RCN Scotland responds to Holyrood consultation on the Commissioner for Older People Bill

The Bill, introduced in April 2025 and currently at Stage 1 in the Scottish Parliament, seeks to establish a new Commissioner for Older People for Scotland. This Commissioner would have various roles, including:  

• promoting awareness and understanding of the rights and interests of older people 
• reviewing law, policy and practice relating to the rights and interests of older people 
• undertaking research on matters relating to older people 

The Commissioner would also have the power to investigate decisions and actions taken by those who provide services to older people. 

Our response outlines our support for the establishment of a Commissioner for Older People and its proposed function to promote and safeguard the rights and interests of older people. 

At RCN Congress in May 2023, RCN members passed a resolution supporting the appointment of Commissioners for Older People in England and Scotland, as these already exist in Wales and Northern Ireland. Members highlighted that appointing a Commissioner for Older People in Scotland is long overdue and is needed to champion the rights of older people to ensure policy makers consider the needs of Scotland’s ageing population.  

Our response notes that, while we broadly support the Bill, we have some concerns with regards to the detail of the proposed investigation role of the Commissioner and the impact this could have on the nursing profession and the care provided to older people as a result. We stress that nursing staff are already heavily regulated and overseen, and that any investigations carried out by the Commissioner should not duplicate anything that is already done by and/or is within scope of other organisations and regulatory bodies. 

Eileen McKenna, Associate Director, Nursing, Policy & Professional Practice, at RCN Scotland, said:  

“The Commissioner should drive forward a focus on increasing the broad societal perception of the value of older people in and of themselves, and to the community in terms of strong and positive social connections, as well as the highly skilled and specialist nursing roles required to care for and support older people appropriately.  

“For the aspirations behind the creation of a Commissioner to be fully realised, it is essential that health and social care services are appropriately staffed and resourced. With an ageing population, and increasingly complex clinical needs being met in social care and community settings, it has never been more important for Scotland to have the right numbers of nursing staff, with the right skills in the right place.”  

The call for views closed on 12 September 2025 and the Equalities, Human Rights and Civil Justice Committee will now consider all evidence before reporting on the Bill to Parliament.  

Read our full response to the Commissioner for Older People (Scotland) Bill here.