The commissioner landscape in Scotland has evolved since the start of devolution, with seven independent Commissioners now in operation and one more recently agreed by Parliament.

A further six commissioners have been proposed or are being considered that could bring the total to 14 by the end of this five-year session of Parliament.

The Scottish Government says there is little research in Scotland, or the UK, on commissioners which evaluates their powers or ways of working.

For this inquiry, ‘commissioner’ means any officeholder (Commission, Ombudsman or Commissioner) whose terms and conditions of appointment and annual budget are set by the Scottish Parliamentary Corporate Body (SPCB).

The inquiry will consider whether a more coherent and strategic approach is needed for the creation of such commissioners in Scotland.

Current position

There are currently seven ‘officeholders’ or commissioners directly responsible to the Scottish Parliament.

These are:

• Commissioner for Ethical Standards in Public Life in Scotland
• Scottish Biometrics Commissioner
• Scottish Commissioner for Children and Young People
• Scottish Human Rights Commission
• Scottish Information Commissioner
• Scottish Public Services Ombudsman, and
• Standards Commission for Scotland.

Current cost of commissioners

The total budget for commissioners directly responsible to Parliament in 2023/24 was £16.6m million:

• smallest = £0.3m
• largest = £6.7m. 

Inquiry remit

The remit is:

• to foster greater understanding of how the Commissioner landscape in Scotland has evolved since devolution
• to enhance clarity around the role, and different types, of Commissioners and their relationships with government and parliament
• to establish the extent to which a more coherent and strategic approach to the creation and development of Commissioners in Scotland is needed and how this might be achieved
• to provide greater transparency to how the governance, accountability, budget-setting, and scrutiny arrangements work in practice, and whether any improvements are required, and
• to identify where any lessons might be learned from international Commissioner models.

Note: The inquiry will focus on SPCB-supported commissioners and officeholders only.

The inquiry will not:

• consider the overall public body landscape
• examine the role of those commissioners who report directly to the Scottish Government, or
• make recommendations on the merits or otherwise of individual Commissioners.

Additional commissioners

In September 2023, Parliament passed a Bill to create the:

• Patient Safety Commissioner.

A Bill is also going through Parliament that would establish a:

• Victims and Witnesses Commissioner.

Draft proposals for Members Bills could see a further three Commissioners created:

• Disability Commissioner
• Older People’s Commissioner
• Wellbeing and Sustainable Development Commissioner.

The Scottish Government is also considering creating:

• Future Generations Commissioner
• Learning Disability, Autism and Neurodiversity Commissioner / Commission.