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by Munro Research

Public Authority (Accountability) Bill


Official Summary

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Overview

The Public Authority (Accountability) Bill aims to increase the accountability of public authorities and officials in the UK. It mandates that they act in the public interest with transparency and candour, assist court proceedings and investigations, and introduces offences for breaches of these duties. The bill also provides funding for victims and their families in legal proceedings related to deaths or serious injuries.

Description

This bill establishes a legal duty for public authorities, officials, and those acting on their behalf to act in the public interest with transparency, candour, and frankness. This duty extends to assisting court proceedings, inquiries, and investigations. Failure to comply can lead to criminal charges, with penalties including fines and imprisonment. The bill clarifies that these duties are subject to existing laws concerning privacy, data protection, and national security. Exceptions can be made where acting on the duty might disproportionately harm the public interest but must be justified in writing by the relevant chief officer. The bill also mandates the creation and publication of a Code of Ethics for all public authorities, incorporating the "Seven Principles of Public Life" and providing whistleblower protections. Importantly, the bill provides publicly funded legal assistance to bereaved individuals and core participants in inquests and public inquiries, amending the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to achieve this.

Government Spending

The bill will lead to increased government spending on legal assistance for bereaved persons and core participants in inquests and public inquiries. While specific figures are not provided in the bill text, the amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 indicate funding will be allocated based on resources provided to public authorities involved in the relevant proceedings, aiming for equal or proportional levels of support.

Groups Affected

  • Public authorities: They face new legal duties, potential fines, and the need to create and publish Codes of Ethics.
  • Public servants and officials: They face potential criminal charges for misleading the public, impeding investigations, or refusing to cooperate.
  • Private entities: Those carrying out functions on behalf of public authorities or with public health and safety responsibilities will also be subject to the bill’s duties.
  • Victims and their relatives: They will gain access to publicly funded legal assistance in inquests and public inquiries concerning deaths or serious injuries.
  • Whistleblowers: The bill offers enhanced protection for whistleblowers reporting wrongdoing.
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