Meeting of the Parliament 25 November 2025
I do not necessarily follow Mr Kerr’s line of questioning. The amendment to the 1980 act that is being proposed does not allow children an independent right to withdraw from religious observance or religious education. Any withdrawal from that subject or from that observance in school has to be initiated by the parent or carer. It is not about taking rights away from the parents. The bill does propose, however, that we put into law the requirement for the child’s views to be taken cognisance of.
Returning to part 2, I have mentioned the safeguards that are being included in that regard. If we had not put the safeguard into part 2, a public authority could be put in an impossible position of being compelled by law to act in a particular way, while being told that to do so would breach the compatibility duty, thereby creating a conflict that could lead to disruption or even a pause in vital services. The exemption avoids that conflict by allowing services to continue.
We do not believe that any current acts of the Scottish Parliament require incompatible action, and there should be no future acts of the Parliament that require incompatible action because of the safeguards for new legislation that are built into the UNCRC. However, this is about future proofing, and our understanding of children’s rights will continue to develop over time. Court judgments can shift interpretations over time, too. In short, although we do not see any incompatibility now, we cannot rule out the possibility of it arising in the future. The risk to essential services is material and not one that the Government is willing to take.