Orders confirm "named person" delay as Swinney promises statement

Orders have been laid before the Scottish Parliament delaying the introduction of the named person legislation, Deputy First Minister John Swinney has confirmed.

The controversial provisions of the Children and Young People (Scotland) Act 2014 were due to come into force on 31 August, but the order setting that date has been revoked pending changes to the Act following the UK Supreme Court judgment which declared that parts of the scheme infringed the right to private and family life protected by the European Convention on Human Rights.

Other secondary legislation implementing parts 4 and 5 of the Act (the Named Persons Order, Child’s Plan Order and the Complaints Order) has also been revoked. 

In its decision the Supreme Court allowed ministers 42 days to propose amendments to make the provisions ECHR-compliant. Mr Swinney promised an early statement to MSPs, while reaffirming his commitment to implementing the scheme. 

He commented: "We remain firmly committed to implementing the named person service to support children and their families. We will engage with key partners across public services, the third sector, Parliament and the wider public to take this forward.

"I am determined to see the service implemented as soon as practicable. There will be a named person service, its availability guaranteed by law to those who want to use it. A commencement date for the policy will brought forward as part of the parliamentary process. The issue is one of timing not of policy.

"Given my earlier commitment to keep Parliament fully informed about developments, I intend to make a statement to MSPs in the first week after the summer recess, outlining how we are working towards the implementation of the named person service and to achieving the shared objectives of Getting it Right For Every Child that have been developed across the country, and endorsed by Parliament, over the last decade."