Organisation details
6. Name of organisation
Name of organisation
(Required)
MS Society Scotland
Question page 1
8. What are your views on the main proposal of the Bill, to establish a Disability Commissioner for Scotland?
Please provide your response in the box provided.
The MS Society fully support the creation of an office of a Disability Commissioner for Scotland and believe that it could greatly improve the lives of disabled people in our country.
There are clear advantages to having a Disability Commissioner who would be able to uphold and advance the rights of disabled people in a transparent and accountable process that can act on areas of devolved competence, holding government, statutory services and society to account.
There are clear advantages to having a Disability Commissioner who would be able to uphold and advance the rights of disabled people in a transparent and accountable process that can act on areas of devolved competence, holding government, statutory services and society to account.
9. What is your awareness of other commissions or bodies that exist to promote and protect your rights?
Please provide your response in the box provided.
While the MS Society are familiar with other commissioners in Scotland, our understanding of the scope of their efforts to support and defend the rights of disabled individuals is limited. It seems that any alignment between the work of these commissioners and the protection of disabled rights might be more incidental than intentional.
It's worth noting that these commissioners often advocate for specific segments of the population, such as children and young people, rather than seeking to represent the entirety of the disabled community. Consequently, there seems to be a gap in representation for individuals affected by conditions like MS, unless they fall within another category that is already represented.
Regarding other advocacy groups focused on disabled rights, numerous charities exist, but many have specialised focuses on particular conditions or services. Currently, there isn't a single organisation dedicated to advocating for the rights of disabled individuals as a whole, with the authoritative mandate that a commissioner might possess.
It's worth noting that these commissioners often advocate for specific segments of the population, such as children and young people, rather than seeking to represent the entirety of the disabled community. Consequently, there seems to be a gap in representation for individuals affected by conditions like MS, unless they fall within another category that is already represented.
Regarding other advocacy groups focused on disabled rights, numerous charities exist, but many have specialised focuses on particular conditions or services. Currently, there isn't a single organisation dedicated to advocating for the rights of disabled individuals as a whole, with the authoritative mandate that a commissioner might possess.
10. What are your views on the proposal to use the definition of disability set out in the Equality Act 2010 – a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
Please provide your response in the box provided.
The MS Society would firmly advocate for the incorporation of a comprehensive definition of disability within this framework, and the MS Society are in agreement with the view that the definition outlined in the Equality Act 2010 stands as the most robust and fitting for the purposes.
Question page 2
11. What are your views on the proposal for the Commissioner to have regard to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and to encourage and observe equal opportunities requirements.
Please provide your response in the box provided.
The MS Society stands unequivocally in support of both assertions.
Firstly, the acknowledgment by the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that individuals with disabilities are entitled to the same fundamental rights as any other member of society—namely, freedom, respect, equality, and dignity—is not merely commendable but imperative.
These principles serve as foundational benchmarks, constituting the bare minimum standards for safeguarding the rights of people with disabilities. Consequently, it is incumbent upon the Disability Commissioner to uphold and prioritise these principles in their actions and decisions, ensuring that they are accorded due regard at all times.
Furthermore, it is implicit that adherence to best practices concerning equal opportunities is non-negotiable for any Disability Commissioner. In order to foster a truly inclusive society, it is essential that the Commissioner remains steadfast in their commitment to promoting equal access and opportunities for individuals with disabilities. By adhering to established best practices in this regard, the Commissioner can effectively serve as a catalyst for positive change, facilitating the realisation of a more equitable and inclusive society for all.
Firstly, the acknowledgment by the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that individuals with disabilities are entitled to the same fundamental rights as any other member of society—namely, freedom, respect, equality, and dignity—is not merely commendable but imperative.
These principles serve as foundational benchmarks, constituting the bare minimum standards for safeguarding the rights of people with disabilities. Consequently, it is incumbent upon the Disability Commissioner to uphold and prioritise these principles in their actions and decisions, ensuring that they are accorded due regard at all times.
Furthermore, it is implicit that adherence to best practices concerning equal opportunities is non-negotiable for any Disability Commissioner. In order to foster a truly inclusive society, it is essential that the Commissioner remains steadfast in their commitment to promoting equal access and opportunities for individuals with disabilities. By adhering to established best practices in this regard, the Commissioner can effectively serve as a catalyst for positive change, facilitating the realisation of a more equitable and inclusive society for all.
12. What do you think about the Commissioner's powers as set out in the Bill?
Please provide your response in the box provided.
The MS Society believes that the Disability Commissioner should be empowered to undertake all of the above listed.
As the MS Society said in our previous submission we believe that it is vital that The Commissioner be empowered to review existing and proposed devolved legislation which has a particular impact on disabled people. It should be within their remit to not only highlight areas of concern but to report on any required changes to ensure disabled people are able to access all of their rights.
Whilst the Commissioner will report to the Scottish Parliament the MS Society note that some legislation impacting disabled people particularly in relation to social security remains devolved to the UK Parliament. The MS Society believes the Commissioner should hold the power to review and raise concerns on non-devolved legislation, even if they will not have any statutory powers over it.
