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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 6 May 2025
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Displaying 1222 contributions

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Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

No, they could come from a number of sectors. They could come from many different backgrounds, but they would see this as a role that they could play. They might come from the third sector, or they might come from other professional backgrounds; indeed, they might not have a professional background at all, but still have the skills that are set out. If this happens, we will want to throw the net as wide as possible and not limit ourselves with regard to who can apply for the job.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

No, I hope that that would not happen. As you said, many third sector charities are quite well resourced, and they will still see such issues as for them. Some of the issues are quite complex. Disability is not like some other protected characteristics, in that there is no one answer.

The example that I always give relates to dropped kerbs. A dropped kerb is really helpful for individuals with certain disabilities—for someone in a wheelchair, it means that they can get across the road. However, for someone with a guide dog, a dropped kerb is a nightmare, because the dog does not know when they are coming to the edge of a pavement. Those are two slightly conflicting interests, and it will be for the disability commissioner to work through such issues. Not every issue will be the same for every disabled individual, so we might want the disability commissioner to advocate in two areas, whereas a charity with a particular interest will advocate on only one issue.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

I have heard that suggestion and I have read the submission on that. My concern would still be that disability would be left behind compared with many of the other protected characteristics, because of the reasons that I have outlined. Many disabled people find it very difficult to engage and to have the energy and the ability to advocate for themselves. There are many good third sector charities that work in the space already, but the approach is not often holistic and sometimes, there can be conflicting views—and rightly so. I would be deeply concerned, if we simply gave more powers to a commission that already has a lot of powers and has not focused on disability, that disabled people would be left behind again. That may not be the case next year, but we have to future proof this for five, 10, 15 or 20 years down the road.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

I absolutely agree that MSPs, MPs and local councillors should be advocating on behalf of constituents, but that does not deal with the broader policy issues that come out of the Government and the Parliament. We need a co-ordinated voice—somebody who can bring together the disability community so that it can speak to the Parliament.

In the eight years that I have been here, it has been noticeable how very infrequently you hear the disabled community speaking as one voice. Part of that is because it is very difficult for disabled people to find that energy—or even the availability and accessibility of places.

I am not here to write the job description of a disability commissioner, but there will be a role for them beyond just advocacy. They have to look at where policy is and where it should be going, and engage with Government, Parliament and other public bodies to produce that—in a similar role to that of the Children and Young People’s Commissioner Scotland.

I absolutely welcome your review of commissioners. We as a Parliament have to address that. However, it needs to be done holistically and in a way that goes back and looks at what previous commissioners have done and are doing. Also, I am slightly concerned that, due to timing, we are now saying, “Let’s pull up the drawbridge and stop at this point.”

Let us have a holistic review. Within the past year, the Parliament has created a commissioner for patients’ rights; probably before the end of this year, legislation will come through to give victims and witnesses a commissioner for their rights. As a Parliament, therefore, we are not necessarily saying that having commissioners is wrong. My concern is that we need to do things holistically and come up with an all-round approach. The Government itself has at least one or two other commissioners planned before the end of this parliamentary session.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

I think that it is not an either/or situation, but the problem is that, if there is no voice to speak to local authorities or the Scottish Government—at the moment, there is no voice that is really shouting about this—those issues will not be raised and they will not be dealt with. That is the frustration of the disability community. I do not think that it is a perception; it is the reality that people are often just not being heard by those organisations, and nothing will change unless someone is advocating for those issues to be dealt with.

If you had another protected characteristic with a different issue, that voice would be heard. You would have much more coverage in the media and social media and within the doors of local authorities and this Parliament. Because many disabled people cannot do that, that voice is not being heard. Yes, we need to change attitudes in local authorities, but I am not sure that that will happen unless we have a much stronger voice that is holding local authorities and the Government to account for making those changes.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

To some degree, yes—I think that there could be—but I am not sure that that will ever happen unless you have a disability commissioner because, once this debate goes away, local authorities will move on and deal with other things. There are also issues beyond that.

There is still a societal issue. When it comes to issues of employability and employment, those who have hidden disabilities in particular have many fewer opportunities to be in employment. The same is true of those with certain physical disabilities. It is not just that we need to change things; there is a societal issue, and somebody should be able to advocate on the perceptions that people still have about disabled people and what such people can do.

I will be absolutely honest. Before I came to this place—having been born disabled—I thought that my experience was the same as that of most people who have a disability. Mine was a very positive and inclusive experience. My eyes were opened when I came here and had the opportunity to speak to far more disability charities and individuals with disabilities. We would not accept their experience for women or LGBT people, but we still seem to accept it for people who have a disability.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

The reasons for trying to get all the commissioners into one office are not purely financial. It is an opportunity for them to meet much more regularly. In my thinking—this is only my thinking—there should be some kind of memorandum of understanding between the different commissioners. A child with a disability could walk into the office of the children’s commissioner or the office of the new commissioner for disability. It would not be both commissioners who did the work; there would be some kind of agreement that one or the other would deal with the issue.

The honest answer to your question is that there is plenty of work to go around. I have met the children’s commissioner and other commissioners. They are having to lay aside lots of work because they do not have the time to deal with it. I therefore do not think that any disability commissioner will struggle to find enough to fill their Monday to Friday calendar. I can already list enough issues that are not being picked up on but that such a commissioner could deal with.

There needs to be some kind of understanding that we do not all follow the same issues. I hope that that can be done by sensible people sitting down and discussing it.

Finance and Public Administration Committee

Disability Commissioner (Scotland) Bill: Financial Memorandum

Meeting date: 25 June 2024

Jeremy Balfour

As you say, the budget in the financial memorandum is a fair amount of money that would allow the commissioner to do some form of investigation work, but I hope that it would not exceed that budget. For example, a current issue that is clear for many disabled people, whatever their disability, is day services. Post-Covid, we have seen a lot of local authorities not reopening the day services that were there before Covid. No committee of the Parliament has looked at that, and there has been no real debate in Parliament about it. That is perhaps my fault and the fault of others, but it is the reality. Many disabled people, particularly parents, are struggling because they have to do much more hands-on care throughout the day.

That type of investigation would not take a lot of money, but it would be more likely to be picked up on by politicians and by the media if it was done by a disability commissioner than it would be if it was done simply by one charity.

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.