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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
Kerr, Stephen Con Central Scotland Watch on SPTV

I will limit my remarks to amendments 22 and 22A, on requiring schools to provide parents and children with detailed information about planned religious observance at least 14 days in advance. That information must include not only the format and content but the assessment of whether the observance is

“sufficiently objective, critical and pluralistic”.

I begin by saying that transparency is not the problem. It is right that parents should understand what is happening in their child’s school, and it is right that observance should be inclusive and respectful. I do not think that anyone disputes that, but amendment 22 would go much further than transparency. It would introduce into primary legislation a formalised statutory test that misunderstands what religious observance is. Observance is not a classroom lesson in comparative religion. It is not an academic seminar. It might be reflective or devotional. In denominational settings, it is part of the faith character that parents have consciously chosen. To require schools to certify in advance that observance is sufficiently objective, critical and pluralistic is to apply a secular analytical framework to something that is not designed to function in that way. That is not a small drafting point—it is a conceptual mistake.

There is also a question of proportionality. We do not require 14-day statutory reports for assemblies, commemorations, themed events or visiting speakers. We do not require advanced legal assessments of whether those events meet an abstract standard. Why, then, single out religious observance for that level of prescription?

Amendment 22A would extend that requirement to denominational schools. That raises an even more serious issue. Parents who enrol their children in a denominational school do so in the full knowledge of its ethos. To subject those schools to a statutory objectivity test risks eroding the distinctive character that the Parliament has long recognised and protected. There is a difference between accountability and control. There is a difference between guidance and rigid statutory prescription. If further clarity is needed about the meaning of observance, guidance is the proper vehicle. Schools need flexibility; they do not need another layer of bureaucratic reporting embedded in statute.

The bill already seeks to narrow the parental conscience clause by removing the right to withdraw from religious and moral education. I happen to agree with that. It already seeks to introduce a new formal process around observance. In that context, we should be cautious about layering on additional statutory burdens that risk confusion, inconsistency and unnecessary administrative strain.

Matters of conscience and faith require careful handling. We should legislate with balance. That means respecting children’s voices but also respecting parental choice and the integrity of different school types in our system. For those reasons, although I understand the intention behind them, I cannot support amendments 22 and 22A.

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.