Named Person Policy

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

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Photo of John Swinney John Swinney Scottish National Party

I do not agree that I did not answer Liz Smith’s question, because I answered it very fully. In my answer and in my statement I said that what has been identified as being deficient are provisions in the Children and Young People (Scotland) Act 2014 that have not yet come into effect.

Any local authority that is providing a service, up until the passage of that legislation or up until today, must be acting in accordance with the Data Protection Act 1998 and the Human Rights Act 1998, and any legal advice to local authorities in relation to the design of their schemes must be compatible with those two provisions. That was the answer that I gave to Liz Smith in response to her first question; it is the position that I outlined in my statement; and it is the answer that I give to Mr Scott. It is the only answer that I can give because that is the legal framework within which local authorities are required to operate.