MSP Jeremy Balfour intends for the bill to create a commissioner who will promote and safeguard the rights of disabled people.

A Disability Commissioner for Scotland could be created under a bill that has been brought forward by Jeremy Balfour, Conservative MSP for Lothian. The commissioner would act as an advocate for disabled people at the national level by promoting awareness and understanding of the rights of disabled people. They would also have the ability to review the effectiveness and suitability of laws, policies and practices that impact on disabled people.

The ALLIANCE welcomed the proposal for a Disability Commissioner in our response to the original consultation. We agreed with the principle that such a commissioner could act as a champion for disabled people, similar to the Children and Young People’s Commissioner. If such a position was created, we also argued it should have the broadest possible investigatory powers and actively include disabled people in its work.

As introduced, the bill would grant the proposed commissioner the ability to conduct investigations into services provided to disabled people within devolved powers, similar to the powers the Children and Young People’s Commissioner possesses. The Disability Commissioner would also be required to have regard for the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in carrying out their role.

The bill will now go through the standard Scottish Parliament law making processes. This will include a Call for Views and evidence gathering by one of the parliament’s committees, followed by report with recommendations and a stage one vote by the whole parliament on the bill’s general principle. If passed at stage one, the stage two process will allow detailed amendments to be made by the relevant committee, with the concluding stage three process offering further opportunity for amendment and a final vote by the whole parliament on whether to pass the bill or not.

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