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Chamber

Meeting of the Parliament 31 October 2024

31 Oct 2024 · S6 · Meeting of the Parliament
Item of business
Scotland’s Commissioner Landscape

Absolutely. I would not go as far as Professor Alan Page, who suggested:

“is my MSP not my commissioner?”—[Official Report, Finance and Public Administration Committee, 21 May 2024; c 70.]

There is something about structural integrity, accountability and reporting back that, as individual members, we cannot do. I would love to scrutinise the national performance framework and question how it is implementing the sustainable development goals, but there is no way that I can do that as an individual member. There is a point about having collective responsibility and focus.

The report acknowledges that not all commissioners are the same, as a couple of other members have said. This week, we saw the importance of the Scottish Information Commissioner. The Scottish Biometrics Commissioner made valuable comments in the report about timescales and changes relating to the purpose of commissioners that occur between when they are established and the years after. It is important that those issues are considered by such a committee as gets established.

Another point that has been made is that the term “commissioner” can mean different things to different people. However, stopping all commissioners would potentially be throwing the baby out with the bath water. We need proper consideration.

I want to give a sense of the discussions that I have been having in relation to my member’s bill, which recommends establishing a commissioner for sustainable development and wellbeing. The Scottish Government has also consulted on a future generations commissioner. The two consultation documents are incredibly similar, and there is a huge overlap. I had an excellent meeting with the Deputy First Minister and the Minister for Employment and Investment, and we have agreed to engage constructively on my bill. They are very keen to see the draft that is currently being prepared by the non-Government bills unit. That does not mean that they will support my bill or, indeed, any of the details in it, but it was a constructive dialogue, and responses to the consultations that we have carried out were incredibly supportive.

Comments were made, by Craig Hoy in particular, about value for money. We have an ageing population and there are huge pressures on our national health service, and the recommendations of the Christie commission in 2011 have still to be implemented. There is also the need to tackle our climate crisis while creating jobs and investing in our communities. We need joined-up action, which we are simply not getting at the moment.

The recent academic report that was produced by the Carnegie UK Trust pointed out that the national performance framework is insufficient when it comes to ensuring that sustainability and wellbeing are at the heart of policy making.

Michael Marra’s points about advocacy are important, but I note that the term “commissioner” can cover very different roles in the areas of accountability and scrutiny. There is an issue about ensuring that successive Governments of any party meet legal targets and achieve the United Nations sustainable development goals across all policy areas. There is significant scrutiny in that area currently. The Carnegie report talked about the need for a “helicopter” approach, which is about not just individual committees but cross-committee and cross-ministerial reviews.

Reform of the commissioner landscape should include greater consideration of progress made in other countries. I hope that that will be included in the work of the proposed committee. The approach of the Welsh commissioner has shaped my thoughts on the drafting of my bill, on which the non-Government bills unit is currently working. I have considered the financial savings that were generated by establishing the Future Generations Commissioner in Wales, and the clarity and sense of direction that the Welsh Government has picked up since then.

Colin Smyth mentioned lobbying by organisations. Earlier this month, all members were issued with a letter from more than 130 organisations, which urged the First Minister to support my bill. Reform has been an issue since before 2021, so that conversation has been on-going.

I very much welcome the opportunity for a proper discussion on the commissioner landscape. The Scottish Human Rights Commission has highlighted the need for a coherent infrastructure, but we should be careful not to downplay or reduce the effective work of existing commissioners. More integrated working and support are important, but let us not forget the importance of those commissioners’ remits. The Scottish Parliament regularly struggles with long-term thinking. Commissioners potentially enable a bigger-picture approach to be taken to legislation, improve scrutiny and increase action on the important issues that our constituents have elected us to act on.

I move amendment S6M-15086.2, to, leave out from “; agrees with” to end and insert:

“, and notes the recommendation that a dedicated committee should be established to carry out a ‘root and branch’ review, to be concluded by June 2025, with the purpose of creating a clear strategic framework to underpin and provide more coherence and structure to the Scottish Parliamentary Corporate Body (SPCB) supported body landscape.”

15:35  
References in this contribution

Motions, questions or amendments mentioned by their reference code.

