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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 5 May 2021
  6. Current session: 12 May 2021 to 5 May 2025
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Displaying 1488 contributions

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Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

In addition, there is perhaps a distinction between how we view our role in respect of the different types of commissioners. For instance, some of the complaints-handling commissioners report to us a significant increase in complaints, and a lack of resources to deal with those complaints in a timely way. We would then say, “What is it you need? How can we make this work within budget? Do you need to draw on the contingency budget?”—that is the budget that David McGill mentioned earlier.

With regard to outcomes, we have done numbers tracking in quite considerable detail, with the complaints-handling commissioners, but I think that that is of quite a different quality to the outcomes that we might expect to be delivered by the Scottish Human Rights Commission or the Children and Young People’s Commissioner Scotland, for example.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

My overall assessment is that it is delivering on what it needs to do. It wants to do more, and we in this place might wish it to do more, but it cannot necessarily do more without additional support.

However, that question is not for the corporate body; it is probably better addressed to the Equalities, Human Rights and Civil Justice Committee, which scrutinises the commission. As deputy convener of that committee, I know that it has regular conversations with the commission, but the matter itself is beyond the corporate body’s remit.

11:00  

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

With the proposals that are going through now, one of the questions that we have discussed—again, it is not for us to dictate or mandate—is whether, if a commissioner is proposed to deal with a particular systemic failure, there should be a sunset clause that limits the lifetime of that office to deal with that specific issue and then that is the end of it.

As Jackson Carlaw said, where is the on-going accountability? Commissioners are accountable to Parliament and committees but, in terms of role expansion and role creation, if they are established to do a particular piece of work, how do they grow, expand and take on more responsibilities? Never mind the work that they do—where is the accountability for the overall role changes that happen over time?

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

I would reiterate those comments and thank you for taking up this issue. What exercises us in the corporate body is our ability to provide the resources and governance support required, not only through the corporate body itself but by the offices that provide the on-going, routine, sometimes daily but more often weekly or monthly support to the different office-holders. The question for us is how sustainable the current system is if we keep adding office-holders. Thank you, again.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

It is a numbers game.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

I will kick off, then David McGill can come in.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

Michelle Thomson talked about siloing and how witnesses have spoken about their patch. There have been a couple of exceptions to that, and I refer again to the Scottish Human Rights Commission review report from last year, which looks at the landscape as a whole, from an external, non-Government, non-Parliament point of view, and says that it will cause a problem if it carries on. There are certainly areas of concern, maybe specifically within the rights and advocacy space, but there are concerns beyond this place about the proposals that we might have to consider in the coming months and years. I do not think that there is necessarily the antagonism to have those discussions on a broader holistic footing.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

I think that it is about governance and accountability. Jackson Carlaw and I probably come at this issue from opposite sides—Jackson in his finance role and me in a more governance-focused role—but I think that there is a mutuality there. If we get a better structure of commissioners—or whatever those roles turn into, if they are not office-holders—will it deliver better for people? That is ultimately what we should be ensuring.

From my point of view, the financial aspect is a concern and a worry, but we need change, because at present we are not necessarily giving the commissioners the scrutiny that they require across Parliament, and they are not necessarily undertaking functions in a way that meets the hopes and wishes of the people who established them right at the start. There is an opportunity to restructure and amalgamate, and I would welcome the space in Parliament to have those discussions in a comprehensive way.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

I will be brief. I thank the committee for inviting us to give evidence for its inquiry into Scotland’s commissioner landscape. As you are aware, the corporate body currently supports seven office-holders and funds the devolved Scottish activities of the Electoral Commission. We will also support the new patient safety commissioner for Scotland when they are appointed and their office is established.

As you know, we have previously raised concerns with the committee and with the Scottish ministers about the growing number of commissioners and the impact of that on the corporate body’s workload, overall budget and staff. A lot of our responsibilities are reactive and responsive to decisions that are made by the Parliament. We are therefore grateful to contribute to the inquiry and to your work, and we look forward to the discussion this morning.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Maggie Chapman

For all commissioners, there are written agreements between ourselves and the relevant committees that clearly outline the different roles and responsibilities of the corporate body and the subject committees. Those agreements set out a robust governance role for the corporate body and support the effective scrutiny of committees in their respective functions. The corporate body has responsibility for funding the various office-holders, as you have already heard, as well as oversight of the governance arrangements, which includes ensuring that the office-holders follow the appropriate practices for employment and standards as employers. The corporate body sets those conditions.

Office-holders are accountable to the Parliament for the functions laid out in legislation, and they do so by providing annual reports. Committees will also call in office-holders on an annual basis for scrutiny sessions. The corporate body’s role is discrete: it looks at funding and at how the governance arrangements are set up. We appoint the accountable officer for each of the commissioners; we also receive the annual reports and discuss the budget asks, given our role with regard to funding. There is a separation between the funding and governance aspects, and the scrutiny and accountability of the commissioners’ functions—the corporate body scrutinises funding and governance while committees scrutinise their functions.