Summary

  • MSPs quiz Education Secretary John Swinney on the Children and Young People (Information Sharing) Bill

  • Rural economy and connectivity ministers are quizzed, to be followed by environment, climate change and land reform ministers, in this week's portfolio questions

  • MSPs debate and then vote on the Child Poverty (Scotland) Bill

  • Green MSP Andy Wightman leads a debate on Homes First

  1. Postpublished at 10:25 Greenwich Mean Time 8 November 2017

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  2. Swinney confident Supreme Court concerns will be addressedpublished at 10:24 Greenwich Mean Time 8 November 2017

    Mr SwinneyImage source, bbc

    Tory MSP Liz Smith says it was clear in 2014 that the Named Person Bill had a lot of issues.

    Ms Smith says there is new data protection legislation coming down the line and there is still legal opinion that is questioning whether the Scottish government has got it correct.

    She asks if Mr Swinney is absolutely confident this Bill will not be challenged in a legal context again.

    The education secretary says the 2014 Bill was tested in the outer house and inner house of the Court of Session.

    Ms Smith says: "And was proven to be wrong."

    Mr Swinney again says the legal position of the Scottish government was validated until the Supreme Court overturned that.

    He says he can't say if the legislation will be challenged again as that is not to him, but he is confident the Children and Young People (Information Sharing) (Scotland) Bill addresses the Supreme Court concerns.

  3. The Supreme Court judgement 'must be addressed'published at 10:23 Greenwich Mean Time 8 November 2017

    Education Secretary John Swinney says: "I use two points held within the legal debate.

    "We have looked carefully at the Supreme Court judgement, because I'm aware they must be addressed.

    "And we've taken the necessary advice and steps to get us into the position that we can put a Bill in front of the parliament for scrutiny."

  4. Postpublished at 10:19 Greenwich Mean Time 8 November 2017

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  5. Tory MSP says member's of the legal establishment are still concernedpublished at 10:18 Greenwich Mean Time 8 November 2017

    Tory MSP Liz Smith says member's of the legal establishment are still concernedImage source, bbc
    Image caption,

    Tory MSP Liz Smith says member's of the legal establishment are still concerned

    Mr Swinney says ministers must follow a convention about whether legal advice has or has not been taken.

    The education secretary says notwithstanding that he would not be here today if he had not taken all the necessary advice.

    Tory MSP Liz Smith says member's of the legal establishment are still concerned about the legal context of this Bill.

    Ms Smith asks why the legal advice Mr Swinney has taken has addressed all the Supreme Court concerns.

    Mr Swinney says they were about the proportionality about information sharing and the distillation of the legal framework to make it clear to practitioners.

    He says there is now not a duty to share but a duty to consider sharing.

  6. 'The advice the government took in 2014 was based on the legal debate at that time'published at 10:17 Greenwich Mean Time 8 November 2017

    John Swinney

    Education Secretary John Swinney is asked by Conservative MSP Liz Smith to outline what legal advice the Scottish government has taken.

    Mr Swinney said: "I need to put the question into a wider context.

    "The legislation was tested twice in the courts of Scotland, and the legal challenges were dismissed in the highest courts in Scotland. The case was then referred to the supreme court.

    "When you look at the practice of the Supreme Court in that period, the Supreme Court had been pursuing a persistent legal line of legal analysis that had not proceeded 2014 but had followed 2014.

    "In defence of the advice the government took in 2014 that was based on the legal debate at that time.

    "The world has moved on, which is why I'm now taking the steps i'm now taking with the legislation."

  7. Background: Changes to named person law publishedpublished at 10:13 Greenwich Mean Time 8 November 2017

    Deputy First Minister John SwinneyImage source, Reuters
    Image caption,

    Deputy First Minister John Swinney hopes to get named person up-and-running across the country next year

    The Scottish government published changes in June to its controversial named person scheme.

    The scheme will appoint a named person, usually a teacher or health visitor, who will be responsible for ensuring the welfare of every child.

    It had been due to come into force last August, but the Supreme Court ruled that sections covering information sharing did not comply with the law.

    The changes published, external aim to overcome those concerns.

    They will ensure that public bodies can only share information about children if is likely to "promote, support or safeguard the wellbeing" of the child.

    Public bodies will also be required to consider whether sharing the information would be compatible with data protection, human rights and confidentiality laws.

