Jeremy Balfour, Conservative MSP for Lothian, has submitted a draft proposal to establish a Disability Commissioner in Scotland – launching a consultation to run until August.

Mr Balfour is looking for a range of perspectives across the public, parliament, and third sector to help develop the Disability Commissioner (Scotland) Bill, and outlines the objectives in a draft proposal created jointly with Camphill Scotland.

The Disability Commissioner is proposed to work independently from the Scottish government as a “voice for the disabled community”, and to monitor the implementation of policy to support disabled people in Scotland.

Mr Balfour, who is the Scottish Conservatives’ Social Security and Disabilities spokesperson, told healthandcare.scot the role will ensure accountability of all levels of governance:

“I think it’s important that this individual can be apolitical, but I think more than that – to have that independence to be able to ask the difficult questions, to be able to dig a bit deeper.

“To hold government, to hold local authorities and health boards, accountable is really important I think. For them to stand back from day-to-day politics and actually see what is going on, and to champion disabled people’s rights.”

He added that he foresees the role changing as a result of consultation but also – if passed through parliament – from developments in the job, in conjunction with people who have lived experience. While it is proposed the Commissioner be an individual, Mr Balfour said that he is interested to see the perspectives and responses that come through during this consultation.

He said it is “very much a collaborative process” and has welcomed the support of Camphill Scotland and other charities in developing this proposal.

Morna Simpkins, Director of MS Society Scotland, said that a Disability Commissioner “has the potential to make a real difference” to people living with MS in Scotland.

Emma Walker, Director of Camphill Scotland, said:

“It’s now more than two years since covid began, yet the rights of disabled people are still being ignored. We live in a discrimination-by-design society.

“There are now more barriers to equal citizenship for disabled people than ever before. We urgently need to prioritise the voices and experiences of disabled people, their families, and unpaid carers. That’s why we welcome the consultation for the Disability Commissioner Bill, and I urge everyone to ensure that their voice is heard.”

She added that disabled children are being limited by the lack of support in education, respite services, and limited work opportunities for disabled young people and adults.

A bill to support disabled young people and children in their transitions into adulthood was recently introduced in the Scottish parliament by Labour MSP Pam Duncan-Glancy

Creating a legal duty on government and local authorities to deliver detailed transition plans for disabled children and young people, the transitions bill also highlights the importance of amplifying disabled people’s voices in policy development.

Mr Balfour said a Disability Commissioner could play a role in ensuring the Bill is implemented correctly:

“I think the transitions bill is a really helpful example, I think it is a great piece of legislation – and hopefully it will go through parliament quickly.

“Who’s then going to monitor and make sure it works in practice? I think that might be a piece of legislation that a commissioner might want to go and check: “Is this working? Are people having a better experience moving from school to college or wherever else?” and make sure the bill is being used in an appropriate way.”

Mr Balfour added that it is especially important to hear from as many disabled people and disabled people’s organisations as possible during the consultation stage.

He said: “Lived experience is absolutely key – disability covers so many different people with so many different experiences. The disability I have is often completely different from someone who has a learning difficulty or a hidden disability. There will be common themes that we all struggle with, but how that manifests itself day-to-day will be different.

“I think it’s a process that all bills should go through, but particularly bills that affect people with disabilities. One in five people in Scotland have a disability – their voices are often just not heard.”

Going forward, he added that cooperative working will be essential, and any new Commissioner will work with others – like the Children and Young People’s Commissioner – to avoid duplicating work.

The consultation will run until the 3^rd of August and Mr Balfour is hopeful it will achieve cross-party support from the majority of MSPs.

Read more: Opinion: Welcome to the new normal?; New Disabled Children and Young People Transition Bill; Voices of disabled key to policy development

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