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 advise families, act as their data controller, and oversee the review of relevant information by an independent panel.

Description

Appointment and Funding

The Lord Chancellor will appoint the Public Advocate, whose expenses and allowances will be met by Parliament.

Triggering the Advocate's Role

The Advocate's involvement is triggered either by the Lord Chancellor or when over 50% of the representatives of the deceased (defined by a strict order of precedence, including next of kin and legal representatives) and injured survivors request their services following a major incident involving significant loss of life, serious health and safety issues, regulatory failure, or other serious concerns. The Advocate must consider previous decisions when making this assessment.

Functions of the Advocate

The Advocate's key functions include keeping representatives informed about investigations, setting up an Advocate's Panel to review all relevant documentation, and ensuring information is shared with families and their lawyers where appropriate. The Advocate will be a member of this panel, but will not chair it.

The Advocate's Panel

The panel reviews documentation related to the incident and publishes a report. Public authorities must provide information to the panel unless doing so would compromise national security, prejudice legal proceedings, or breach data protection. The Information Commissioner can be called upon to resolve disputes about information disclosure, with appeals possible to a Tribunal.

Reporting

The Advocate must report annually to the Lord Chancellor, at the conclusion of a specific incident’s investigation, and whenever else deemed necessary. The Lord Chancellor is then required to present these reports to Parliament.

Government Spending

The bill will lead to increased government spending to cover the Advocate's salary, expenses, and operational costs. No specific figures are provided in the bill text.

Groups Affected

• Families of deceased persons in major incidents: They will receive support, advice, and data control from the Advocate.
• Injured survivors of major incidents: They will also receive support and be consulted where appropriate.
• Public authorities: They will be required to cooperate with the Advocate and the Advocate’s Panel, providing information subject to exemptions related to national security and ongoing investigations.
• The Information Commissioner: They will have a role in resolving disputes over information disclosure.
• The Tribunal: They will be responsible for hearing appeals regarding information disclosure decisions.

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