    Only then will they be given the power to share the information.

    Read more here

  8. Postpublished at 10:12 Greenwich Mean Time 8 November 2017

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  9. Minister says draft illustrative code of practice has proved not to be helpfulpublished at 10:11 Greenwich Mean Time 8 November 2017

    Mr SwinneyImage source, bbc

    Mr Swinney says his attempt to try to be helpful by providing a draft illustrative code of practice has proved not to be helpful.

    The education secretary says the Bill makes some very clear changes in the law around the duty to share information.

  10. Background: Lawyers' concerns over attempts to fix named person planspublished at 10:10 Greenwich Mean Time 8 November 2017

    Child holding adult's handImage source, Ingram publishing
    Image caption,

    The legislation would appoint a named person responsible for ensuring the welfare of each child in Scotland

    Lawyers have raised concerns about the Scottish government's plans to bring its named person scheme into operation.

    Ministers want to appoint a named person, usually a teacher or health visitor, to be responsible for ensuring the welfare of every child.

    The plans were held up when the Supreme Court ruled that information sharing sections did not comply with the law.

    Changes to legislation are being considered, but the Faculty of Advocates say they need improvement.

  11. An independent panel to be establishedpublished at 10:09 Greenwich Mean Time 8 November 2017

    John Swinney

    Education Secretary John Swinney begins "There is more that I can do to give everyone the certainly and clarity over what the Named Person Bill is.

    "Further financial resources will be provided.

    "I will establish a panel with an independent chair.

    "My intention had been always to ensure meaningful dialogue. I'm happy to accept the recommendation of the committee."

  12. Postpublished at 10:05 Greenwich Mean Time 8 November 2017

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  13. Background: Supreme Court rules against Named Person schemepublished at 10:05 Greenwich Mean Time 8 November 2017

    Media caption,

    Supreme Court rules against Named Person scheme

    Judges at the UK's highest court have ruled against the Scottish government's Named Person scheme.

    Opponents of the scheme appealed to the Supreme Court in London after their case was dismissed by the Court of Session in Edinburgh last year.

    The system would appoint a named person - usually a teacher or health visitor - to ensure the wellbeing of every child.

    Judges say some proposals breach rights to privacy and a family life under the European Convention on Human Rights.

    Read more here.

  14. Wrong committee stream resolved apologiespublished at 10:04 Greenwich Mean Time 8 November 2017

    Apologies for our technical glitch showing the wrong committee, John Swinney is with us now.

  15. Background: Changes to named person law publishedpublished at 10:03 Greenwich Mean Time 8 November 2017

    teacher with childImage source, Getty Images
    Image caption,

    The named person will generally be a teacher or health visitor, depending on the child's age

    The Scottish government published changes to its controversial named person scheme in June.

    The scheme will appoint a named person, usually a teacher or health visitor, who will be responsible for ensuring the welfare of every child.

    It had been due to come into force last August, but the Supreme Court ruled that sections covering information sharing did not comply with the law.

    The changes published on Tuesday, external aim to overcome those concerns.

    They will ensure that public bodies can only share information about children if is likely to "promote, support or safeguard the wellbeing" of the child.

    Read more here.

  16. The Education and Skills Committee begins shortly...published at 10:00 Greenwich Mean Time 8 November 2017

    Teacher with childrenImage source, Thinkstock

    The Education and Skills Committee will take evidence on the Children and Young People (Information Sharing) Bill. The Committee will take evidence from:

    • Education Secretary John Swinney
    • Ellen Birt from the Scottish government
    • John Paterson from the Scottish government.
  17. Good morning and welcome to Holyrood Livepublished at 18:28 Greenwich Mean Time 6 November 2017

    Good morning and welcome to Holyrood Live on Wednesday 8th November 2017.

    The Education Committee will shortly take evidence from Education Secretary John Swinney on the controversial Children and Young People (Information Sharing) Bill.

    Named Person schemeImage source, Thinkstock

    Rural economy and connectivity ministers will be quizzed quizzed, to be followed by environment, climate change and land reform ministers, in this week's portfolio questions.

    MSPs will then debate and then vote on the Child Poverty (Scotland) Bill.

    Kid kicks ballImage source, Getty Images

    Green MSP Andy Wightman leads a debate on Homes First.