Consortium Responds to Inquiry into Scotland’s Commissioner Landscape

Consortium Responds to Inquiry into Scotland’s Commissioner Landscape

Scotland’s Commissioner Landscape – where are we now? 

The Finance and Public Administration Committee of the Scottish Parliament is conducting an inquiry into the necessity of adopting a more cohesive and strategic approach towards the creation of new commissioners.  

Currently, Scotland has seven commissioners, with plans for an eighth already in motion and a further six under consideration. Commissioners typically represent specific groups or causes and operate independently of the government. The inquiry aims to evaluate the roles, costs, and potential plans for additional commissioners. It has received 23 responses from various stakeholders and is currently in the evidence-gathering phase.  

The current commissioner bill stands at £16.6m, expected to rise to £18.3m in 2024-25. Concerns have been raised regarding the potential complexity and fragmentation resulting from the expansion of the commissioner landscape, with some expressing worries about the effectiveness of parliamentary oversight and service delivery. 

The Consortium responded to a call for views on the role of Commissioners, highlighting the need for additional powers for Commissioners whose role involves the protection of human rights. The current powers and budgets of these Commissions fall short of what is needed for them to work effectively.  

Summary of our response 

You can read our response in full here. Below is a summary of our main points. 

In recent years, Scotland has seen a significant rise in the appointment of Commissioners, each playing a crucial role in advocating for human rights and holding authorities accountable. But why the surge in Commissioners, and what should their role entail? 

Why the Growth in Commissioners? 

Discussions with our network members from across Scotland reveal several recurring themes driving the call for more Commissioners: 

• Inaction on Structural Injustices: Despite policies and laws, systemic inequalities persist, leaving many frustrated with the lack of progress in addressing underlying injustices. 
• Unheard Voices: Individuals facing human rights violations often feel ignored by decision-makers, necessitating champions to ensure their concerns are heard and acted upon. 
• Accountability Gap: Holding authorities accountable for human rights violations proves challenging, prompting the need for Commissioners to bridge this gap. 
• Lack of Rights-Based Approach: The absence of a rights-based approach in policymaking fuels the demand for Commissioners to advocate for human rights integration. 

Role of Commissioners and Necessary Improvements 

Commissioners like the Scottish Human Rights Commission (SHRC) and the Children and Young People's Commissioner (CYPCS) play vital roles in promoting awareness, advocating for rights, and ensuring accountability. However, improvements are needed: 

• Enhanced Powers: Commissioners should have the authority to provide advice, conduct investigations, hold inquiries, and issue binding guidance to strengthen their effectiveness. 
• Inclusive Engagement: Both SHRC and CYPCS must engage directly with rights holders, ensuring their perspectives shape decision-making processes. 
• Resource Allocation: Adequate funding is crucial for Commissioners to fulfill their mandates effectively, particularly as they take on expanded responsibilities. 

Parliamentary Scrutiny and Budget Allocation 

While Parliamentary scrutiny of Commissioners' performance is deemed appropriate, there are opportunities for enhancement: 

• Inclusive Scrutiny: Broader engagement with rights holders and civil society groups can enrich the scrutiny process, ensuring diverse perspectives are considered. 
• Resource Allocation: Commissioners require increased resources to effectively fulfill their roles, especially amidst budget constraints and growing responsibilities. 

What happens now? 

The Parliamentary Committee will hear from Commissioners on Tuesday 30 April to hear evidence from each party around the Inquiry. You can read main points from each of the Commissioners’ responses to the Inquiry here. Following this, the Parliamentary Committee will consider the responses and evidence given to them. Read more about the Inquiry here.