Overview

This bill establishes a Public Advocate to support the relatives of those who die in large-scale incidents. The Advocate will advise families, act as a data controller for their information, and help them navigate investigations and obtain relevant information from public authorities.

Description

Appointment and Role

The Lord Chancellor will appoint the Public Advocate, who will be funded by Parliament. The Advocate's involvement in a specific incident depends on whether the Lord Chancellor invites them or if both requirements are met. Requirement one involves the Advocate's assessment of a large-scale loss of life involving serious health and safety issues, regulatory failures, or other significant concerns. Requirement two mandates that over 50% of the deceased's representatives and injured survivors request the Advocate's services.

Representatives of the Deceased

Each deceased person will have a representative, chosen according to a pre-defined order of priority beginning with spouse, followed by children, grandchildren, parents, siblings, and so on. The representative may assign another qualifying person as their replacement. The Advocate may be a representative in cases where no other suitable candidate is found.

Functions of the Advocate

The Advocate will report to representatives on the progress of investigations, including advice on engaging lawyers. If requested, they will share reports with all qualifying persons. A panel ("Advocate's Panel"), established at the request of over 50% of representatives, will review documentation and publish a report. Public authorities must provide documentation to the panel, barring specific exceptions relating to national security and ongoing investigations.

Information Disclosure

The bill addresses information disclosure to the Advocate's Panel. Public authorities are required to provide information unless certain exceptions (national security, ongoing police investigations, etc.) apply. The Information Commissioner can review decisions to withhold information, with appeals possible to the Tribunal.

Government Spending

The bill will require government spending to fund the Advocate's salary, expenses, and the establishment of the Advocate's Panel. Specific figures are not provided in the bill itself.

Groups Affected

This bill will primarily affect:

• Relatives of those deceased in major incidents: They will have access to support and advocacy.
• Injured survivors of major incidents: They can request the Advocate's assistance.
• Public authorities: They will be required to cooperate with the Advocate and disclose information, subject to certain exceptions.
• The Lord Chancellor: Responsible for appointing the Advocate and overseeing their work.
• The Information Commissioner and Tribunal: Involved in appeals regarding information disclosure.

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