Overview

This bill establishes a Public Advocate to support the families of victims following major incidents involving significant loss of life. The Advocate will advise families, act as a data controller for them, and help them navigate investigations and access relevant information from public authorities.

Description

The Lord Chancellor will appoint the Public Advocate, who will be funded by Parliament. The Advocate will become involved in events causing large-scale loss of life (potentially across a period of time, not just a single incident) meeting certain criteria (serious health and safety issues, regulatory failures, or other serious concerns). Activation requires either an invitation from the Lord Chancellor or a request from over 50% of representatives of the deceased and injured survivors.

Representatives of the Deceased

Representatives are defined in a tiered order of precedence, primarily including spouse/civil partner, children, grandchildren, parents, siblings, and other close relatives. If no qualifying relative can be found, the Advocate themselves can appoint a suitable person.

Advocate's Functions

The Advocate's duties include reporting to representatives on the progress of investigations, advising on legal representation, and forming an Advocate's Panel (upon further request) to review relevant documentation. The Panel will act as a data controller under the Data Protection Act 1998. Public authorities must provide information to the Panel unless it is prohibited for reasons of national security, defence, legal restrictions, or ongoing police investigations. The Information Commissioner and Tribunal have oversight in information disputes.

Reporting

The Advocate must submit annual reports and reports following major events to the Lord Chancellor, who will then present them to Parliament.

Government Spending

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

Groups Affected

• Families of victims of major incidents: Will receive support and advice from the Public Advocate and be able to access information relevant to the incident.
• Public authorities: Will be required to provide information to the Advocate's Panel, subject to specific exemptions.
• The Information Commissioner: Will have a role in resolving disputes over information disclosure.
• The Tribunal: Will hear appeals regarding decisions of the Information Commissioner.
• The Lord Chancellor: Responsible for appointing the Advocate and receiving reports.

Powered by nyModel