Named Person Policy

Part of the debate – in the Scottish Parliament on 8th September 2016.

Alert me about debates like this

Photo of John Swinney John Swinney Scottish National Party

Mr Scott will understand the importance that I attach to Parliament’s democratic decisions. The Parliament has legislated for and put in place the provisions. Those provisions have been tested by two courts in Scotland and by a third court in the United Kingdom. The two courts in Scotland have said that the legal challenges to the legislation are not substantiated, and the Supreme Court has raised particular issues with us about information-sharing provisions. Mr Scott will understand my democratic point, because I want to operate within the rule of law and the scope of acting on behalf of promised democratic decisions, why it is important that I focus on addressing the issues raised by the Supreme Court in its judgment.

Mr Scott’s point about parents is illustrated by the Supreme Court’s view that the sense that individuals can opt out of the provisions is not perhaps as well understood or as well expressed as it could be. I will certainly consider issues of that nature. However, I stress that we must be respectful of Parliament’s democratic decisions. In 2014, the Parliament decided the shape of the legislation, and the Supreme Court has identified the areas where we specifically need to address that point.