Commissioner responds to Scottish Parliament report

Commissioner Nicola Killean responds to the Scottish Parliament’s Finance and Public Administration Committee’s report on ‘Scotland’s Commissioner Landscape: A Strategic Approach’ 

Commissioner Nicola Killean said:

“The Committee’s Inquiry has been a significant exercise, and I contributed both written and oral evidence to assist Members in their review of Scotland’s Commissioner landscape. I am pleased the Committee’s report recognises concerns that proposals for new bodies could create a more confusing and overlapping landscape for people to navigate.  

“The Children and Young People’s Commissioner has a long and proud history. Born from a Committee Bill, the role was created in 2003 after a decade-long campaign by children, young people and adults. Parliament wanted to make a difference for children and young people by creating a champion who is ‘independent, high-profile and influential.’  This remains as relevant now, 21 years later. 

“We know that children do not have the same economic, or political power as adults, and that their rights and interests are vulnerable to being marginalised in favour of adults.  Children under 16 are not able to vote in national elections to make their priorities known and adult structures can be challenging for them to navigate.  That is why my office spends time creating work plans fully informed by children’s insights and experiences, with effort to include the views of children whose rights are most at risk. 

“Many of the features of my office’s founding legislation – the fixed term of office, guaranteed independence from direction by government and MSPs – were designed to ensure the Commissioner can operate without fear or favour, to promote and protect rights without concern about consequences when holding duty bearers to account.  I know how much children and young people value this.  

“The Parliament has recently reiterated the significance of my office and granted us additional powers to take legal action under the UNCRC (Incorporation) (Scotland) Act 2024 where children’s rights have been breached. We have made use of those powers already and while we do not intend to solve every problem by litigation, they are a critical part of ensuring that incorporation has the transformational effect that parliamentarians intended. 

“Children said very clearly how valued they felt by MSPs putting their rights into law, and we know what a significant step towards truly embedding their rights into law, policy and practice across Scotland this is. But it is implementation of rights that will make the real difference.  

“Thousands of children and young people recently contributed to my four-year plan. Their priorities are my priorities. Children have been clear that as their Commissioner I must be ‘persistent’ and have said ‘do not give up’. In times of increasing economic uncertainty, it is even more important to ensure that children’s rights are not swept aside.  Children have told every Commissioner since 2003 what they expect of us and what our priorities should be. With children firmly at the heart of our work, we would want nothing less.