Minister wants ‘better’ named person scheme
Clergyman calls on political differences to be put aside
A Rutherglen minister has called on MSPs of all parties to put aside political differences and work together to create a “better” version of the Named Person scheme.
Rev Alistair May, of Stonelaw Church, made the comments on the day the UK Supreme Court upheld a challenge to the law, saying parts of it did not comply with the European Convention on Human Rights (ECHR).
The result has led to both opponents and supporters of the law claiming victory.
Critics say judges have backed their view that the scheme breach rights to privacy and a family life. But the SNP government claim the ruling backs the spirit behind the law.
Writing on his blog, If I May Presume, Rev May welcomed the ruling, adding: “Now one must hope our MSPs do what they are paid to do, put aside the partisan shouting, and work together to write a better (version of this) law.
“Getting the balance right between protecting children at risk, and minimising state interference on family life is both vital and difficult - too vital for posturing or for folk to be dismissive either of those concerned about children at risk or of those with (what the court has seen as) legitimate fears of nanny state.
“I’m hopeful we’ll end up having ‘Named Persons’ as valuable safety nets helping to notice and be alert before things go badly wrong, but other than that seen merely as a non-compulsory resource for families.”
The government were given 42 days to amend the law so it complies with the ECHR.
Despite the scheme being described as “unlawful”, Rutherglen MSP Clare Haughey welcomed the ruling.
She said: “The Supreme Court has stated that the aim of the legislation, in promoting and safeguarding the wellbeing of children and young people, is ‘unquestionably legitimate and benign’. It makes clear that the principle of providing a named person to support children and families does not breach human rights
“The court has asked the Scottish Government for clarity about the sharing and receiving of information by professionals in their named person role.
“The government will undertake this work immediately and parliament will be able to scrutinise any refinement of the Act before it is implemented.”
The Conservative Party had been opponents of the law, and accused ther SNP of “spin” when claiming victory last week.
Adam Tomkins MSP, whose Glasgow constituency covers Rutherglen and Cambuslang, said: “Of course the aim of the named persons law is legitimate. That was never in question. It is the means that were doubted. And rightly so.
“Primary legislation is clearly going to be needed. And that legislation will have to entail a fundamental rethink of the entire scheme. Otherwise the operation of the Named Persons law will result in endless litigation.”
Speaking for Labour, former Rutherglen MSP James Kelly, who now represents Glasgow, said: “The judgement shows that the SNP have made a complete mess of implementing Named Person.
“The SNP government will now have to go back to the Supreme Court to explain how they will address the issues raised.
“If Named Person is to work it needs the full support of parents, teachers and social work organisations. This clearly does not exist just now. The process has now been halted and the SNP clearly have a lot of work to do to win people over.”
Liberal Democrat councillor, Robert Brown said: “The present concept of the Named Person is too wide. The power of the Named Person to intervene is a bit too sweeping and the arrangements to share informationbetween professionals is not properly thrashed out.”