DUMBARTON MSP Jackie Baillie said the Supreme Court's decision to rule against the Scottish Government's controversial Named Persons Act was a “humiliating blow” for the SNP.

Despite the damning court ruling warning that "The first thing that a totalitarian regime tries to do is to get at the children" and judges stating the legislation was “incompatible with the rights of children”, West Dunbartonshire Council SNP spokesman Jonathan McColl said there was “no reason” for the council to stop preparing to enact the legislation.

Judges said it was possible for a "wide range of public authorities" to access information about families "without either the child or young person or her parents being aware."

Jackie Baillie said: “This is a humiliating blow for the SNP Government. 

“Parents and carers have been raising concerns for months now about the practical implications of the Named Person scheme but they were completely ignored. 

“If only the SNP had listened to them and accepted Scottish Labour’s demands for a pause to the rollout then this damning verdict from the Supreme Court could have been avoided.

“The implementation of the scheme should be paused for as long as it takes for a thorough re-examination of the legislation and guidance. A quick fix solution or minor amendments to the law will simply not be good enough.”

A Named Persons act leaflet funded by the Government says the new legislation will ensure “your child gets a say in things like how their room is decorated and what to watch on TV.”

That could mean someone other than a child's parents deciding the best environment for a child to live in, and what programmes are suitable for them to watch.

A "named person" could be a range of people in the child's life, including a teacher or health visitor.

The Scottish Government was given 42 days to change the Bill but they announced new legislation would not start until the problems are fixed, halting the planned roll-out by August 31. 

Jonathan McColl, West Dunbartonshire Council SNP spokesman, said: "There is no suggestion that the legislation will be blocked, but the Scottish Government must now ensure that the language in the Bill is compatible and compliant with relevant existing UK regulations around data sharing.

"The Cabinet Secretary for Education, John Swinney MSP, has confirmed that the government will start work immediately on the necessary legislative amendments and that the ‘Named Person’ scheme will be implemented nationally at the earliest possible date.

"There is no reason for the council to stop it’s preparations and I’m confident that our staff will use the extra few weeks to ensure a smooth transition to this new enhanced child protection system.”

West Dunbartonshire Council said provisions of the Named Persons scheme were already in force through the Getting It Right For Every Child (GIRFEC) scheme. 

However, campaigner Simon Calvert said the “State Snoopers” Act was “intrusive, incomprehensible and illegal.”

He added: “The Big Brother scheme is history. 

“It’s wonderful news for mums, dads and children all across Scotland who no longer have to worry about this unjustified invasion of their private lives.”

As part of the ruling, Supreme Court judges noted that: “The first thing that a totalitarian regime tries to do is to get at the children, to distance them from the subversive, varied influences of their families, and indoctrinate them in their rulers’ view of the world. 

"Within limits, families must be left to bring up their children in their own way.”