Public Authority (Accountability) Bill (HC Bill 163)

1 Duties on public authorities, public servants and officials and others

(1) Public authorities and public servants and officials have a duty at all times to
act within their powers—

(a) in the public interest, and

(b) 5with transparency, candour and frankness.

(2) Public authorities and public servants and officials have a duty to assist court
proceedings, official inquiries and investigations—

(a) relating to their own activities, or

(b) where their acts or omissions are or may be relevant.

(3) 10In discharging the duty under subsection (2), public authorities and public
servants and officials shall—

(a) act with proper expedition,

(b) act with transparency, candour and frankness,

(c) act without favour to their own position,

(d) 15make full disclosure of relevant documents, material and facts,

(e) set out their position on the relevant matters at the outset of the
proceedings, inquiry or investigation, and

(f) provide further information and clarification as ordered by a court or
inquiry.

(4) In discharging their duty under subsection (2), public authorities and public
servants and officials shall have regard to the pleadings, allegations, terms of
reference and parameters of the relevant proceedings, inquiry or investigation
but shall not be limited by them, in particular where they hold information
5which might change the ambit of the said proceedings, inquiry or
investigation.

(5) The duties in subsections (1) and (2) shall—

(a) be read subject to existing laws relating to privacy, data protection and
national security,

(b) 10apply in a qualified way with respect to private law and non-public
functions as set out in subsection (6), and

(c) not be limited by any issue of insurance indemnity.

(6) Where a public authority, public servant or official acts in a private law matter
or non-public function the duties in subsections (1) and (2) will apply except
15where to do so might significantly and disproportionately damage the public
interest.

(7) Where the exception at subsection (6) is applied, including where the
justification is to limit the disclosure of commercially sensitive information and
contracts, the Chief Officer or Chief Executive of the public authority must give
20express reasons in writing to the relevant court, inquiry, investigation or
individual.

(8) The duties in subsections (1) and (2) shall apply to a private entity or individual
as they apply to a public authority, public servant or official where the relevant
activity—

(a) 25is delegated or contracted from a public authority which would
otherwise be subject to this Act, or

(b) is one where the private entity or individual owes a health and safety
responsibility to the public or a section of it, including but not limited
to sporting, leisure and entertainment events and premises, public
30transport systems and the provision of utilities and retail facilities.

(9) The duties in subsections (1) and (2) shall be enforceable by application to the
relevant court or inquiry chairperson by any person affected by the alleged
breach, or the court or inquiry may act of its own motion. Where there are no
extant court or inquiry proceedings, the duties may be enforced by judicial
35review proceedings in the High Court.

2 Code of Ethics

All public authorities shall have and publish a “Code of Ethics” which—

(a) promotes ethical behaviour, transparency and candour within all areas
of the organisation and its departments,

(b) 40takes express account of “The Seven Principles of Public Life”
promulgated by the 1995 Committee on Standards in Public Life,

(c) provides reasonable protection for whistleblowers, and

(d) provides a complaints procedure accessible to members of the public.

3 Offences and penalties

(1) The Chief Officer or Chief Executive of a public authority commits an offence
if he or she intentionally or recklessly fails to discharge his or her duty under
section 1(2).

(2) 5A public servant or official commits an offence if he or she intentionally or
recklessly—

(a) misleads the general public or media,

(b) misleads court proceedings or any inquiry or investigation to which the
duty in section 1(2) applies, or

(c) 10impedes the discharge of the section 1(2) duty, by any act or omission,
or failure to provide information by witness statement, report or
otherwise.

(3) A person who has previously been a public servant or official commits an
offence if he or she refuses to provide, or unreasonably avoids providing—

(a) 15a witness statement, or

(b) other relevant material which he or she holds

to a court, inquiry or investigation to which section 1(2) applies, relating to his
or her conduct or knowledge during the period when in such employment or
office.

(4) 20The duties provided for in sections 1(2), 3(1), 3(2)(c) and (3) do not apply to an
individual who is a suspect in a criminal investigation so far as matters related
to that investigation are concerned.

(5) Where the Chief Officer or Chief Executive of a public authority is a suspect in
a criminal investigation he or she must delegate the section 1(2) duty to a
25deputy so far as matters relating to that investigation are concerned and the
provisions of this Act shall apply to the said deputy as if he or she was the Chief
Officer or Chief Executive.

(6) No offence pursuant to subsection (1), (2) and (3) of this section is committed
by an individual to the extent that he or she reasonably asserts the privilege
30against self-incrimination.

(7) A person guilty of an offence under subsection (1), (2) and (3) of this section
shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6
months, or to a fine not exceeding level 5 on the standard scale, or both;
35and

(b) on conviction on indictment, to imprisonment for a term not exceeding
2 years, or to a fine, or both.

4 Assistance for bereaved persons and core participants at inquests and public
inquiries

(1) 40With respect to inquests, and public inquiries relating to deaths or serious
injuries, and where one or more public authority, or private entity whose
relevant activity falls within section 1(8) above, are designated as “interested
persons” (IPs) or “core participants” (CPs), bereaved IPs and CPs shall be
entitled to publicly-funded legal assistance and representation at the same
45level or in proportion to the resources provided to the public authority or
private entity, as set out in the Schedule to this Act.

(2) Where a Coroner or Chair of a public inquiry determines that there has been a
breach of the duty in section 1(2) by a public authority or private entity within
section 1(8), he or she may order the relevant authority or entity to pay any
costs occasioned by such breach.