In the same item of business

The Deputy Presiding Officer (Liam McArthur) LD
The next item of business is a debate on motion S6M-15086, in the name of Kenneth Gibson, on behalf of the Finance and Public Administration Committee, on Sc...
Michael Marra (North East Scotland) (Lab) Lab
In the absence of the convener, and as deputy convener, I am opening today’s debate on behalf of the Finance and Public Administration Committee on our “Repo...
Jeremy Balfour (Lothian) (Con) Con
Does that mean that the member believes that the commissioner in the Victims, Witnesses, and Justice Reform (Scotland) Bill should be taken out and that we s...
Michael Marra Lab
That is not a position that the committee has taken, and it is not contained in the recommendations of the report. The recommendations of the report, which I...
Sarah Boyack (Lothian) (Lab) Lab
Does the member acknowledge that a range of different commissioners are being proposed? If he looked at the proposals for a future generations commissioner a...
The Deputy Presiding Officer LD
I ask members who are making an intervention to press their intervention buttons. I can give you the time back for those interventions, Mr Marra.
Michael Marra Lab
Thank you, Presiding Officer. The committee would certainly recognise that a wide range of different commissioners with different purposes is being proposed...
The Deputy Presiding Officer LD
I call Ivan McKee to speak to and move amendment S6M-15086.3. 14:59
The Minister for Public Finance (Ivan McKee) SNP
I thank the Finance and Public Administration Committee for bringing this important issue to the chamber and for its excellent report on the commissioner lan...
Martin Whitfield (South Scotland) (Lab) Lab
In relation to bills that propose a future commissioner, the Scottish Government’s amendment uses the phrase “been introduced”. Is the Government’s definitio...
Ivan McKee SNP
I will come on to talk about that point, but we have identified that it is for Parliament and its committees to take a view, in the context of the discussion...
Michelle Thomson (Falkirk East) (SNP) SNP
The minister will note that the committee recommended that the ministerial control framework should be published. Is the Government willing to do that?
The Deputy Presiding Officer LD
I can give you the time back, minister.
Ivan McKee SNP
We have already sent the ministerial control framework to the committee, so it should be in receipt of it. It is worth emphasising the point about the wider...
The Deputy Presiding Officer LD
I call Maggie Chapman to speak on behalf of the Scottish Parliamentary Corporate Body. 15:08
Maggie Chapman (North East Scotland) (Green) Green
I speak in the debate as a member of the Scottish Parliamentary Corporate Body. I begin by thanking the Finance and Public Administration Committee for und...
Martin Whitfield Lab
I am grateful to Maggie Chapman for taking an intervention. Can she confirm whether the SPCB has always been comfortable with some of the challenges, particu...
Maggie Chapman Green
I thank Martin Whitfield for that intervention. I do not know whether he is referring to operational challenges, but those are not within our remit. Our remi...
Craig Hoy (South Scotland) (Con) Con
On behalf of the Scottish Conservatives, I welcome the Finance and Public Administration Committee’s report and offer my thanks to the committee for carrying...
Michelle Thomson SNP
Does Mr Hoy agree that the addition of scrutiny of public administration to the finance brief for the first time in this place has been very worth while and ...
Craig Hoy Con
Absolutely. One of the things that Government does not do often enough is look at Government itself. Organisations in the corporate environment do that each ...
Martin Whitfield Lab
Is it Craig Hoy’s understanding that “introduced” means the same as it does in standing orders? In other words, bills that the Government has introduced to P...
Craig Hoy Con
I heard what the minister said about that and Liz Smith will address that point on behalf of my party. Regardless of the interpretation of either the amendm...
John Mason (Glasgow Shettleston) (Ind) Ind
Will the member accept an intervention?
Craig Hoy Con
I do not have time, unless I can get some time back.
The Deputy Presiding Officer (Annabelle Ewing) SNP
You can get the time back, Mr Hoy.
John Mason Ind
Does the member agree that there could also be an issue with groups that are already stronger in society demanding a commissioner, whereas weaker groups with...
Craig Hoy Con
The member takes me to my next point, which is that there are already strong channels through which organisations can communicate with the Scottish Parliamen...
Colin Smyth (South Scotland) (Lab) Lab
Craig Hoy has made the point that all those third sector organisations and charities have an appropriate forum in which to raise their concerns. If that is t...
Craig Hoy Con
There is a difference between giving somebody a voice and the person who is listening to that voice responding to it. When I was shadow minister for social ...