Overview

This bill establishes a Public Advocate to support the families of those who die in major incidents. The Advocate will provide advice, act as a data controller for the deceased's representatives, and help facilitate access to information relevant to the event. They will also produce reports on their activities and findings.

Description

The Lord Chancellor will appoint the Advocate, who will be funded by Parliament. The Advocate's role is activated when a major incident resulting in significant loss of life (potentially across a period of time) involves serious health and safety concerns, regulatory failure, or other serious issues. Activation requires the Advocate's agreement and a request from over 50% of the deceased's representatives (family members or other specified individuals) and/or injured survivors.

Advocate's Functions

The Advocate's key functions include:

• Keeping representatives updated on investigations.
• Providing advice about engaging lawyers.
• Establishing an Advocate's Panel (acting as a data controller) to review documentation related to the event.
• Ensuring the panel receives relevant documentation from public authorities and organisations.
• Producing reports on the panel's findings.

Information Disclosure

Public authorities must provide information to the Advocate's Panel unless disclosure would compromise national security, prejudice the defense of the UK, violate other laws, or harm a police investigation. The Information Commissioner can adjudicate disputes over information disclosure, with decisions appealable to a Tribunal.

Government Spending

The bill will lead to government expenditure covering the Advocate's salary, expenses, and operational costs. Specific figures are not provided in the bill text.

Groups Affected

This bill will primarily affect:

• Families of the deceased in major incidents: They will receive support and potentially legal advice, and play a central role in triggering the Advocate's involvement.
• Injured survivors of major incidents: They can also request the Advocate's involvement.
• Public authorities and organisations: They will be required to provide information to the Advocate's Panel, subject to certain exemptions.
• The Lord Chancellor: Responsible for appointing the Advocate and overseeing their work.
• The Information Commissioner and Tribunal: They will play crucial roles in resolving disputes over information disclosure.

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