Lawyers hit out at SNP’s revamped snoopers scheme
SCOTLAND’S top lawyers yesterday led an attack on the SNP’s bid to appoint state snoopers for every child.
The scheme – which critics have branded mass state surveillance of all children – was ruled unlawful in a Supreme Court judgment last year.
Deputy First Minister John Swinney is attempting to salvage the plans and in June revealed a drastically diluted version of the initiative.
But the Faculty of Advocates has rounded on the new proposals, saying they risk ‘undermining the trust of families’.
Other experts – including the children’s tsar – have also raised fresh concerns.
A spokesman for campaign group No To Named Person (NO2NP) said the Scottish Government ‘needs to accept how badly it got this wrong – it would be better off scrapping the scheme altogether’.
Mr Swinney, also Education Secretary, overhauled the proposals following the Supreme Court judgment in July last year, which ruled that key parts of the plan breached European human rights laws. The new proposals mean a Named Person will no longer be able to share information with public bodies without the consent of a child or their parents unless they can prove there is an ‘overriding’ reason to do so.
A statutory duty to share private information has been replaced with a responsibility to ‘consider’ if it would help a child’s wellbeing.
Controversy centres on a ‘code of practice’ for childcare professionals stipulating that they should consult parents and children about sharing private information. Critics say this is too vague and is not written into the legislation.
In a submission to Holyrood’s education committee, which is examining the revamped plans, the Faculty of Advocates said the two main issues raised by the Supreme Court were a ‘serious’ lack of clarity for those implementing it and a lack of safeguards for those affected.
‘Neither of these issues is easy to resolve and some of the criticisms of the Supreme Court will continue to apply if the Bill as drafted is passed and the accompanying code of practice is approved,’ it said.
The faculty said ‘clear and accessible’ rules are needed for teachers, health visitors and social workers.
‘We remain concerned that this is an exceptionally difficult requirement to impose on professionals in respect of every child in Scotland,’ the faculty said. ‘Its imposition risks making their job considerably more difficult and undermining the trust of families and the willingness to share information with the professionals concerned.’
Children’s tsar Bruce Adamson said he supported the scheme but warned it had to be properly funded and he would ensure children’s rights were not breached.
Scottish Tory education spokesman Liz Smith said: ‘The Scottish Government should finally do the honourable thing and abandon this unwanted and expensive policy.’
Scottish Labour education spokesman Iain Gray said Named Person had ‘lost public confidence’.
The Scottish Government said: ‘We are confident that the Children and Young People (Information Sharing) (Scotland) Bill [which contains the new Named Person plans] fully addresses the issues raised by the UK Supreme Court.
‘It will bring consistency, clarity and coherence to the sharing of information about children’s and young people’s well-being across Scotland.’
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