Additionally, whilst the MS Society thinks that the Disability Commissioner has a role in promoting best practice and learning amongst stakeholders and the sector we believe that the time of the office would be best spent on policy and advocacy work. The work of the Disability Commissioner in this area should be focussing on ensuring that government and local government are active in this area.
The Commissioner should be able to able to undertake research into the rights of disabled people.
As the MS Society said in our previous submission we believe that it is vital that The Commissioner be empowered to review existing and proposed devolved legislation which has a particular impact on disabled people. It should be within their remit to not only highlight areas of concern but to report on any required changes to ensure disabled people are able to access all of their rights.
Whilst the Commissioner will report to the Scottish Parliament the MS Society note that some legislation impacting disabled people particularly in relation to social security remains devolved to the UK Parliament. The MS Society believes the Commissioner should hold the power to review and raise concerns on non-devolved legislation, even if they will not have any statutory powers over it.
Additionally, whilst the MS Society thinks that the Disability Commissioner has a role in promoting best practice and learning amongst stakeholders and the sector we believe that the time of the office would be best spent on policy and advocacy work. The work of the Disability Commissioner in this area should be focussing on ensuring that government and local government are active in this area.
The Commissioner should be able to able to undertake research into the rights of disabled people.
13. What do you think of the proposed power to undertake investigations of service providers to ask how they have given effect to the rights, views and interests of disabled people in general or an individual disabled person. This power to investigate will be limited to devolved matters.
Please provide your response in the box provided.
The MS Society believe that the Commissioner must hold the powers to investigate service providers.
The Commissioner should hold the power to challenge and change outdated practices and policies which have unintended consequences for people with disabilities. However, the role should go further than just reporting on these issues, they should have the legal support and power to act independently to act and make tangible, appropriate, and timely improvements.
The Commissioner should hold the power to challenge and change outdated practices and policies which have unintended consequences for people with disabilities. However, the role should go further than just reporting on these issues, they should have the legal support and power to act independently to act and make tangible, appropriate, and timely improvements.
Question page 3
14. What do you think of the proposals to encourage the involvement of disabled people in the Commissioner’s work, and use inclusive communication to enable the fullest involvement?
Please provide your response in the box provided.
The MS Society has in the past rightly emphasised that the Commissioner should be obligated to leverage the expertise of disabled individuals and the organizations dedicated to supporting them within the third sector, both in their investigations and policy evaluations. Genuine support for and protection of the rights of people living with disabilities necessitates their active involvement in decisions that impact their lives.
Efforts must be made by the Commissioner to ensure representation across a spectrum of disabilities, encompassing physical, mental, hidden, and fluctuating conditions.
Disabled people say that societal barriers hinder their full participation in various facets of societal engagement, such as education, employment, housing, health, and social care. These are areas that a Disability Commissioner could directly help support disabled people on and make sure their voices are heard. Hence, why it will be imperative to establish diverse channels for individuals with a broad range of lived experiences to contribute meaningfully to the Commissioner's initiatives.
The MS Society firmly supports the Commissioner using inclusive communication. A Disability Commissioner must be in the lead in these areas by example.
The symptoms of MS can cause problems when it comes to processing information due to issues with eyesight and cognition. The MS Society itself uses the below guidelines when it publishes information so that is inclusive whilst a Disability Commissioner may take a different approach we feel it gives an illustration of what can be done in this area.
Perceivable - presentable to users in ways they can perceive it. It can’t be invisible to all of their senses.
Operable - easy to use and navigate
Understandable - presented in a way that is easy to comprehend
Robust - it should work across different types of technology, phone, laptop etc. and for different types of assistance technology
Efforts must be made by the Commissioner to ensure representation across a spectrum of disabilities, encompassing physical, mental, hidden, and fluctuating conditions.
Disabled people say that societal barriers hinder their full participation in various facets of societal engagement, such as education, employment, housing, health, and social care. These are areas that a Disability Commissioner could directly help support disabled people on and make sure their voices are heard. Hence, why it will be imperative to establish diverse channels for individuals with a broad range of lived experiences to contribute meaningfully to the Commissioner's initiatives.
The MS Society firmly supports the Commissioner using inclusive communication. A Disability Commissioner must be in the lead in these areas by example.
The symptoms of MS can cause problems when it comes to processing information due to issues with eyesight and cognition. The MS Society itself uses the below guidelines when it publishes information so that is inclusive whilst a Disability Commissioner may take a different approach we feel it gives an illustration of what can be done in this area.
Perceivable - presentable to users in ways they can perceive it. It can’t be invisible to all of their senses.
Operable - easy to use and navigate
Understandable - presented in a way that is easy to comprehend
Robust - it should work across different types of technology, phone, laptop etc. and for different types of assistance technology
16. Do you have any other comments you have on the Bill.
Please provide your response in the box provided.
The MS Society are grateful to Jeremy Balfour MSP for bringing forward this consultation and beginning this discussion. The MS Society believes that a Disability Commissioner would have a large positive impact not just for those in the MS community but for disabled people right across Scotland and would argue the committee and parliament to support the bill.