Draft proposals for a Bill to establish an independent champion to stand up for the rights and interests of older people have been submitted to Holyrood.

Colin Smyth, MSP for South Scotland, says too many people are spending more of their later years in poor health and poverty.

According to his draft proposals published this week, an independent commissioner would encourage best practice in the treatment of older people in Scotland and lead work to eliminate discrimination.

Members of the public and interested organisations are asked to have their say on the plans before a consultation closes in September.

If successfully established, a Commissioner for Older People will join Scotland’s seven current officeholders – and potentially two more with proposals for a Commissioner for Patient Safety and a Commissioner for Disabled People both currently making their way through parliament.

Holyrood’s Finance Committee has raised concerns about the considerable and growing costs of these commissioners, with plans for a further five officeholders expected by 2026.

Mr Smith’s draft proposals are backed by the national charity for older people, Age Scotland, as well as more than 30 organisations across Scotland.

If a future Bill successfully passes through parliament, Scotland will join Wales and Northern Ireland in having a dedicated champion for older people.

 

Support for the proposals

Mr Smyth said the pandemic brought home “significant shortcomings” in protecting and promoting the rights of older people.

Findings from Age Scotland’s Big Survey of over 4,100 over 50s revealed that 80% of older people support calls for a commissioner.

Age Scotland’s Deputy CEO, Michelle Supple, says she is “delighted” Colin Smyth is bringing forward the proposals:

“We have long held the view that a commissioner for older people would be incredibly valuable to Scotland and strengthen the rights of our older population today and in the future.

“It would have a uniquely powerful role in holding government and our public services to account for their actions, challenge ageism and discrimination, and investigate breaches of older peoples’ rights.”

Earlier findings from the charity show as many as 36% of people over 50 have been made to feel like a burden, and 36% feel life is getting worse for older people.

 

Too many commissioners?

The proposals say the independent champion would have a close working relationship with officer parliamentary officeholders and the Equality and Human Rights Commission (EHRC)

In its response to a consultation on Jeremy Balfour MSP’s proposed Disability Commissioner, the EHRC emphasised the need for a distinct remit and avoidance of duplication in the role of officeholders.

Organisations led by autistic people have voiced “considerable concern” at how the potential creation of a Commissioner for Learning Disabilities, Autism and Neurodiversity could create confusion.

They say the plan, which is to go to consultation later this year, “risks wasting money on something that is duplicative, ineffective or even counterproductive”.

Earlier this year, the Scottish Parliament Corporate Body (SPCB) – which commissioners sit under – told Holyrood’s Finance Committee that “we are moving into a period in which it is becoming regarded as a casual thing to suggest and implement the establishment of another commissioner, despite it being an expensive extension of our public sector”.

In his draft proposals, Mr Smyth says the cost of the creation of a Commissioner for Older People will likely be the same as that of the Children and Young People Commissioner.

Last year, the spend was just under £1.1m, though the budget for every single Commissioner is set to increase at a far higher rate than that of the parliament itself according to the 2023/24 draft Budget.

Mr Smyth suggests in his proposals that the Children and Young People Commissioner office and the new commissioner could share office space and staff to save on costs.

The consultation on Mr Smyth’s proposals has now opened and will collect views until the 12 September 2023.

 

Read more: Too many commissioners?; Consultation on Disability Commissioner Bill; Powerful new advocate for patient safety proposed; Fears learning disability champion no longer priority; Autism groups lead call to scrap Commissioner plans

 

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