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Chamber

Meeting of the Parliament 17 February 2026 [Draft]

17 Feb 2026 · S6 · Meeting of the Parliament
Item of business
Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill: Stage 3

I add my thanks to all those who have been involved in the bill process. Scotland has a long tradition of providing parents and families with the option to send their children to denominational education in a setting that they choose. Much of that stems from a long history—it is more than 100 years since the Education (Scotland) Act 1918 brought Catholic schools into the state sector, which created a fairly unique social contract in Scotland. Colleagues will be glad to know that I will not re-rehearse all the reasons for that this afternoon, but the difference in provision stems from a time when there were certain prejudices about the Catholic community—particularly the working-class Irish Catholic community—in Scotland. It is important that, at the outset of our debate this afternoon, we recall that heritage, that history and the importance of the place of those schools in our public life.

That was followed by denominational schooling in the Episcopalian church and the establishment of our Jewish school, Calderwood Lodge primary school, in East Renfrewshire, which I know very well. Therefore, it is fair to say that, for at least 100 years, there has been denominational education in the state sector, which is provided by our local authorities in conjunction with religious bodies.

Amendment 24 seeks to reiterate the Parliament’s commitment to the story of faith education and denominational schooling in Scotland. It also responds to the serious concerns that have been raised about the lack of direction that the bill sets. Amendment 24 would set out in the bill the Parliament’s continued support for the role, place and function of denominational schools—most notably, Catholic schools, which account for the overwhelming majority of denominational school settings in Scotland. It would put beyond doubt that any provisions in part 1 of the bill would not infringe on or negatively impact section 16 or 21 of the Education (Scotland) Act 1980 or section 18 of the Education (Scotland) Act 1918, which established the right for denominational provision to exist and set out the powers, functions and responsibilities relating to the operation of such schools.

Amendment 24 responds clearly to concerns that the bill, or other amendments that we are considering today, would put into question the long-accepted settlement on denominational education in Scotland. In particular, I note the concerns that the Scottish Catholic Education Service has raised about amendments 6 and 11, which would change the terminology in statute from “religious instruction” to “religious education”.

When I intervened on Maggie Chapman, we had a brief exchange about how complicated the issue is in many ways, and there is perhaps a lack of wider understanding of how these things operate in practice. I note that concerns have been raised that that change in nomenclature would weaken the protections that are in place that recognise that religious observance and religious education are inherently linked in a faith school. I simply put the point to Maggie Chapman that it is very difficult to separate those two things, particularly in a faith school. In a religious education class, there will be moments when the lesson goes into religious observance, so it is not simple to separate the two.

In the same item of business

15:39
The Deputy Presiding Officer (Liam McArthur) LD
The next item of business is stage 3 proceedings of the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) B...
The Deputy Presiding Officer (Liam McArthur) LD
Group 1 is on the meaning and character of religious education and observance. Amendment 6, in the name of Maggie Chapman, is grouped with amendments 21, 11,...
Maggie Chapman (North East Scotland) (Green) Green
I begin these stage 3 proceedings by thanking the Cabinet Secretary for Education and Skills and her team for the many conversations that we have had about t...
Paul O’Kane (West Scotland) (Lab) Lab
I will, of course, refer to much of what Maggie Chapman described in my contribution in this group, so I do not intend to detain the chamber in that regard.H...
Maggie Chapman Green
I disagree. RE and RO do not have to be intrinsically linked, even in a denominational school. They might be, but they might not be.
Paul O’Kane Lab
Tomorrow is Ash Wednesday, which is a good example. In Catholic schools across the country, children will learn about Lent. They will learn about it in an ac...
Maggie Chapman Green
In his contribution, Paul O’Kane separated the two things out. Learning about one thing is not the same as practising it, which is what we need to be clear a...
Elena Whitham (Carrick, Cumnock and Doon Valley) (SNP) SNP
I will restrict my comments to my amendment 21. I also declare an interest as a member of the Humanist Society Scotland.Amendment 21 would place a duty on Sc...
Paul O’Kane Lab
I add my thanks to all those who have been involved in the bill process. Scotland has a long tradition of providing parents and families with the option to s...
John Mason (Glasgow Shettleston) (Ind) Ind
I take Paul O’Kane’s point that the two are interlinked just now. Is he arguing that the two have to be interlinked, or could they be separated?
Paul O’Kane Lab
Mr Mason makes a fair point. I am arguing that the two should be interlinked. My understanding from my own education is that the two things are interlinked f...
Stephen Kerr (Central Scotland) (Con) Con
I will limit my remarks to amendments 22 and 22A, on requiring schools to provide parents and children with detailed information about planned religious obse...
Pauline McNeill (Glasgow) (Lab) Lab
I will make a short contribution in support of amendment 24, in the name of Paul O’Kane. We are debating legislation on the right of a child to withdraw from...
The Cabinet Secretary for Education and Skills (Jenny Gilruth) SNP
As we have heard this afternoon, Maggie Chapman’s amendments 6 and 11 would replace references to “religious instruction” with the term “religious education”...
Graham Simpson (Central Scotland) (Reform) Reform
I genuinely want the cabinet secretary’s help here, because my decision hinges on what she understands by the word “instruction”, as opposed to what she unde...
Jenny Gilruth SNP
I accept Mr Simpson’s question and I recognise some of his concern. There is dubiety on that point from some stakeholders, as I have set out, and I have also...
Martin Whitfield (South Scotland) (Lab) Lab
The cabinet secretary is talking about the guidance. What thought has been given to the depth of the guidance? As former teachers, she and I will both have r...
Jenny Gilruth SNP
I am sure that Mr Whitfield and I both have fond memories of the many in-service training days that we spent as teachers. I draw his attention to amendment 2...
Paul O’Kane Lab
Notwithstanding the cabinet secretary’s technical point about amendment 24, she seems to want to accept it in spirit. Will the Government support that amendm...
Jenny Gilruth SNP
I very much appreciate the sentiment behind amendment 24. I make Mr O’Kane aware that I discussed the content of that amendment with the Scottish Catholic Ed...
Paul O’Kane Lab
The cabinet secretary supports amendment 21. Does she also recognise that the Scottish Catholic Education Service has suggested that the proposals that RO sh...
Jenny Gilruth SNP
I am not sure I would go as far as to recognise all of that critique, but I have discussed some of the challenges with SCES and directly with Barbara Coupar ...
Pauline McNeill Lab
I did not understand what you meant, cabinet secretary, when you spoke about the 1918 act. It is a century old, but it is still the law. It does not really m...
The Deputy Presiding Officer (Liam McArthur) LD
Always through the chair.
Jenny Gilruth SNP
The point that I was making is one that I have discussed with SCES. There is an issue in relation to drafting. I would have preferred it if Mr O’Kane and I h...
Maggie Chapman Green
My amendments 6 and 11 seek to clarify the terminology and help to modernise the language in the 1980 act. Religious instruction is often considered to be th...
Stephen Kerr Con
To be clear, I did not say that it is a mistake. I said that it was a technical issue. I hope that Maggie Chapman accepts that.
Maggie Chapman Green
I think that I heard the word “mistake”, but I accept what Stephen Kerr has now said in his intervention.Amendment 22 would support children’s rights under a...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The question is, that amendment 6 be agreed to. Are we agreed?Members: No.