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by Munro Research

Public Advocate (No. 2) Bill


Official Summary

A Bill to establish a public advocate to provide advice to, and act as data controller for, representatives of the deceased after major incidents.

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Overview

This bill establishes a Public Advocate to support the families of victims following major incidents involving significant loss of life. The Advocate will provide advice, act as a data controller for relevant information, and ensure families have access to information during and after investigations.

Description

The Lord Chancellor will appoint the Advocate, who will be funded by Parliament. The Advocate's role is activated when they deem an event has resulted in large-scale loss of life due to serious health and safety issues, regulatory failures, or other serious concerns. This activation also requires a request from over 50% of the deceased's representatives (defined as next of kin or legal representatives) and injured survivors.

Advocate's Functions

The Advocate's functions include reporting to representatives on investigation progress, making reports available to all qualifying persons, and, upon further request, establishing an Advocate's Panel. This panel will act as a data controller, review relevant documentation, and publish a report. Public authorities must provide documentation to the panel unless disclosure would breach national security, prejudice UK defense, violate legal prohibitions, or compromise a police investigation. The Information Commissioner can resolve disputes on information disclosure.

Reporting

The Advocate must provide annual reports to the Lord Chancellor, reports at the conclusion of support for a particular event, and any other reports deemed necessary. The Lord Chancellor must present these reports to Parliament within 15 days.

Government Spending

The bill mandates that the Lord Chancellor pay the Advocate's expenses and allowances from money provided by Parliament. No specific figures are provided in the bill itself.

Groups Affected

  • Families of deceased: Will receive support and access to information regarding major incidents affecting their loved ones.
  • Injured survivors: Will receive support and access to information.
  • Public authorities: Will be required to provide information to the Advocate's Panel, subject to specific exemptions.
  • The Lord Chancellor: Responsible for appointing the Advocate and receiving reports.
  • Parliament: Receives reports from the Advocate via the Lord Chancellor.
  • Information Commissioner: Will resolve disputes regarding information disclosure.
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