The Christian Institute and others v The Lord Advocate

The Christian Institute and others v The Lord Advocate

The information-sharing provisions of Part 4 of the Children and Young People (Scotland) Act 2014 are not within the legislative competence of the Scottish Parliament because they are incompatible with Article 8 ECHR, failing to be 'in accordance with the law' due to lack of clarity, accessibility, and safeguards, and may result in disproportionate interference with private and family life. The provisions do not relate to reserved matters (data protection) and are not incompatible with EU law beyond their incompatibility with Article 8 ECHR.

Parties
Appellants: The Christian Institute and others; Respondent: The Lord Advocate; Intervener: Community Law Advice Network
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Constitutional Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Legislative Competence, Data Sharing, Privacy, Children's Rights, Family Life, Proportionality, Information Sharing, Confidentiality
Constitutional Law Human Rights Law Data Protection Law EU Law Legislative Competence Data Sharing Privacy Children's Rights +4 more

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Parties

The Christian Institute and others

Appellants

The Lord Advocate

Respondent

Community Law Advice Network

Intervener

Procedural Posture

Constitutional Appeal / Final Judgment

Legal Issues

  1. 1 Whether Part 4 of the Children and Young People (Scotland) Act 2014 is within the legislative competence of the Scottish Parliament
  2. 2 Whether the Act's information-sharing provisions relate to reserved matters under the Scotland Act 1998
  3. 3 Whether the Act's provisions are compatible with Article 8 ECHR and EU law

Ratio Decidendi

The information-sharing provisions of Part 4 of the Children and Young People (Scotland) Act 2014 are not within the legislative competence of the Scottish Parliament because they are incompatible with Article 8 ECHR, failing to be 'in accordance with the law' due to lack of clarity, accessibility, and safeguards, and may result in disproportionate interference with private and family life. The provisions do not relate to reserved matters (data protection) and are not incompatible with EU law beyond their incompatibility with Article 8 ECHR.

Court Disposition

Appeal allowed

Orders

  • The information-sharing provisions of Part 4 of the Act are not within legislative competence and cannot be brought into force.
  • Parties invited to submit written submissions on the terms of a section 102 order within 42 days.