South Scotland Labour MSP Colin Smyth’s bill to create a dedicated commissioner for older people in Scotland has taken another step forward.

The bill has now been published and introduced to the Scottish Parliament and will begin formal consideration by MSPs.

At present children and young people have standalone commissioners in each of the four nations of the UK, including Scotland, while Wales and Northern Ireland have commissioners for the older people. Colin Smyth plans to bring forward a bill to create a similar post for Scotland.

In the consultation on the proposals the vast majority of respondents (96.7%) were supportive of the plan to establish a commissioner for older people.

Colin Smyth said: “I am really pleased that my proposed Bill has taken another step forward.

“Covid-19 had a profound impact on all our lives but for older people it was just devastating.

“A day rarely went past at the height of the pandemic without a constituent raising with me their heart-breaking experiences of not having access to their loved ones in a care home because we couldn’t get our act together over testing; the removal of social care packages; the pressure of Do Not Attempt Resuscitation decisions; the loneliness and isolation and the appalling death rate among those in later life.

“At this time I kept asking myself that when all the big decisions were being made, who, independent of Government but with the ear of Ministers, was championing the human rights of older people and making sure their voice, their views were being listened to.

“Frankly the answer was no one and for me changing that is reason enough to bring forward this proposal.

“We have Older People’s Commissioners in Wales and Northern Ireland now doing a great job, and a big campaign for one in England. Why should older people in Scotland be any different?

“It’s not just about standing up for the rights, services and care of older people, it’s about challenging the negative stereotypes of ageing and celebrating the immense positive contribution of those in later life, such as older workers. That’s never been more important as businesses are crying out for workers.

“Our older people are an incredibly valuable asset for our country, but far too often they are unappreciated. I want to see that change.”

The role of the Commissioner would be:

  • Raising awareness of the interests of older people in Scotland and of the need to safeguard those interests.
  • Promoting the provision of opportunities for, and the elimination of discrimination against, older people in Scotland.
  • Encouraging best practice in the treatment of older people in Scotland.
  • Keeping under review the adequacy and effectiveness of law affecting the interests of older people in Scotland.

The Commissioner would also have the power to carry out investigations into how services provide for older people.

Katherine Crawford, Age Scotland’s Chief Executive said: “We have supported and campaigned for the introduction of a commissioner for older people in Scotland for many years now and firmly believe it would be incredibly valuable in strengthening the rights of our ageing population.

“The Covid-19 pandemic drew into sharp focus the treatment of older people and gaps in available support, demonstrating the need for ongoing work to protect and promote older peoples’ human rights.

“A commissioner would be uniquely positioned to hold both the government and public services accountable, challenging ageism and discrimination, and investigating breaches of older peoples’ rights.

“There is huge public support for this role and its creation would bring Scotland into step with Wales and Northern Ireland, and align us with a similar campaign running in England.

“This Bill has the potential to change older people’s lives for the better. Colin Smyth MSP has worked incredibly hard in driving this issue forward and we are very grateful for his ongoing commitment.”

Debbie Horne, Scotland Policy and Public Affairs Manager at Independent Age said: “Instead of feeling listened to, older people across Scotland too often feel misunderstood and ignored. They are a diverse group, with unique experiences, yet they are too often stereotyped and dismissed.

“An Older People’s Commissioner is an important step in making sure older people have an independent champion who will make sure that they are heard.

“Our recent polling shows that support among older people across Scotland for the creation of a Commissioner role is high. A Commissioner would engage directly with people in later life, listening to their concerns and working with decision makers to improve systems.

“They would promote the interests of older people, especially the most excluded and seldom heard, and challenge discrimination and ageism. In an ageing society, this would benefit all of us.”

Lucy Mulvagh, Director of Policy, Research and Impact, Health and Social Care Alliance Scotland (the ALLIANCE) said: “The ALLIANCE have consistently called for public services to take a human rights based approach. If conferred with robust powers and adequately resourced, an Older People’s Commissioner would have the potential to uphold and further advance the rights of older people in Scotland, investigate and challenge public bodies and service providers that are failing in their duties.

By recognising the value of older people in our society and helping them to realise their rights, we can ensure everyone continues to play an active role.”

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