5 5Definitions

(1) In this Act—

• “court proceeding” means all proceedings in criminal, civil or coronial
  courts, or tribunals set up pursuant to statute, with jurisdiction
  anywhere in the United Kingdom, or international courts or tribunals
  10to which the United Kingdom government has given effect by statute
  or treaty;

• “inquiry” means an inquiry under the Inquiries Act 2005 or an ad hoc
  inquiry set up by national or local government or any public authority;

• “investigation” means any police or other investigation set up by a public
  15authority or regulatory body to—

  (a)

  detect and prosecute criminal and disciplinary offences,

  (b)

  ensure compliance with professional standards, or

  (c)

  the adequacy of the provision and delivery of public services
  and exercise of public functions,

  20and it also includes investigations under the Coroners and Justice Act
  2009;

• “private entity” means any corporation, partnership, business, or
  professional, or sole practitioner, or voluntary or charitable
  organization;

• 25“public authority” means any national or local government department,
  or other organization, institution or agency engaged in functions of a
  public nature and the definition includes entities with a private
  structure but which are majority owned by public funds; and “public
  authority” is to be given an inclusive meaning where any dispute arises
  30before a court;

• “public servants and officials” means all those who work for or hold office
  under a public authority; and “public servants and officials” is to be
  given an inclusive meaning where any dispute arises before a court;
  and

• 35“whistleblower” means a person who makes a disclosure of information
  which, if made by a worker, would be a qualifying disclosure pursuant
  to section 43B of the Employment Rights Act 1996.

(2) Where any court or inquiry considers proportionality with regard to any part
of this Act it must give high importance to the duties set out within sections
401(1) and 1(2).

6 Short title, commencement and extent

(1) This Act may be cited as the Public Authority (Accountability) Act 2017.

(2) The provisions of this Act come into force on Royal Assent, except for sections
2 and 4 and the Schedule, which come into force 6 months after Royal Assent.

(3) 45The provisions of this Act apply with respect to any court proceedings, inquiry
or investigation which commences or continues after the Act comes into force.

(4) This Act extends to England and Wales, Scotland and Northern Ireland.

Section 4(1)

Schedule Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act
2012

1 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be
5amended as follows.

2 After section 9 insert—

“9A Inquest and public inquiry into an incident or failure leading to death
or serious injury

(1) Where an inquest is opened or a public inquiry announced into any
10incident or failure leading to the death or serious injury of a person
or persons, and where one or more public authority or private entity
whose relevant activity falls within section 1(8) of the Public
Authority (Accountability) Act 2017, are designated as “interested
persons” (IPs) pursuant to section 47 of the Coroners and Justice Act
152009, or “core participants” (CPs) pursuant to Rule 5 of the Inquiry
Rules 2006, the bereaved or injured IPs and CPs shall be entitled to
publicly-funded legal advice and representation.

(2) The provision shall be at rates previously applied to CPs under
section 40(4) of the Inquiries Act 2005, to be reviewed from time to
20time.

(3) In cases falling within this section, public authority rates shall be
capped at the rates referred to in subsection (2).

(4) The number, grades and seniority of legal advisers and advocates,
and the number of remunerated hours allowed shall be the same or
25in proportion to provision made for the relevant public authority.

(5) Where such provision is not the same, it may be more or less than
that provided for the public authority, dependent upon the
respective roles and burden of work and where provision is not the
same the Director must provide a formal written determination
30setting out the basis for the disparity and certifying that in his or her
view the level of funding is proportionate.

(6) As soon as practicable after instruction by a bereaved IP or CP where
subsection (1) applies, the solicitor shall notify the Director of an
intention to apply for funding and within four weeks of such
35notification the solicitor shall make a provisional application for
funding based upon instructions and disclosures made at that date.

(7) Within seven days of receipt of a notification under subsection (6),
the Director shall notify any relevant public authority that it must
provide the funding information detailed in subsection (8), below,
40within four weeks.

(8) On receipt of a notification under subsection (7) the public authority
shall, within four weeks, furnish the Director with a funding plan
setting out the provision it is to make for the said proceedings, to
include—

(a) 5the number,

(b) grades,

(c) seniority of legal advisers, advocates and support staff (to
include investigators and administrators), and

(d) the estimated number of remunerated hours that will be
10expended by each relevant person in the proper and
reasonable preparation and representation of the case.

(9) The funding plan at subsection (8) shall—

(a) make clear where provision for legal advice and
representation has been made by the public authority in
15connected proceedings, and the details of such provision,
and

(b) be certified as being complete and that it includes all proper
and reasonable provision made by the Chief Officer or Chief
Executive of the public authority in relation to the case.

(10) 20In a case of complexity the solicitor for the bereaved applicant or the
solicitor for the public authority may agree with the Director that
funding plans can be provided periodically or in stages and any such
agreement shall be at the discretion of the Director and as directed by
him or her.

(11) 25Where any funding plan is amended or finalized the Director must
be notified and provided with the amended plan within seven days.

(12) Where a bereaved IP or CP is entitled to public funding under
subsection (1), but there is no public authority IP or CP then the
Director shall have regard to the funding plan of the solicitor for the
30bereaved applicant and the general circumstances of the case,
including the level of representation by other IPs or CPs, in assessing
the relevant provision under this section.

(13) Where a bereaved IP or CP is entitled to public funding under
subsection (1), it shall not be means-tested.

9B 35Application of section 9A in the interests of justice

The Director may apply the provisions in section 9A to other
inquiries and investigations insofar as is in the interests of justice.””