The NO2NP campaign has published a really useful explanation of the corner into which the Supreme Court painted the Scottish Government.
The reason for the Government’s failure to find a legislative fix for the data protection problems identified by the Supreme Court judgment is that the policy around which they are seeking to legislate lacks precision at its core.
In 2017 the Government asked a panel of experts to come up with a new binding code of conduct for practitioners. That panel has so far failed.
Even if the panel come up with a draft, it would have to have such a high level of legal content – deconstructing the elements which make up the SHANARRI concept of wellbeing – that it will render the guidance impossible for non-lawyers to navigate. It will not be fit for purpose.
The problem for the Government is that they have been pursuing a policy which seeks to do everything. If professionals and practitioners are not to be drowned in the impenetrable mess caused by enshrining SHANARRI in law, the Government must focus on the source of the problem. Redirecting the river at its source means a fundamental policy rethink.