'Named person' campaigners call for further changes to legislation
Campaigners against the controversial “named person” scheme have threatened further legal action unless fresh legislation is significantly altered.
Campaigners against the controversial “named person” scheme have threatened further legal action unless fresh legislation is significantly altered.
Christian Action Research and Education (Care) has called on the Scottish Parliament to delay consideration of new measures aimed at clarifying how information should be shared as part of the scheme.
Care warned that steps taken by the Scottish Government were unlikely to solve the problems identified in a legal ruling on the policy, which would see a single point of contact, such as a teacher or health visitor, appointed to look out for the welfare of all children.
The Children and Young People (Information Sharing) (Scotland) Bill was drafted after campaigners against the scheme, including Care, brought a successful challenge to the UK Supreme Court.
Judges ruled last year that elements of the policy were “incompatible” with the right to privacy and family life as set out in the European Convention on Human Rights (ECHR).
In a submission to Holyrood's Education Committee, which is examining the new Bill, Care said a lack of clarity in the new Bill left it “potentially unworkable in practice and open to further possible legal action”.
The charity's policy officer Gordon Macdonald said: “There are still serious problems within this Bill that have not been addressed by Scottish Government.
“The failure of the Scottish Government to define wellbeing is particularly problematic and concerning. Without a clear definition, this opens up the possibility of personal data being shared without legitimate concerns for the most trivial of reasons.
“When consent is not obtained from either parents or young people, named persons are still being asked to share information without a clear legal threshold being identified on the face of the Bill.
“The Government needs to place parents at the heart of the bill, as they are in the best place to take care of their children. Doing this would save the government from having to make another embarrassing climbdown in the future.”
The charity wants the Bill to be delayed until the publication of guidance on new data protection legislation.
A Scottish Government spokeswoman said: “We are confident that the Children and Young People (Information Sharing) (Scotland) Bill 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 wellbeing across Scotland.
“The Bill will be subject to scrutiny and approval by the Scottish Parliament and we will continue to listen to views of stakeholders and the Parliament through this process."