Why Independent Age is supporting the proposed Commissioner for Older People (Scotland) Bill and how you can respond
As the consultation for Colin Smyth MSP’s proposed Commissioner for Older People Scotland Bill comes to a close, we’re explaining how you can share your views.
Older people in Scotland have told Independent Age that they feel forgotten about, overlooked and undervalued. They feel that the wide-ranging issues they face are not fully understood by decision-makers.
Independent Age believe that it’s necessary for older people in Scotland to have an independent voice to champion their needs, rights and interests. This is why Independent Age is campaigning for an Older People’s Commissioner for Scotland. We welcome Colin Smyth MSP’s Proposed Bill and have responded to his consultation.
If you live in Scotland, regardless of your age, you can share your views on this consultation; the more organisations and individuals that respond the better.
- Read about the details of Colin Smyth MSP’s consultation
- Read Colin Smyth MSP’s Briefing document
- Respond to the consultation before Monday 23rd October.
In this blog we provide an overview of the consultation, Independent Age’s response and details on how people in Scotland can take part in the consultation process to have your views heard.
It’s always powerful in a consultation like this for people to share their own views and thoughts, but if helpful we have laid out Independent Age’s responses below to help inform what you want to say. The closing date is Monday 23rd October.
The first few questions of the consultation ask if you support the proposed Bill, if you think legislation is required and if you agree that a Commissioner who solely focuses on the needs of older people is needed.
Q1- Do you support the Bill?
Scotland’s population is ageing and pensioner poverty has increased by a quarter this past decade. With too many people in Scotland feeling left behind and forgotten about in later life, it’s time for an independent voice to champion the needs, rights and interests of older people. Alongside over 30 other third sector organisations in Scotland, many fully support the introduction of an Older People’s Commissioner (OPC) for Scotland, including national charity Independent Age.
Read more about why Independent Age has been calling for a Commissioner on our previous blog post.
Q2 — Is legislation required?
Independent Age believes establishing the role of the OPC in primary legislation is the best way to ensure older people retain an independent voice under future Holyrood administrations. The Older People’s Commissioner for Wales and the Commissioner for Older People for Northern Ireland were both established through primary legislation and the Children and Young People’s Commissioner for Scotland was established through an Act of the Scottish Parliament in 2003. This could be a blueprint for the OPC role.
Q3 — Do you agree that a Commissioner who solely focuses on the needs of older people is needed?
There’s strong demand for an OPC focused solely on older people’s rights. Alongside other issues such as ill-health, care needs, poor access to transport and loneliness, too many people in later life on low-fixed incomes are struggling to afford the basics. Currently 1 in 7 pensioners in Scotland are living in poverty — that’s 150,000 people. By bridging the gap between older people and decision makers, Independent Age believes that a dedicated Commissioner would help lower pensioner poverty in Scotland, help tackle health and wellbeing inequalities in later life, assist the Scottish Government to reach its goal of eradicating fuel poverty and help facilitate the long-term planning needed to deliver adequate housing to suit the housing needs of Scotland’s older population.
Questions 4 and 5 ask about the remit and powers of the proposed Commissioner.
Q4 — What age-range should the OPC cover?
Independent Age recognise there is no universally accepted definition of ‘older’ people and therefore the age people become ‘old’ can be different for everybody. Independent Age think that the age range for the proposed OPC’s remit should cover those aged 60 and over. This would keep the Commissioner for Scotland in line with its counterparts in the other devolved nations of the UK. It’s also the age people in Scotland can claim a pass for free bus travel.
Q5 — Should the OPC have powers of investigation and, if so, how would these powers work in practice?
Highlighting wrongdoing should be a key element of the OPC role. Independent Age therefore think it’s necessary for the OPC to hold powers of investigation alongside three other key areas: information, publicity and recommendation. Given that the Children and Young People’s Commissioner in Scotland currently holds investigatory powers, it’s important to have consistency across Scotland’s age-specific commissioners.
Questions 6 and 7 ask about the logistics of the proposed Commissioner.
Q6 — Is it possible to avoid duplication of work already carried out by existing bodies?
Duplication with existing bodies can be avoided. This is already the case with the Children and Young People’ Commissioner for Scotland and other existing bodies including the Scottish Human Rights Commission.
Q7 — Should the Commissioner be independent of Government?
Independent Age think an OPC for Scotland should be completely independent of Government. This is in line with the view of the Institute for Government, a UK independent think tank who recommended in a 2021 report that:
“Commissioners must be able to investigate without needing to seek permission or resource from their sponsor department; be able to publish reports under their own authority; and have a direct link to parliament, particularly relevant committees.”
Questions 8, 9 and 10 ask what kind of impact the proposed Bill could have on finance, equality and sustainability.
Q8 — Could there be a financial impact of the proposed Bill?
Independent Age thinks that the proposed Commissioner would contribute to saving significant amounts of public money over time. There’s currently a large amount of money being spent to mitigate health and social inequalities that those in later life face that have often been caused by poverty. The OPC could help the Scottish Government re-route their policy focus and take some of the pressure off public services by addressing the root cause of these inequalities.
Q9 — Could a Commissioner have a negative impact on different individuals or groups of people with diverse characteristics?
Independent Age thinks the proposed Commissioner would have a positive impact on the lives of older people from diverse groups. The OPC could help highlight the experiences of those who don’t often have a voice by listening to their needs and considering theses when developing policy recommendations. This is what happens currently with the Older People’s Commissioners in Wales and Northern Ireland. Independent Age know that not all older people own their home or have large pension pots to live on — a Commissioner could break down these stereotypes and misconceptions of older people and help deliver positive change for those in later life in Scotland who are too often excluded.
Q10 — Could the Bill have any impact on sustaining a strong, healthy and just society for future generations?
By upholding the rights of all older people, an OPC would play a huge part in creating a healthier and more just society, not only for those in later life today in Scotland but also for those of tomorrow.
The last question in the consultation, (Question 11) asks if you have any additional comments or suggestions to make about the proposed OPC which have not already been covered by the above questions.
Q11 You can use this space for any final thoughts.
There’s still time to have your say on the proposed Older People’s Commissioner for Scotland:
- Read about the details of Colin Smyth MSP’s consultation
- Read Colin Smyth MSP’s Briefing document
- Respond to the consultation before Monday 23rd October.
If you don’t have an answer to every question, that’s ok. You can choose to only answer the questions which are relevant to you or your organisation.
If you have any questions email us on policy@independentage.org.uk.
Find out more about our call for a voice for later life in Scotland here.
