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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 4 May 2021
  6. Current session: 13 May 2021 to 10 February 2026
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Displaying 4270 contributions

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Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

I would say that the common thread in everything, when I have been on the ground floor of any decision that has been made, is that the people who make the decision move on, and other people come in behind them, who, in turn, are succeeded by other people again. Those people who understood the what, the why, the where and the when have disappeared, and the agenda of the people who are there subsequently is different.

There are lots of things in public life that any one of us might have been involved in, and we might look at what is being done now and think, “That’s very different from anything that was going on when I was involved in it. I’m not sure that’s why it was there or what it was there to do.”

I think that that is just the natural process. The Parliament is not a fixed body; it is a body of parliamentarians. As I have observed before, I think that we had 50 new parliamentarians in 2016 and 40 new parliamentarians in 2021. Of the 129 current MSPs, very few of them were here before. The number who were here when the Parliament was created, or even when any of the decisions about commissioners were taken in 2006 or 2008, is very small. I do not think that people are reminded of the institutional memory of Parliament in any respect whatsoever. Everybody just lives in their current stream and operates within it. That is how we function. That is not to be recommended, but it is as it is.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

I think that I have suggested a phased approach. My first step would not be to reverse engineer the system but, in any structure that I created, it would be understood that, at some point, the existing appointed office-holders would be required to fit within that new structure. However, that would not be my starting point.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

The point that I have been trying to make is that Parliament itself now has to take a role in that. By that, I mean the politicians in Parliament who discuss these things in a transparent and open way and not the corporate body, whose job it is simply to execute the will of the Parliament. As a Parliament, we need to consider what the architecture of those positions should be.

The leadership for the actual political execution within public services comes from Government. It should be holding the public services to account and politicians should be holding the Government to account to ensure that those public services are held to account. To my mind, that is the democratic route for taking forward these things. I have always been concerned that, with this raft of commissioners, we are creating a new level of Government that did not exist when the Parliament was established. It is not elected, and it is not properly accountable, but there is a danger that the elected representatives who are challenging the Government are saying that it is not their job but the commissioners’ job to take these things forward, and we are all then left wondering what we do in that regard. Parliament has to understand the beast that it is creating, because it is Parliament that is creating it.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

David McGill was hoping to come in.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

I do not know that the corporate body would have a view about that in particular.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

You are asking me to draw on nearly 50 years of involvement in politics.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

Again—I am looking at Maggie Chapman here—that is not something that the corporate body has discussed, but I have to say that the idea that you articulate is a very interesting one. It would create the advocacy opportunity that you have identified, but perhaps with a beginning, a middle and an end in terms of clear accountability through the committee structure. You have presented a very interesting alternative way of considering how the advocacy functions might be taken forward.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

In the previous session of Parliament, we did everything that we could to rationalise costs by bringing together as many of the commissioners as possible. From memory, we saved about £0.5 million through that work.

I know that additional space has become available and that there is the possibility of consolidating. That would work, because it would allow the commissioners to share some back-office functions, which would certainly save money. One or two other commissioners are located in places with quite long leases attached to them, so it will be longer before those can be looked at again.

We are pretty rigorous. The corporate body does not roll over and say, “You asked for another £1 million, how about £2 million?” We are more inclined to say, “Hang on a minute: you asked for another £1 million but can you explain why?”, and we have declined some requests.

It is also the case that some commissioners have had additional responsibilities placed on them that come with a consequent requirement for additional staff so that those can be fulfilled. I come back to the fact that it is the corporate body’s responsibility to ensure that office-holders who have been established by the will of Parliament are adequately resourced to undertake their functions. It would be difficult to apply a fixed budget, given that, even as we speak, additional responsibilities are being attached to the commissioners that we currently have and that those responsibilities will bring additional burdens with which they will have to cope.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

I would hope not. There is a characteristic history of legacy reports from one parliamentary session to the next, with those legacy reports forming the basis of understanding as to how Parliament will proceed. I do not think that there is any political ill will on that point, but nobody has actually thought about it. The control that there was previously, with the Government being very reluctant to facilitate the establishment of such bodies, has changed. Therefore, if there was an agreed architecture, most MSPs in a future Parliament would be quite happy to operate within whatever that architecture was. That is my own view.

Finance and Public Administration Committee

Scotland’s Commissioner Landscape

Meeting date: 28 May 2024

Jackson Carlaw

The first thing to say is that there is my personal view and there is the view of the corporate body. The corporate body does not have an executive function in this regard. We are there to implement the will of Parliament as expressed. I noticed a suggestion from the Deputy First Minister that the corporate body could have a series of tests by which the establishment of a commissioner would be judged. That is not our responsibility. We in the corporate body do not have a party-political function. It is the will of Parliament to express whether it wants a commissioner and our responsibility is to facilitate that commissioner.

Professor Alan Page made a point about the complete volte face of the Government that is directly relevant to what you say. In 2008, I served on the committee that was established at the Government’s instigation to rationalise the number of commissioners that we had. That was difficult because, once the recommendations that we made to rationalise commissioners—with all the support of colleagues as we did it—became public, the people who saw that their commissioner might be rationalised away started campaigns with MSPs, who then got cold feet about the idea of rationalising commissioners. The problem is that, once the commissioners are there, they are difficult to walk back from.

The Scottish Government now seems keen on the establishment of commissioners as an instrument of policy. Whatever has changed, the Parliament has never had an architecture by which it and MSPs independently judge whether the establishment of a commissioner is a good thing. It is simply a proposal—for example, in a member’s bill—that goes through the relevant committee without more general and rounded consideration of whether it adds to or hinders the overall architecture. If the Government is going to be keener on that, rather than unenthusiastic, Parliament has to consider whether it should set up the architecture by which such proposals are judged, before it even gets to the discussion in committee of what the individual’s particular powers might or might not be.

In that sense, we have to be a bit keener on saying no to some things. David McGill always tells me that I am in danger of exaggerating these things but, wearing my finance hat, I think that it is about 12 per cent of our budget now.