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Education Secretary John Swinney says the Named Person provision cannot be commenced unless the Children and Young People (Information Sharing) (Scotland) Bill , externalbefore the committee is passed.

Mr Swinney says, on the letter from the organisations, that they support the concept and the process the government is going through and want to be immersed in getting it right.

Labour MSP Johann Lamont says that support is contingent on the conclusion of that work and an effective outcome.

She says that is a major problem.

The Labour MSP says the legal uncertainty has led to the development of defensive practice which is to the detriment to the safety of our young people.

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Lib Dem MSP Tavish Scott says local authorities will be legally responsible and not headteachers and Mr Swinney agrees.

SNP MSP Clare Haughey asks about additional funding for training for organisations.

Mr Swinney says provision was already put in place in the original 2014 legislation to support the training and necessary training.

He says: "I want to make sure we adequately address the various issues of resourcing raised by various bodies."

The education secretary says the panel he has announced will be able to influence that agenda.

Green MSP Ross Greer, along with a follow up by Committee convener James Dornan MSP, asks whether practitioners will be held responsible for decisions and not the individual.

Mr Swinney confirms that will be the case.

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Mr Swinney says he talks about these issues with organisations on a constant basis and he says he watches the Education Committee every week.

The education secretary says again the draft code of practice was his idea and he accepts "we did not get that right".

Mr Swinney says he has committed that parliament will have the final say on the contents of the code of practice.

The education secretary says the committee is only being asked to sign up to general principles of the B

Mr Swinney says: "I have conceded that parliament will have the final say on the contents on the code of practice."

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Mr Swinney says: "Parliament will decide itself, not me as to whether the code of practice is accetpable

The education secretary says this is a huge change.

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Lib Dem MSP Tavish Scott says the committee is not getting to see the code.

Mr Swinney says the committee is not being asked to approve the code of practice at this stage, merely the general principles.

Mr Scott says; "The principles are nothing without the code are they?"

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Lib Dems MSP Tavish Scott asks John Swinney "does he think code of practice can be finalised before the UK's Data Protection Act."

"Yes," says Mr Swinney, but he can not give a timescale.

"Predicting the course of the UK government is not something we can do with great confidence at the moment."

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Mr Swinney says in all cases there is an obligation to work within the law on data protection.

The education secretary says the practitioner must operate within the law.

He says if there is a child protection issue, there are exceptions allowing the sharing of information if say a crime has been committed.

Labour MSP Daniel Johnson asks why the cabinet secretary felt the Named Person scheme could not have been introduced without legislation, removing the complexity altogether.

Mr Swinney reiterates his earlier answer to Liz Smith, saying legislation was required to disseminate good practice across the country.

Labour MSP Johann Lamont asks about the change from duty to share, to duty to consider sharing, and what that will look like.

Mr Swinney says: "That's something that we have to discuss very carefully with our stakeholders.

He says :"The change from duty to share to duty to consider has been discussed.

"How the duty to consider has been exercised, it's important to listen to practitioners and stakeholders."

Ms Lamont says she would have expected that work to have been done before legislating.

Mr Swinney replies: "Good practice already exists, how professionals conduct these points.

"Its a case of engaging with that good practice and taking it forward."

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Mr Swinney says the SHANARRI indicators are there and there is obviously a question about the judgement arrived at by professionals, but fundamentally the areas of activity are where individuals can decide clearly what the best thing to do is to provide support to the young person.

The education secretary says this legislation is a prompt to give impetus to take a more proactive and preventive approach to make good practice available more widely.

He says he wants good practice in some parts of the country to be shared in all parts of the country..

Wellbeing is broader than child protection and how we tend to think about welfare.

To help make sure everyone – children, young people, parents, and the services that support them – has a common understanding of what wellbeing means, we describe it in terms of eight indicators.

The eight wellbeing indicators are commonly referred to by their initial letters - SHANARRI.

Read more here., external

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What is SHANARRI?

1. Safe
2. Healthy
3. Achieving
4. Nurtured
5. Active
6. Respected
7. Responsible
8. Included

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Tory MSP Oliver Mundell asks if Mr Swinney will take personal responsibility if this legislation falls apart.

Mr Dornan says this committee is not the place to ask for Mr Swinney's resignation, to chuckles around the table.

Mr Swinney says he thought place Mr Mundell was asking him to take a bet on the legislation.

The deputy first minister goes on to say he is "deadly serious" about his responsibilities and says he has been quite candid about a code of practice that created more confusion.

He says: "I did not want to do that and I'm sorry that that is the case."

The education secretary says he will be accountable for all of his decisions.

Conservative MSP Oliver Mundell asks how confident the government are of being successful should the Bill be challenged legally.

Mr Swinney says: "We have to look at what the Supreme Court said in July 2016 and see if the issues raised are adequately addressed in this bill.

"I want to be in a position that if the bill is challenged, it's unsuccessfully challenged.

"I'm confident the government has addressed those issues."

Green MSP Ross Greer suggests that stakeholders did not understand the provisions, and quotes the children and young person's commissioner.

Education Secretary John Swinney replies: "That's an issue for the children and young person's commissioner to set out to the committee.

"My view on that is the Supreme Court raised two questions, which I addressed in my answer to Liz Smith.

"I provided a draft code of practice, but I accept but we didn't have adequate time to consult with stakeholders and as a consequence I can't expect them to be comfortable with its contents."