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, facilitates assistance to courts and inquiries, creates offenses for breaches of duty, and provides funding for victims and their families involved in legal proceedings and inquiries.

Description

Duties of Public Authorities and Officials

The bill imposes a legal duty on public authorities, their employees, and those acting on their behalf to always act in the public interest with transparency, candour, and frankness. This includes fully cooperating with court proceedings, inquiries, and investigations, acting promptly, and disclosing all relevant information. Exceptions are allowed for situations where disclosure would severely harm the public interest, requiring written justification from a senior official. The bill extends these duties to private entities undertaking public functions or owing health and safety responsibilities to the public.

Codes of Ethics

The bill requires all public authorities to create and publish a Code of Ethics that promotes ethical conduct, transparency, and candour, incorporates the Seven Principles of Public Life, protects whistleblowers, and provides a public complaints process.

Offenses and Penalties

The bill outlines offenses and penalties for intentionally or recklessly failing to fulfill the duties described. These include misleading the public or courts, obstructing investigations, or withholding information. Penalties range from fines to up to two years imprisonment. Exceptions are made for individuals reasonably asserting self-incrimination in criminal investigations. If a chief officer or executive is a suspect, a deputy will take over these responsibilities.

Funding for Bereaved Persons and Core Participants

The bill amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to provide publicly funded legal assistance to bereaved individuals and core participants in inquests and public inquiries related to deaths or serious injuries where a public authority is implicated. Funding will be proportional to that provided to the public authority involved.

Government Spending

The bill will increase government spending to provide legal assistance to bereaved persons and core participants in inquests and public inquiries. Exact figures are not specified in the bill itself, but it will involve a significant increase in legal aid funding, especially when linked to the amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Groups Affected

• Public Authorities: Subject to new duties and potential penalties for non-compliance. Will need to update their procedures and potentially increase their budgets.
• Public Servants and Officials: Subject to new duties and potential penalties for non-compliance.
• Private Entities: Those undertaking contracted public functions or with public health and safety responsibilities are also subject to the bill's requirements.
• Bereaved Families and Core Participants: Will benefit from increased access to publicly funded legal representation in inquests and public inquiries.
• Whistleblowers: Increased protection under the mandatory Code of Ethics.

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