Hansard

Thank you, convener. Good morning, colleagues. I thank the committee for all the work that it has done to date in considering my bill. I have been following the evidence sessions with great interest, and I welcome the views of all who have contributed. I was pleased to hear continued overwhelming support for the bill being expressed during the evidence sessions, particularly by organisations that work with and for disabled people. I think that everyone who has given evidence to the committee, including public bodies and the Minister for Equalities, accepts that the current situation that disabled people face, particularly in the aftermath of the Covid pandemic, is simply not good enough. There was cross-party consensus that, in relation to understanding, representing and actioning the needs of disabled people in Scotland, change is needed and is needed now. Disabled people cannot wait any longer for a disability commissioner. I introduced the Disability Commissioner (Scotland) Bill in response to such concerns, with the aim of ensuring that disabled people have a champion—someone whose sole focus is on disabled people. I acknowledge that not everyone thinks that a commissioner is the solution, but I believe that a commissioner can only have a positive impact in improving the lives of disabled people. In developing my bill, I drew inspiration from the work of the Children and Young People’s Commissioner Scotland, as that role has shown the positive impact that an advocating rights-based champion can have. I also note the work of the Older People’s Commissioner for Wales and the Commissioner for Older People for Northern Ireland. The commissioner model is popular for a reason—it works. A disability commissioner could play a similar high-profile role to those that I have highlighted by advocating for disabled people at a national level. I note that some witnesses raised concerns with the committee. For example, there was a view that there are already a number of existing commissioners and public bodies that have a remit in helping disabled people, and that the creation of a disability commissioner might lead to duplication of work and overlap of remits. I firmly disagree. I acknowledge the important and wide-ranging work of public bodies such as the Scottish Human Rights Commission and the Equalities and Human Rights Commission, but those organisations’ remits are split between multiple protected characteristics and the impact can therefore be diluted. Only a disability commissioner would be able to be laser focused on disabled people, as is urgently needed. Moreover, I believe that the work of a disability commissioner would complement that of existing bodies. For example, currently, protecting the rights of children in Scotland falls within the remits of the Children and Young People’s Commissioner Scotland, the SHRC and the EHRC, but that has not prevented those organisations from being able to carry out their roles and, as far as I can see, it has not led to any problems or duplication of work. I note that the majority of those who have raised concerns about the establishment of a disability commissioner, particularly regarding the potential for overlap of remits and the costs involved, are in positions of authority and power, such as politicians and public bodies. Very few, if any, disabled people or third sector organisations have raised those issues as major concerns. Yes, public bodies that help disabled people already exist at a national level, but we are being told by disabled people that they are not meeting their needs. I will quote Heather Fisken from Inclusion Scotland: “If the landscape is so busy, why has there been no change so far?”—Official Report, Equalities, Human Rights and Civil Justice Committee, 11 June 2024; c 8. We must listen to what disabled people are telling us, rather than to the public bodies that are currently not having the necessary impact. I note that the Finance and Public Administration Committee’s report on the commissioner landscape was published yesterday, as the committee is probably aware. The report calls for “a moratorium on creating any new SPCB supported bodies, or expanding the remit of existing bodies” until a review has been undertaken. I understand the instinct to have a review—I would even encourage that to happen—but it should not take place until disabled people have been given the same chance as other groups to benefit from a champion who speaks on their behalf at all levels of government. Pulling up the ladder on disabled people at this point would send a clear message that they are less worthy of an advocate than others. It is also worth noting that the recommended review would conclude by June 2025, which would, in effect, end any chance of further legislation on the proposal for a disability commissioner being introduced in this parliamentary session. I note that other concerns have been raised about the potential cost of a disability commissioner. I emphasise what I said when I gave evidence to the Finance and Public Administration Committee: I consider the costs that would be incurred in establishing a disability commissioner to be relatively modest in the context of the Scottish Government’s total budget of £30 billion, and those costs should be seen as an investment in disabled people that is long overdue and very much needed. It is my firm belief that establishing a disability commissioner will ensure that disabled people have a champion who will give them the prioritisation that they need and deserve. The commissioner’s overarching purpose will be to promote and safeguard the rights of disabled people. The bill sets out various functions that will help the commissioner to achieve that goal. Those include promoting awareness and understanding of the rights of disabled people and promoting best practice by service providers. That could be carried out in a multitude of ways, but it is important that the views of disabled people are central to that work. For that reason, the bill provides that the commissioner must consult disabled people and organisations that work with and for disabled people on the work that the commission is undertaking and must publish a strategy for involving disabled people in their work. The commissioner must ensure that those who have difficulty in making their views known or in accessing information have the means to do so when engaging with the commissioner. That could be done through the provision of information in different formats, such as Braille and easy read. The recent programme for government was yet another bitter blow for disabled people in Scotland, with the news that the Scottish Government will not be pursuing a human rights bill in this parliamentary session, as was previously planned, and that the proposed bill to create a learning disability, autism and neurodiversity commissioner has been shelved. On top of that, many disabled people’s organisations believe that the Government’s disability equality plan falls short of its promised intentions. Glasgow Disability Alliance stated that it “lacks ambition, meaningful actions or commitments needed to improve disabled lives blighted by #Poverty #Trauma #Inequality”. Inclusion Scotland stated that it was disappointed that the draft plan does not include the actions that it had discussed at a meeting with the First Minister. The Scottish Government’s disability equality plan is therefore not an effective or credible alternative to establishing a disability commissioner. If a disability commissioner is not the answer, what is? We know that disabled people need action now. They cannot wait any longer. The bill seeks to make positive changes for disabled people and is in front of the Parliament now. No viable alternative is currently on the table to ensure that disabled people have a champion who will ensure that their rights are respected and enforced. The proposed learning disability, autism and neurodiversity commissioner bill is being dangled in front of us, but, for the foreseeable future, it will remain out of reach. We are being asked to trust existing institutions to provide a voice for disabled people when they previously have not provided that voice, even though they already have that mandate. The reality is that they will never be able to prioritise disabled people because they have such broad remits. Only a disability commissioner will be able to focus their full attention on disabled people. If the bill falls, we risk this parliamentary session ending without our having passed any meaningful legislation to improve disabled people’s rights, which would be shameful. We know that disabled people need action now. They cannot wait any longer. I therefore urge the committee and the Parliament to ensure that this opportunity is not missed and to support the bill. I am afraid that disabled people will not forgive us if we do not pass it. I am happy, as always, to answer questions.