Meeting of the Parliament 02 December 2015
I have every kind of evidence. We have seen in the newspapers that many parents are fed up with being told what they have to agree to. The Scottish Government seems to think that that is not an issue, but it is a huge issue, because the named person system is not being introduced by consent but is being imposed. The Scottish Government keeps telling us that the named person system is a right, but the fact of the matter is that parents cannot opt out of it. That is the issue.
I listened very carefully to the instructions about what we legally can and cannot say in the debate. I know that the Scottish Government has to answer some other questions when it comes to the legal proceedings and that we cannot talk about that. However, I ask the Scottish Government to consider the fact that the Information Commissioner’s Office has admitted that, as a result of the Children and Young People (Scotland) Act 2014, practitioners can share information, including confidential information, without parental consent.
The ICO has also acknowledged that the bar of intervention has altered from “at risk of significant harm” to merely “wellbeing”. I cannot comment any further on that at this time, because it is part of legal proceedings. However, what is really at issue, of course, is the problem about the definition of “wellbeing”. That problem runs through the Children and Young People (Scotland) Act 2014, and it is an increasing problem in the Education (Scotland) Bill, which is currently at stage 2 in committee.