Achi news desk-
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Commissioners can focus on under-represented groups – such as children, older people, women, victims of crime or disabled people – or a specific issue – such as domestic abuse, social mobility and disadvantage, biometrics, ethical standards or health. In Scotland there are a variety of commissioners. However, there is very little published research on the subject and there is no manual or blueprint within government for designing the role.
A commissioner is an individual who advocates for a specific group, generally supported by a team of staff. These are very individual roles, and the individual appointed can make a significant difference to the way the role is undertaken.
Examples of a single commissioner’s role in Scotland include the Scottish Children and Young People’s Commissioner, the Scottish Information Commissioner and the Scottish Biometrics Commissioner. Each commissioner has a team of staff supporting them.
The roles and responsibilities of commissioners are generally set out in law, and the powers that commissions have can vary.
Commissioners act independently of the government, and can hold the government to account. They are generally appointed by the Scottish Parliament. Commissioners are generally appointed for a fixed period of time (usually 3-5 years) and there are usually rules about how many terms they can serve as a commissioner.
Commissioners are responsible for employing their own staff, who are not civil servants, and managing their own budgets from funding provided by the Scottish Parliament.
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There are currently seven commissioners with an eighth – a patient safety commissioner – agreed to by Parliament last year.
The current ones are:
- Commissioner for Ethical Standards in Public Life in Scotland
- Biometrics Commissioner for Scotland
- Children and Young People’s Commissioner for Scotland
- Scottish Human Rights Commission
- Information Commissioner for Scotland
- Public Services Ombudsman for Scotland
- Scottish Standards Commission
How much do they cost for a year?
The job of the seven commissioners in Scotland cost the public purse a total of £16.6m in 2023-24 and this amount is predicted to rise to £18.4million in 2024/25. With plans to double the number of commissioners to 14 by the end of this five-year parliamentary term, this cost will rise further.
What are the plans for the future?
A Scottish Government Bill is going through Parliament which would establish a Victim and Witness Commissioner.
Draft proposals for Members’ Bills could see the following three created:
- Disability Commissioner
- Commissioner for Older People
- Commissioner for Well-being and Sustainable Development.
The Scottish Government is also considering creating: Commissioner for Future Generations and Commissioner for Learning Disability, Autism and Neurodiversity
Why is the finance committee conducting an investigation and what will it examine?
The auditor’s terms of reference are as follows:
- Build a better understanding of how the landscape of Commissioners in Scotland has evolved since devolution
- Improve clarity about the role, and different types, of Commissioners and their relationship with the government and parliament
- Find out the extent to which a more coherent and strategic approach to the creation and development of Commissioners in Scotland is needed and how this can be achieved
- Provide more transparency about how the governance, accountability, budgeting and scrutiny arrangements work in practice, and whether any improvements are needed
- Identify where any lessons can be learned from the Commissioners’ international models
- The investigation will not consider the general landscape of the public body or make recommendations on the merits of individual Commissioners or otherwise.
What concerns have been raised so far about the plans to expand the number of commissioners?
Gina Wilson, head of strategy for Scotland’s children and young people’s commissioner, said that “the increase in commissioner offices will be costly and may not provide good value for money for taxpayers, particularly if there are a number of bodies tasked with intervene on similar or identical matters”.
In a new submission to the committee, Ms Wilson said: “Currently, a range of proposed new commissioners have been put forward. There is little evidence of coherence to the approach. There is also little evidence of consideration of how new commissioners would work together or obtain resources.”
He added: “There is a further risk of scope and competition between commissioners – a deliberate or unintended ‘small power’. It will be important to establish boundaries and ways of working, or you risk threatening the ability of the existing offices to carry out their functions appropriately.”
What does the Scottish Government say?
In a letter to the finance committee sent last month, Deputy First Minister Shona Robison stated that the Scottish Government’s Ministerial Management Framework (MCF) “aims to ensure that decisions about the creation of new public bodies are made on the basis of evidence and value for money against the background of significant pressure on public spending”.
He said the MCF included the following three principles:
- The Scottish Government’s policy is that any new public body should only be established as a last resort
- The approval process for establishing a new public body through the MCF should only be followed after considering all other delivery mechanisms.
- Approval to establish a new public body must be formally sought from the Cabinet before any decision or announcement is made.
