Independent Public Advocate

Baroness Manzoor Excerpts

Thursday 2nd March 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the Government have already announced a review of civil legal aid, and inquests are within the scope of that review. We will therefore take the powerful point that the noble Lord has made under advisement in that context.

[Baroness Manzoor (Con)]

My Lords, I thank my noble and learned friend for the Statement in relation to the independent advocate. It is essential that we move forward with this as quickly as we can within the Bill. Thinking through the wider ramifications, particularly in relation to case law, what the scope is and what the trigger points are, are critical. My noble and learned friend mentioned that the staff would be permanent. For how long would those staff be permanent, and over what period? We almost look at not only the diversity in arms to call, so to speak, but also the diversity of skills and expertise, and that will change depending on what triggers those particular investigations. There will need to be an end-to-end process. I wonder whether the independent advocate is going to be someone who is going to be appointed and is going to be there for many years or whether it is a short-term appointment for a specific period, so that victims can be empowered to have confidence in the system.

[Lord Bellamy (Con)]

I thank my noble friend for those questions. It is not at present envisaged that a person will be permanently appointed as the independent public advocate and always there on the off-chance that a disaster happens. What is envisaged is that there should be a permanent secretariat, which I think would have to be provided by the Ministry of Justice. When a disaster happens, that secretariat would become engaged, make immediate contact with the families, the emergency services and everybody else involved in those tragic and difficult events, and very quickly—I really do mean very quickly—make a recommendation to the Secretary of State to appoint an independent public advocate.

Such a person would be appointed and, from that point onwards, would take over the job of making sure that the victims and their families are fully supported in the areas of mental health and other problems, and are prepared properly for inquests and so on. The gap that is identified at the moment—of who is looking after the victims, the families and the bereaved—would be filled by that function. Details need to be fleshed out, but that is the broad scope as envisaged, subject to further discussion.