PLANS to give every child in Scotland a named person to look after their welfare and promote their wellbeing have been branded incompatible with every fundamental right.
The claim was made yesterday during a challenge to the Scottish Government's proposal for a named individual to look after their welfare under the Children and Young People Act.
Aidan O'Neill, QC, counsel for a Christian coalition, which is challenging the plans, told the Court of Session in Edinburgh: "What this legislation purports to authorise is the named person is being appointed to every child in Scotland without the consent of parents and without it being needed."
He said the issue was so important it had to be discussed and decided upon without further delay.
He accused ministers of meddling in the right of parents to bring up their children themselves.
Mr O'Neill added: "The child is safe, healthy, nurtured and included.
"All these things which we can expect that parents will be doing for their child with love and respect in the context of the family home, then there is no need for a 'named person', but nonetheless a 'named person' is going to be appointed."
Mr O'Neill told the court legislation being enacted interfered with Article 8 of the European Convention on Human Rights, which maintains respect for private and family life and home.
He said it was for the Lord Advocate Frank Mulholland, representing the Scottish Ministers in the Government's defence of the legislation, to show its legitimate aim.
However, Mr O'Neill maintained he had failed to do that.
"Frankly I say there has been a complete failure in the duty of candour which applies here," he told Lord Pentland.
Mr O'Neill added: "There is a responsibility in legislating. You don't just put out any old rubbish."
The Coalition fighting the legislation includes the Christian Institute.
They are challenging both the "named person" provisions and associated data-sharing provisions.
The case continues.
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