Plans for more commissioners in Scotland will result in costs rising from more than £18m, 'power grabs', competition between the public bodies and undermine Holyrood's powers to hold ministers to account, MSPs have been told.

The Scottish Parliament’s Finance and Public Administration Committee has launched a probe into the commissioner landscape, looking at whether there is a “coherent and strategic approach” with the opening session of the probe held today.

There are seven commissioners in Scotland, who together cost the public purse £16.6m in 2023-24 and is forecast to rise to £18.4million in 2024/25.

However, there are plans to double their number to 14 by the end of this five year parliamentary term.

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Current commissioners raised concerns over plans to expand their number in submissions they have made to the committee's inquiry.

Gina Wilson from the office of the Children's and Young People's Commissioner cited costs and power grab fears.

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"There are concerns that the proliferation of commissioners offices will be a costly exercise and may not provide good value for money for taxpayers, especially if there are multiple bodies tasked with intervening on similar or identical matters," she said. 

"Currently, a range of proposed new commissioners have been tabled. There is little evidence of coherence to the approach. There is also little evidence of consideration about how new commissioners would work together or be resourced...There is a further risk of scope creep and competition between commissioners – deliberate or unintentional ‘power grabs’.

"It will be important to establish boundaries and ways of working, or you risk threatening the ability of the offices that exist to carry out their functions properly.”

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In its submission, the Scottish Public Services Ombudsman raised concerns that more commissioners could undermine parliament's ability to hold the government to account and that people needing the support of the commissioners' offices would not receive it.

 "I have a significant concern that a proliferation of [commissioners] is undermining the ability of Parliament to hold Government to account.”

It added: "As part of the complex scrutiny and oversight landscape, there is a significant risk that further commission/ers will add to that complexity…I am also very concerned that those most in need of the services will simply fall though the gaps that an increasingly complex environment creates. The more boundaries are created, the more likely people and issues are to fall between organisations.”

The Herald: SNP MSP Kenneth Gibson is convener of the finance committee.   Photo PA.

At its opening session this morning the committee will take evidence from Katy MacMillan, director of Research Scotland, an organisation which provides research and support to public and third sector organisations, which last year interviewed five commissioners.  

One unnamed commissioner told its researchers: “The current government is very enthusiastic about commissioners, so it’s becoming very confusing what a commissioner is. 

"There are so many different models now that the phrase commissioner is starting to lose its value in terms of what it is. People are struggling to understand what’s the difference between different commissioners … The more commissions that are set up, the more it muddies the landscape as to what we’re all actually doing.”

A Holyrood briefing to the finance committee said there are seven independent officeholders who are directly responsible to the Scottish Parliament, with their terms and conditions of appointment and annual budgets set by the Scottish Parliamentary Corporate Body (SPCB). 

They are a mix of commissions, commissioners, or ombudsman, and range from having regulatory, complaints handling, investigatory or advocacy functions and are:

  • Commissioner for Ethical Standards in Public Life in Scotland
  • Scottish Biometrics Commissioner
  • Scottish Commissioner for Children and Young People
  • Scottish Human Rights Commission
  • Scottish Information Commissioner
  • Scottish Public Services Ombudsman
  • Standards Commission for Scotland

Proposals for future posts include a neuro-diversity commissioner, a victims' commissioner and an older person’s commissioner.

Speaking in January this year, committee convener Kenneth Gibson said: “Everyone recognises that Scotland faces an extremely challenging budget this year, and most likely in the years that follow.

“Given the number of commissioners in Scotland could potentially rise to 14 by the end of this parliamentary session, with all the expense that entails, our inquiry is both timely and necessary.

“We plan to examine why there has been such growth in commissioners, whether there is overlap and duplication, and whether a more coherent and strategic approach is needed for their creation.
“We want to hear from anyone with views or insights on Scotland’s approach to commissioners, and whether it represents value for money, or whether more effective models are available.”

Former Scottish Conservative leader Jackson Carlaw has previously voiced concerns about the matter, telling Holyrood in an interview last year that such posts were taking powers away from the parliament.

He said: “This seems to be a whole new layer of government that we're putting in that isn't elected, isn't really very accountable, and are discussing things that I thought the parliament was originally set up to discuss.

“But we seem to be devolving responsibility away from ourselves to a body that really isn't elected or accountable, and we're doing it without really thinking about it.”

The £18.4m annual costs cover the staff and running costs for each office, though the amount for each varies with the lowest at £300,000 for the year and the largest at £6.7m.

An eighth, the patient safety commissioner, was agreed last year with an anticipated annual cost of £645,000.