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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 22 December 2025
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Displaying 1355 contributions

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Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 4 June 2024

Liz Smith

That is an interesting point about those commissioners who have regulatory, complaints handling or investigatory functions.

Take, for example, the Children and Young People鈥檚 Commissioner Scotland. They are, generally speaking, well supported by parties across the Parliament. However, when it comes to the measurement of achievements, such as on child poverty, on attainment and on a whole lot of other issues in which we are trying to improve the lives of children, you could argue that that advocacy has not been desperately successful. What is the Scottish Government鈥檚 view on how you measure the effectiveness of commissioners who have an advocacy function and are trying to improve human rights and give a voice to those who are more disadvantaged?

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 4 June 2024

Liz Smith

Do you think that it is a problem that the evidence to support whether they have been efficient, well run and effective in delivering outcomes is very hard to find?

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 4 June 2024

Liz Smith

I will follow on from Michelle Thomson鈥檚 line of questioning. When we had Professor Alan Page and Dr Ian Elliott in front of us two weeks ago, they both recommended a root and branch review of the whole commissioner structure. If the committee recommended that and Parliament agreed, would the Scottish Government be supportive?

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 4 June 2024

Liz Smith

Could you also reflect on the fact that the level of accountability to the Parliament is perhaps not sufficient when it comes to ensuring that commissioners are doing their job properly?

10:00  

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 28 May 2024

Liz Smith

That is an interesting and very important comment that you have just made.

It all comes down to the question of accountability. Two weeks ago, we took evidence from somebody who said that he had been required to put only one report before a committee. I was very surprised by that; in fact, I found it extraordinary that that was the level of accountability for that particular commissioner. In trying to restructure things and ensuring that we have greater efficiency, we must ensure, too, that there is greater accountability to the Parliament for any job that a commissioner has. It is my view鈥攁gain, it is a personal one鈥攖hat we are not doing that very well just now. Some commissioners are not having to go before committees too often to put forward their views and be questioned about them. I wonder whether that is something that the SPCB would agree with.

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 28 May 2024

Liz Smith

In your opening remarks, you made it very clear that proposals for new commissioners are largely for commissioners with an advocacy role. A big question is why that has come about. Not all the existing commissioners have a regulatory or a complaints role鈥攐r whatever it might be鈥攂ut most do; they are not generally on the advocacy side of things, with one or two exceptions.

If we are trying to change the structure, we need to ask whether we should be concentrating on that advocacy perspective. Speaking personally, I think that that flags up failures in the delivery of public services. You have talked about people not feeling that their rights are being respected properly, so is that a line of thought that we should be looking at in more depth?

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 28 May 2024

Liz Smith

I will set out what I think the main challenge is鈥攏amely that, as quite a lot of our witnesses, particularly Professor Page and Dr Elliot last week, have been very intent on making it clear to us, we should be thinking about overhauling the existing commissioner structure completely. However, as Mr Carlaw has rightly said, there is an issue with trying to remove existing commissioners, as it would be quite difficult to do.

Therefore, we have the existing commissioners鈥攑lus the commissioner for patient safety, which has already been confirmed in legislation鈥攁nd we have proposals for new commissioners. Do slightly different arguments need to be made in relation to those existing and proposed roles? Do we need a different focus when it comes to proceeding with demands for new commissioners?

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 28 May 2024

Liz Smith

Which raises the question whether we need any of them at all. I will leave that there, though.

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 28 May 2024

Liz Smith

Would you make that point on a financial basis, as it might save us money, or because you genuinely think that there is too much overlap?

Finance and Public Administration Committee

Scotland鈥檚 Commissioner Landscape

Meeting date: 28 May 2024

Liz Smith

Does the corporate body have any views on the potential for merging existing commissioner roles? I am sure that some of my colleagues will question you further on that. In general, though, do you think that there are possibilities for merging the roles of some commissioners?