Overview

The Exercise of Reasonable Discretion Bill aims to protect public authorities and their employees from legal action resulting from decisions made in good faith using reasonable discretion in the public interest. It limits liability for actions or inactions unless they constitute gross negligence or recklessness.

Description

This bill provides legal protection for public authorities and their employees against criminal and civil penalties. This protection applies to decisions made using reasonable discretion in the public interest, provided these decisions are made in good faith and do not involve gross negligence or recklessness.

Key aspects of the Bill:

• Protection for Public Authorities: Public authorities are shielded from criminal liability and civil actions (such as for breach of statutory duty, malfeasance, or negligence) for decisions made in good faith using reasonable discretion in the public interest. This excludes actions based on gross negligence or recklessness.
• Protection for Public Servants: Public servants are similarly protected from criminal liability and civil actions for decisions made in good faith using reasonable discretion in the public interest, excluding cases of gross negligence or recklessness. Furthermore, they cannot be disciplined solely for exercising such discretion unless gross negligence or recklessness is involved.
• Contracts for Public Services: The bill prevents legal action against parties involved in contracts with public authorities for breaches related to decisions made in good faith using reasonable discretion in the public interest. This exception does not apply to fundamental breaches of contract.
• 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: The bill explicitly states that it does not override the Human Rights Act 1998.

Government Spending

The bill is not expected to significantly increase or decrease government spending. Its primary effect is to limit the potential for financial liability arising from legal action against public authorities and their employees.

Groups Affected

• Public Authorities: Will benefit from reduced legal risk and potential cost savings from fewer lawsuits.
• Public Servants: Will benefit from increased job security and protection from unfair disciplinary action.
• Individuals/Businesses Contracting with Public Authorities: May experience changes in the handling of contractual disputes, depending on the interpretation and application of the bill.
• Victims of Negligence: May face challenges in pursuing legal action against public authorities if the negligence does not meet the threshold of gross negligence or recklessness.

Powered by nyModel