Holyrood will not be recalled from its summer recess after the Supreme Court ruled the government’s named person scheme unlawful.
Presiding Officer Ken Macintosh said that after discussions with Education Secretary John Swinney he was “content” there was not an “immediate” need for MSPs to end their summer break.
The Scottish Liberal Democrats’ Tavish Scott MSP had demanded the recall of parliament after the ruling that a part of the act broke Article 8 of the European Convention on Human Rights. Judges have given the Scottish Government 42 days to rectify the legislation.
However in a letter to MSPs following the Supreme Court ruling, Mr Swinney does say that members will need to vote on the new draft of the legislation.
Mr Swinney said: “What this (the Supreme Court judgement) means for the Scottish Government is a need to amend the information-sharing provision in the 2014 Act to provide greater clarity about the basis on which information will be shared to make sure that this is undertaking in compliance with the ECHR.
“This needs to happen before we can commence those provisions and will require the agreement of the Scottish Parliament.”
The Scottish Government had intended to roll-out the controversial named person scheme on August 31, although it now appears this date is unlikely to be met.
The final day of parliamentary recess is September 4.
In response to the Scottish Liberal Democrat’s demand for an emergency recall of parliament, Mr Macintosh said: “The deputy first minister (Mr Swinney) has offered me reassurances that the Scottish Government will keep Parliament fully informed of its plans for the parliamentary process in relation to the decision.
“The Scottish Government… plans to bring forward urgently an appropriate order, which would be required to prevent the commencement of Part 4 of the Act, which had been due to be come into effect on August 31.
“I agreed that was the only emerging parliamentary deadline that falls during recess as a result of today’s ruling and the nature of that type of order does not require parliament to be sitting for it to take effect.
“As such, and in the meantime, I am content there is not a case for any immediate recall of parliament.”
