SNP f inally presses pause on Named Person plan
NEW legislation putting the brakes on the SNP’s illegal state guardian scheme was introduced at Holyrood yesterday.
But Education Secretary John Swinney said the Scottish Government was determined to forge ahead with the initiative, despite the Supreme Court ruling it was unlawful.
The scheme was originally planned to begin at the end of this month but secondary legislation was needed to put it on official pause.
In the meantime, civil servants are scrambling to rewrite the law underpinning the socalled Named Person scheme, after judges found it was in breach of European human rights laws.
Judges decided that information-sharing provisions could result in disproportionate interference with Article 8 rights under the European Convention on Human Rights – the right to a family and private life.
Mr Swinney yesterday said ministers ‘had lodged the necessary order’ to put the brakes on the scheme.
He said: ‘We remain firmly committed to implementing the named person service to support children and their families.
‘We will engage with key partners across public services, the third sector, parliament and the wider public to take this forward.
‘I am determined to see the service implemented as soon as practicable.
‘There will be a Named Person service, its availability guaranteed by law to those who want to use it.’ Mr Swinwife, added that a new roll-out date would be brought before parliament.
Last night, Scottish Tory education spokesman Elizabeth Smith said: ‘It’s no surprise to see the Scottish Government attempt to bury this announcement on the day its independence case was again blown to pieces by the GERS [Government Expenditure and Revenue Scotland] figures.
‘Families and professionals will welcome this development. But this also contributes to the confusion in those local authorities which have already launched a scheme now deemed to be unlawful.’
Earlier this week, the Mail revealed that Named Person schemes already in place across Scotland were unlawful, according to legal advice obtained by campaigners.
Many of the councils trialling the scheme have allowed snoopers to share information on children – which was at the heart of the Supreme Court decision that the system breached European human rights law.
More than 270,000 children have a Named Person – a midney followed by a health visitor, then a teacher.
Councils including Edinburgh, Highland, South Lanarkshire, South Ayrshire, Fife and Falkirk already allow their ‘state snoopers’ to share data on children.
This is despite the ruling by the Supreme Court, which says guidance on data-sharing is limited and the criteria set ‘too low a threshold for overriding duties of confidentiality’.
Councils say they share data only with parental consent, despite criticism that some parents do not know how much is recorded.
Parents are now expected to flood officials with requests for information held on their families by Named Persons following the Supreme Court judgment last month.
Earlier this month, Mr Swinney promised to bring a revised version of the Named Person laws back before the Scottish parliament.
Opposition within Holyrood is growing, with the Lib Dems withdrawing support and the Labour Party demanding concessions.