Overview

This bill aims to protect public authorities and their employees from legal action arising from decisions made using reasonable discretion in the public interest. It provides immunity from penalties unless gross negligence or recklessness is involved.

Description

The Exercise of Reasonable Discretion Bill shields public authorities and their staff from criminal and civil liability for actions (or inactions) stemming from the exercise of reasonable discretion in the public interest. This protection extends to actions taken in good faith, excluding instances of gross negligence or recklessness.

Key Provisions:

• Protection for Public Authorities and Employees: The bill explicitly protects public authorities and their employees from legal action for breach of statutory duty, malfeasance, or negligence related to reasonable discretion exercised in the public interest.
• Exclusion for Gross Negligence/Recklessness: The protection does not apply in cases involving gross negligence or recklessness.
• Protection Against Dismissal/Disciplinary Action: Public authorities are prohibited from dismissing or disciplining employees solely for acting (or not acting) in good faith with reasonable discretion in the public interest, unless gross negligence or recklessness is demonstrated.
• Contracts for Public Services: The protection against legal action also applies to breaches of contract for public services where the breach involved the exercise of reasonable discretion in good faith and was not a fundamental breach.
• Definition of Public Authority: The bill defines “public authority” broadly to include government departments, agencies, non-departmental public bodies, devolved administrations' bodies, local authorities, NHS bodies, and police authorities.
• Human Rights Compliance: The bill explicitly states it does not override the Human Rights Act 1998.
• Applicability: The bill applies to England and Scotland but not to Northern Ireland.

Government Spending

The bill's impact on government spending is not directly addressed in the text. The potential effect is likely to be a reduction in legal costs and settlements related to discretionary decisions made by public authorities, although precise figures are unavailable.

Groups Affected

The bill primarily affects:

• Public Authorities: These bodies will benefit from increased legal protection.
• Public Servants and Employees: Public sector employees will have greater protection against personal liability and disciplinary action.
• Individuals or businesses contracting with public authorities: Their ability to sue for breach of contract in certain circumstances will be limited.
• Citizens: While not directly targeted, citizens who might sue public authorities will find it harder to succeed in cases where reasonable discretion is involved, unless gross negligence or recklessness is proven.

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