Elders with Mental Disabilities Abduction Gone Missing Alerts Bill

A

BILL

TO

ensure that an elderly citizen that suffers from mental disabilities such as dementia or alzheimers is found within a reasonable time and productive manner via sending alerts to people’s mobile devices in the county in which the elder has gone missing.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

1 Issuing alerts

(1) The Secretary of State may make regulations to provide for a system to be developed, or an existing system to be used, to send out alerts in cases where an elder with a mental disability goes missing and is recorded in the National Crime Agency's missing persons database.

(2) The regulations must include a possibility for the alerts to be received as a text message or as a notification or in more ways than those two.

(3) An alert must be issued by the Secretary of State if—

• (a) an elderly person with a mental disability must have been have gone missing,
• (b) there is reason to believe that the elder is in danger, and
• (c) there is reason to believe that an alert may help rather than harm the situation.

(4) The alert may include details about a suspect if it is believed that the elderly person has gone missing in relation to a crime.

(5) The alert may be issued on a nationwide website, and posted in local noticeboards and or newspapers in;

• (a) their county of residence;
• (b) a county where they have a personal connection;
• (c) a county where they are suspected to be or be heading; and
• (d) all neighboring counties of the county in which the elder was last seen.

as is appropriate and proportionate in the judgement of the constable in charge of the missing persons case.

(6) If a constable has reason to believe that the missing elderly person has reached a county the alert has not previously been issued in, the alert may be issued there as well.

2 The alert

(1) The alert should cause the recipient phone to make a noise and display a notification where the recipient person can view details about the missing elderly person and possible suspects.

(2) The Secretary of State may by regulations further specify the form of the alert.

3 Reporting phone number

The Secretary of State must make regulations for the creation of a reporting phone number to be operated at all times where a person may report information or whereabouts of anything contained in a recent alert.

4 Website

The Secretary of State must make regulations for the creation of a website displaying information about the alert system, including—

• (a) the reporting phone number,
• (b) a form where a person may report information as above in text form,
• (c) recent alerts,
• (d) how to change the way alerts are received, and
• (e) anything additional that the Secretary of State may choose to include.

5 Offence

A person who intentionally gives false information shall have committed an offence, and be liable for up to a Level 2 Fine as set out in s37 of the Criminal Justice Act 1982.

6 Regulations

(1) Regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

7 Data Protection & Civil Liberties

(1) The Chief Constable of a force has a duty to ensure that any data held or published pertaining to individuals is done in a way compliant to the Data Protection Act.

(2) There must be an accessible public place where people can make a request to see data held on them, this facility must have both a physical location, postage box and optionally an online form.

(3) There must be clear procedures and safeguards against unlawful access.

(4) No person may be entered into the alert system without their consent.

(5) Where a person lacks the mental capacity to consent to be entered into the alert system and;

• (a) they have no previous wish recorded on the topic that would prevent it
• (b) then a person with power of attorney for the person may consent provided that they consider it to be in the best interests of the individual.

(5) No data submitted to the alert system of the alert system may be used for any law enforcement outside the scope of this Act.

8 Interpretation

In this Act—

“alert” means a notification on a mobile device or cell phone that will notify people that an Elder with a mental disability has been abducted;

“county” means an authority area in England, a principal area in Wales, a council area in Scotland or a district in Northern Ireland;

“elder” or “elderly person” means any citizen that is over the age 65;

"Mental Disability " means someone with a mental impairment which results in a substantial and long-term adverse effect on the individuals' ability to carry out normal day-to-day activities.

"mental capacity" has the same meaning as that given in the Mental Capacity Act 2005

"best interests" has the same meaning as given in the Mental Capacity Act 2005.

9 Extent, commencement and short title

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

(2) This Act comes into force at the end of the period of two months beginning with the day on which it is passed.

(3) This Act may be cited as the Elder with Mental Disabilities Gone Missing Alerts Act 2020.

This bill was submitted by /u/Elleeit, The Baron of Ballymena on behalf of The Loyalist League, and co-sponsored by The Classical Liberals and Labour Party.

This division shall end on Monday 25th May at 10PM BST.