Skip to main content

Language: English / Gàidhlig

Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

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

Criathragan Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 17 November 2024
Select which types of business to include


Select level of detail in results

Displaying 1054 contributions

|

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

They have a very strong voice, and there are people out there advocating on their behalf on social media. There are champions for women in the Parliament—people around this table have been championing women’s rights for many years. We have to look at the individuals who we are talking about and their lived experience, history and reality. That voice is not being heard in society, compared with those of people of many other protected characteristics.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

First, any commissioner doing the job properly will want to engage with third sector charities. When I have been going around, talking to people, what has been made clear is that the first thing that the commissioner needs to do is to get out there and hear what the issues are, hear what people are saying and hear about who is already doing what in this area. The commissioner, whoever he or she is, can be the individual who brings groups together, gets them to work together and helps them to run and focus on their campaigns. They do not necessarily have to do all the work themselves—they can be a facilitator, too.

We have seen that with the children’s commissioner, who has been very good at bringing and binding together children’s charities. I hope that the disability commissioner will have a close working relationship with the third sector and any campaigns; they might be running those campaigns or simply facilitating them and bringing people together to run them.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

Clearly, the commissioner must be independent, so we cannot tell them what to do, but they will produce an annual report that will come to the Parliament. That will provide an opportunity for, perhaps, a number of committees to scrutinise the work that the commissioner has done over the previous year.

I suppose that we would all say this, but it would be great if there was no need for a disability commissioner in 10 or 15 years’ time because disability was not seen as an issue and disabled people were getting the services, employment opportunities and everything else that people in the rest of society get. In an ideal world, the commissioner would work themselves out of a job.

We can measure the progress that is made. There are issues relating to transport, health and social care and employability, so, if nothing had changed in four years—the commissioner could be appointed for eight years, but there will be a gap at four years—there would be questions about whether that individual should be reappointed for a second term.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

I would be deeply worried if that happened. We absolutely need to set some goals or criteria by which we can measure progress. One of the problems in the public sector in general is that it is very difficult to measure such things.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

It is both. I think that, often, it is not being done properly—it is often a tick-box exercise. A lot of what happens in regard to policy is driven by public opinion—we have seen that. That public opinion, for many people, does not involve a disability voice. Part of the role of the commissioner would be to provide that voice, not just to Government and civic society but to address the societal issue. We need to challenge that societal issue.

We should be asking, “Can this person work?” To give a very personal example, when I went for my first job, they were only concerned about whether I could use a photocopier with my disability. That was the deciding factor in whether I got the job. Such societal issues need to be challenged—it is not about what you cannot do but about what you can do.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

No, convener; I am content.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

I get that. It is very interesting to see that, if you go back and read the stage 1 evidence that was taken for the creation of the children’s commissioner, exactly the same questions were being asked then: there are lots of children’s charities out there who are advocating for children to Parliament—why do you need a commissioner?

I think that there is something to be said for bringing things together. I think that you can see the effectiveness of the children’s commissioner, compared to children’s charities, over the past number of years. The questions that you are asking are absolutely legitimate. I think that they were asked and answered with the children’s commissioner. I would want to draw a line between those examples and say that they are very similar. In no way are we trying to push out or minimise what the third sector does, but there is a place for an individual or a commission to have that collective voice, which is really important. They can also look forward, consider legislation and see what issues people are facing, which charities often do not have the time to do.

Therefore, I would answer by saying that we should look at the fact that the same arguments were made with regard to the children’s commissioner. I think that we can answer in the same way with regard to a disability commissioner.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

They cannot deal with every issue, but they could highlight the issue to charities that work in that local area. There will be a role for information sharing—for asking whether people know about something that is happening in Ayrshire or on Arran, for example, and whether they have responded.

10:30  

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

My apologies.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

Good morning, colleagues. I introduced the Disability Commissioner (Scotland) Bill in February this year, having previously obtained the right to introduce a member’s bill.

The bill would establish a disability commissioner for Scotland, whose primary function would be

“to promote and safeguard the rights of disabled people.”

To achieve that, the commissioner would

“promote awareness and understanding of the rights of disabled people ... Keep under review the law, policy and practice relating to the rights of disabled people ... promote best practice by service providers”

and

“promote, commission, undertake and publish research ... relating to the rights of disabled people.”

The commissioner would also be able to investigate

“by what means and to what extent a service provider has regard to the rights, interests and views of disabled people in making decisions or taking actions that affect those disabled people.”

The financial memorandum that accompanies the bill was drafted by the non-Government bills unit on my behalf. In developing the financial memorandum, the NGBU consulted Scottish Parliamentary Corporate Body officials. A draft financial memorandum and draft bill were shared with SPCB officials prior to the bill’s introduction. In addition, the NGBU drew information from recent financial memorandums for bills that establish commissioners, as well as the annual accounts of existing commissioners. The policy behind the bill and the details of the financial memorandum were developed using the criteria in the session 2 Finance Committee’s report as valuable context.

The financial memorandum sets out my strong preference that, wherever possible, commissioners should share accommodation and services with other public bodies to reduce costs. However, provision for

“the location of the Commissioner’s office”

and

“the sharing of premises, staff, services or other resources”

would be subject to any direction from the SPCB and the availability of such premises and services at the point at which the commissioner was established.

The financial memorandum estimates that, initially, the commissioner would have four staff members. The estimated remuneration for the commissioner and their staff is based on information provided by SPCB officials. I consider it appropriate to provide estimated costs for four staff members, as that is in line with the staffing numbers of recently established or soon-to-be established commissioners. Should the commissioner seek to employ additional staff, approval would be sought from the SPCB. As the committee will be aware, the financial memorandum contains the best estimates based on the information available at the time.

I note the three responses to the committee’s call for views on the financial memorandum and take on board the points that were made in them. I further note the Scottish Government’s correspondence with the Equalities, Human Rights and Civil Justice Committee, in which the Cabinet Secretary for Social Justice noted:

“The cost estimates seem to broadly reflect what would be expected with the introduction of a new Commissioner role.”

I consider the costs incurred in establishing a disability commissioner to be an investment in disabled people that is long overdue. Establishing such a commissioner would ensure that disabled people had a champion who would promote and safeguard their rights. In focusing solely on the needs of disabled people, rather than having a remit spread over various protected characteristics, the commissioner would give disabled people the prioritisation that they need and deserve.

As always, I am happy to take questions from the committee.