The Equalities, Human Rights and Civil Justice Committee at Scottish Parliament is seeking views on a new Bill aiming to establish a Commissioner for Older People in Scotland. Responses will then inform the Committee’s scrutiny.

Introduced by Colin Smyth MSP in April 2025, the Commissioner for Older People (Scotland) Bill proposes an independent Commissioner to champion the rights and interests of those aged 60 years old and over. The role, independent from Scottish Government, includes reviewing laws, policies, and services affecting older people.

About the Bill

Process of Bills in Scottish Parliament

The Bill is currently at Stage 1 of the process to decide if it should become an Act. At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill (in this case, the Equalities, Human Rights and Civil Justice Committee). The lead committee will consider and report on the Bill. (Other committees may also examine the Bill and report to the lead committee.)

Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill “falls” and can’t become law.

According to its accompanying Policy Memorandum, the purpose of the Bill is to establish a Commissioner for Older People, whose primary purpose will be to promote and safeguard the rights and interests of people aged 60 years old and over in Scotland. The Commissioner would be independent from Government.

The Commissioner’s role would be to “act as a champion for older people at a national level.” Their roles would include reviewing law, policy and practice relating to the rights and interests of older people, with a view to assessing their adequacy and effectiveness and promote best practice by service providers. Additionally, the Commissioner would promote, commission, undertake and publish research on matters relating to the rights and interests of older people, and promote the skills and experience of older people.

The Commissioner would also have powers to undertake investigations into devolved matters if they consider that the issue relates to older people. These investigations will seek to encourage the consideration of the rights, views, and interests of older people in the decision-making and actions of service providers.

In Colin Smyth’s view:

“The Commissioner would give older people, who are often marginalised, a voice and would seek to ensure that their long-term needs and challenges are fully considered in policy and practice across all government departments and public bodies.”

Further information is available via the Bill’s dedicated page on the Scottish Parliament website (linked for your convenience).

Call for Views

Views are welcomed from a wide range of individuals and organisations, including:

older people
carers
public bodies
the third sector
professional bodies and associations
any other stakeholders with an interest in the proposal to establish a commissioner for older people

Submission Deadline and How to Respond

The deadline for responses is Friday 12 September 2025; responses are welcomed in any language, including English, Gaelic, and Scots. Please note, respondents do not have to answer all the questions.

To submit your response, or a group response, please visit the Scottish Parliament consultation hub (linked for your convenience).

If you would prefer to send in a statement which does not cover any of the questions, please get in touch with the Committee by email: ehrcj.committee@parliament.scot