Scottish Daily Mail

Fears raised over snooper plan ‘by the back door’

- By Rachel Watson Deputy Scottish Political Editor

JOHN Swinney is set to press ahead with plans to appoint a ‘state snooper’ for every child – even if the Scottish Government fails to address human rights concerns.

Documents reveal officials are looking at ‘contingenc­y’ plans for the controvers­ial Named Person scheme which could see a watereddow­n version introduced.

Minutes of meetings held by a taskforce set up to examine informatio­nsharing reveal that the Scottish Government is ready to bypass Holyrood and a Supreme Court ruling if necessary.

The SNP had initially planned to introduce Named Person in 2016, but ministers were forced to rethink key elements after the Supreme Court ruled it breached children’s rights to privacy.

The Education Secretary has appointed a taskforce to look at how informatio­n could be shared between the Named Person and other organisati­ons, such as the police, NHS and social work department­s.

The Statutory Guidance Reference Group (SGRG) is made up of government, health and council officials. It has met several times, with a report due to be published later this year.

The TYMES Trust charity, which campaigns against the scheme, obtained notes and minutes of meetings through Freedom of Informatio­n.

Trust spokesman Lesley Scott said: ‘The focus is clearly on implementi­ng Named Person by the back door.’

The documents reveal that the SGRG is planning for what will happen if the proposed legislatio­n falls because it is not supported by a majority of MSPs at Holyrood.

The group asks: ‘What if the legislatio­n is not passed? Do we need to look at guidance on current laws DP (data protection) & HR (human rights)? Plan B for if Bill falls to make sure parts 4 & 5 can be implemente­d without informatio­n sharing.’

Parts four and five refer to Named Person and the Child’s Plan of the Children and Young People (Informatio­n Sharing) (Scotland) Act 2017. Yesterday a Scottish Government spokesman said: ‘The Supreme Court ruled definitive­ly that the intention of providing a Named Person for every child to promote and safeguard their wellbeing was “unquestion­ably legitimate and benign” but families must have confidence that informa- tion will be shared only where their rights can be respected.

‘The Informatio­n Sharing Bill seeks to address this by providing a clear and consistent way for families to receive the right support at the right time from the right people.’

Mr Swinney was forced to pledge a dramatic overhaul of the controvers­ial Children and

‘Infringed on family life’

Young People (Informatio­n Sharing) (Scotland) Bill after it was ruled unlawful by the Supreme Court.

Judges attacked the Named Person policy, insisting the informatio­n-sharing clause would infringe on a child’s right to a private life. But the Government vowed to resurrect the scheme, despite calls to ditch it from opponents, campaigner­s and parents.

Earlier this year, campaigner­s demanded a public inquiry into the ‘illegal’ sharing of personal data in the SNP’s state snooper plans – as they claimed pilots of the scheme in some areas of the country had broken the law.

They believe the proposals have ‘infringed’ on family life and warn of a breakdown in trust for public services.

Comment – Page 16

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