Holyrood’s Finance Committee calls for a moratorium on creating new Commissioners in Scotland

The committee says it heard compelling evidence that the current framework for how such bodies operate “lacks coherence” and “isn’t fit for purpose”.

In its inquiry report published today, the cross-party MSPs say a “root and branch” review is necessary before any further bodies are created, or the powers of existing ones are expanded.

While the committee’s report specifically focuses on bodies directly responsible to the Scottish Parliamentary Corporate Body (SPCB), it hopes the findings can “set the tone” for decisions around the wider public body landscape in Scotland.

Scotland already has seven SPCB-supported bodies in operation, but the number could double before the end of the current five-year parliamentary term if current proposals were to progress.

Finance and Public Administration Committee Convener Kenneth Gibson said:

“Our inquiry isn’t about the merits, or otherwise, of existing SPCB-supported bodies. The post-holders we spoke to are a dedicated group of people with a common purpose to serve Scotland in the public interest.

“The evidence shows, however, there is no clear, coherent framework underpinning how all of these bodies operate. Over the years, the landscape has developed in an ad hoc way, with new commissioners being agreed on a case-by-case basis.

“It’s led to a disjointed landscape of individual bodies with varying functions and powers. There is also evidence of duplication and overlap between existing SPCB-supported bodies and other public bodies in Scotland.”

Six new bodies being considered, Mr Gibson added:

“Once the Patient Safety Commissioner becomes operational the number of SPCB-supported bodies will stand at eight. Proposals for a further six new advocacy-type SPCB supported bodies are currently being considered. This proliferation appears primarily to have been driven by calls to respond to perceived failures in public service delivery, or to bring prominence to certain issues or policies.

“It is our clear view that this advocacy role is for MSPs to undertake, with Parliament holding Government to account. We also believe that funding for new bodies would be better spent on improving the delivery of local public services, where greater impact can be made.

“Continuing the trend for creating new advocacy-type SPCB-supported bodies is not sustainable, especially at a time of significant pressure on public finances in Scotland.”

Root and branch review, Mr Gibson concluded:

“Now is the time to pause and take stock. Before adding any more to the mix, we must first design a coherent structure, with enhanced accountability and scrutiny mechanisms, along with effective delivery and measurement of outcomes.

“The committee therefore calls for a moratorium on creating any new SPCB-supported bodies, or expanding the remit of existing bodies, until a ‘root and branch’ review of the structure is carried out, drawing on the evidence and conclusions set out in this report.

“We also make a series of recommendations that will, in the meantime, improve transparency, accountability, scrutiny and value for money of existing bodies.”

Recommendations:

The committee also recommends:

• the review should be undertaken by a dedicated parliamentary committee, including all political parties, and with meaningful engagement by the Scottish Government - to be completed by June 2025.
• the Scottish Government should set out how it plans to use this report to “set the tone” for the Scottish Government’s wider review of the public body landscape, as highlighted by the Minister for Public Finance during evidence.

Read the full report on Scotland’s Commissioner Landscape