Advocate's Panel.
• The Lord Chancellor: Responsible for appointing the Advocate and overseeing their work.

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