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 provide advice and act as a data controller for the deceased's representatives, helping them navigate investigations and access relevant information.

Description

Appointment and Role of the Advocate

The Lord Chancellor appoints the Public Advocate, who is funded by Parliament. The Advocate is activated when a major incident (resulting in significant loss of life and involving serious issues) occurs and when requested by a majority of representatives of the deceased and/or injured survivors.

Representatives of the Deceased

Representatives are prioritized in a specific order of family members (spouse, children, grandchildren, etc.) of legal age, or the Advocate themselves in the absence of any verifiable relative. A representative can assign another qualifying person.

Functions of the Advocate

The Advocate's functions include reporting to representatives on investigations, making reports available to all qualifying persons, and, if requested, establishing an Advocate's Panel.

Advocate's Panel

The Advocate's Panel reviews all relevant documentation relating to the incident, registers as a data controller under the Data Protection Act 1998, and publishes a report. Public authorities must provide documentation to the panel unless doing so would compromise national security, prejudice a defense or police investigation, or violate other laws.

Information Disclosure and Appeals

If information is withheld, the Panel can apply to the Information Commissioner for a decision. Decisions by the Information Commissioner can be appealed to a Tribunal.

Reporting

The Advocate must submit annual reports and reports following specific incidents to the Lord Chancellor, who will lay them before Parliament.

Government Spending

The bill mandates that the Lord Chancellor pay the Advocate's expenses and allowances from funds provided by Parliament. The exact cost is not specified in the bill.

Groups Affected

• Families of victims of major incidents: They will receive support and assistance from the Advocate in accessing information and navigating official investigations.
• Public authorities: They will be required to provide information to the Advocate's Panel, subject to specific exemptions.
• The Information Commissioner: They will handle appeals relating to information disclosure.
• The Tribunal: They will hear appeals against decisions made by the Information Commissioner.
• The Lord Chancellor: Responsible for appointing the Advocate and overseeing the process.

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