Jeremy Balfour MSP has introduced this Member’s Bill. It will establish a Disability Commissioner for Scotland.
This is a Member's bill
The Bill was introduced on 8 February 2024 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
Jeremy Balfour MSP has introduced this Member’s Bill. It will establish a Disability Commissioner for Scotland.
The Disability Commissioner will promote and safeguard the rights of disabled people.
The Commissioner will have various roles, including:
The Commissioner may also undertake research on matters relating to disabled people.
In addition, the Commissioner will have the power to undertake investigations into issues that relate to disabled people or a disabled person.
Jeremy Balfour MSP believes that disabled people face many barriers in their day-to-day lives. A commissioner would be able to champion their rights and needs at a national level.
A commissioner could also influence change and make a positive difference to the lives of disabled people in Scotland.
Disability Commissioner (Scotland) Bill as introduced (1MB, pdf) posted 08 February 2024
Explanatory Notes (230KB, pdf) posted 08 February 2024
Policy Memorandum (364KB, pdf) posted 08 February 2024
Financial Memorandum (202KB, pdf) posted 08 February 2024
Statements on legislative competence (108KB, pdf) posted 08 February 2024
Explanatory Notes (302KB, pdf) posted 08 February 2024
Policy Memorandum (472KB, pdf) posted 08 February 2024
Financial Memorandum (293KB, pdf) posted 08 February 2024
Statements on legislative competence (159KB, pdf) posted 08 February 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on Disability Commissioner (Scotland) Bill
The Bill was introduced on 8 February 2024
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the Bill.
View the responses to the call for views
The call for views closed on 17 May 2024.
On 10 September 2024, the Committee held private informal engagement sessions with people with lived experience.
Sessions took place in Glasgow, the Scottish Parliament and online. Anonymised notes from these sessions are available to read:
Summary of key points (120KB, pdf) posted 01 November 2024
Engagement notes one (121KB, pdf) posted 01 November 2024
Engagement notes two (124KB, pdf) posted 01 November 2024
Online engagement notes (136KB, pdf) posted 01 November 2024
Scottish Parliament engagement notes (142KB, pdf) posted 01 November 2024
Young people engagement notes (124KB, pdf) posted 01 November 2024
Letter from the Convener of the Finance and Public Administration Committee to the Convener of the Equalities, Human Rights and Civil Justice Committee, 23 July 2024
Letter to the Convener of the Equalities, Human Rights and Civil Justice Committee from the Cabinet Secretary for Social Justice, 16 May 2024
Letter to the Convener of the Equalities, Human Rights and Civil Justice Committee from Jeremy Balfour MSP, 14 March 2024
The lead committee published its Stage 1 report on 10 December 2024.
Disability Commissioner (Scotland) Bill Stage 1 Report
Disability Commissioner Bill (Scotland) Stage 1 Report Easy Read format (4MB, pdf) posted 09 December 2024
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Scrutiny of the Financial Memorandum