‘The Big Brother scheme is history’
Judges at the UK’s highest court have ruled against the Scottish government’s Named Person scheme. The Scottish Government says it will act swiftly to make the necessary amendments to ensure ‘the service will be implemented at the earliest possible date’ but opponents of the controversial legislation have hailed the judgement as a victory for families.
The Scottish government proposed to introduce a system to appoint a named person – usually a teacher or health visitor – to ensure the wellbeing of every child in the country. Opponents of the scheme saw this is an unwelcome and unnecessary state intrusion and a petition set up by campaign group NO2NP attracted 35,000 signatures. Protesters appealed to the Supreme Court in London after their case was dismissed by the Court of Session in Edinburgh last year.
The Supreme Court judges say some proposals breach rights to privacy and a family life under the European Convention on Human Rights. It is the first time the Supreme Court has prevented a major piece of legislation passed by the Scottish Parliament from coming into force. In their historic verdict, five of the UK’s most senior judges – including two Scots – unanimously overturned decisions by the courts in Edinburgh on the legality of the Named Person provisions of the Children and Young People (Scotland) Act 2014.
The court said that while the aim of the Act was ‘unquestionably legitimate and benign,’ specific proposals about information-sharing “are not within the legislative competence of the Scottish Parliament”. Judges found that the legislation made it possible that confidential information about a young person could be disclosed to a ‘wide range of public authorities without either the child or young person or her parents being aware.’
The court has given the Scottish government 42 days to set a timetable to rectify the legislation, saying that in the meantime it “cannot be brought into force”.
Following the ruling, Deputy First Minister John Swinney pledged to work with key public services and children’s charities to ensure the successful roll-out of the ‘Named Person’ service for every child. A defiant Mr Swinney said: “I welcome the publication of today’s judgment and the fact that the attempt to scrap the named person service has failed.
“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’s ruling requires us to provide greater clarity about the basis on which health visitors, teachers and other professionals supporting families will share and receive information in their named person role. We will start work on this immediately so we can make the necessary legislative amendments. The service will be implemented nationally at the earliest possible date.
“Ministers remain absolutely committed to the named person policy, developed over several years in consultation with a wide range of individuals and organisations working across Scotland to support children and families. We will work closely with local authorities, health boards and other key public service partners to ensure that those performing the role have the support and guidance they need ahead of implementation.”
The Children and Young People Act 2014 was passed with cross-party support and not a single vote against, by 103 votes to zero, in the Scottish Parliament. The policy was also supported by a majority of MSPs across parties during a parliamentary vote in June.
While the Scottish government remains determined to press ahead, critics of the controversial legislation are delighted with the Supreme Court’s ruling. Campaign group NO2NP spokesman Simon Calvert, said: “We are delighted with the decision, which proves our concerns, and those of the 35,000 people who signed our petition, were properly founded. This proposed scheme was intrusive, incomprehensible and illegal.
“This ruling means the Scottish Government has been blocked from implementing this scheme on August 31. It must scrap its plan for state snoopers with intrusive data sharing powers. It has to go back to the legislative drawing board if it wants to try again. But it would have to come up with a much more limited scheme that actually respects the rights of children and parents.”
“The Big Brother scheme is history. It’s wonderful news for mums, dads and children all across Scotland who no longer have to worry about this unjustified invasion of their private lives. To many of them the Named Person scheme felt like a legal battering ram to gain access to their homes. The court has taken sides with ordinary families and put the Scottish Government back in its place.”
To read the judgment in full visit the UK Supreme Court website.
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