Meeting of the Parliament 17 February 2026 [Draft]
The legislation that comes before Parliament today does not sit in isolation; rather, as we have heard from some members this afternoon, it is part of the wider story of Scotland’s journey to strengthen children’s rights.
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 was a key milestone on that path. As the chair of the UN Committee on the Rights of the Child has commented, it is
“one of the finest examples of domestic children’s-rights legislation anywhere in the world.”
Just three months ago, on world children’s day, we laid Scotland’s first children’s rights scheme before Parliament. The passing of the bill before Parliament this evening will build on that progress to date. The bill offers Parliament a clear opportunity in this parliamentary session to make meaningful progress on enhancing the rights of Scotland’s children and young people.
The right to withdraw from religious observance in Scotland’s schools dates back to the 1800s. Consequently, perhaps, there is no legal requirement currently to consult children about being withdrawn from religious observance in Scotland’s schools. Thankfully, things have moved on since then.
Given the wide range of views on the issue, the Government’s approach throughout has been to chart a middle course, to strengthen children’s rights while balancing three other key considerations—namely, parental rights, stakeholder views and the practical implications for schools.
Part 1 of the legislation proposes a new legal requirement to consider pupils’ views as part of the withdrawal process. Without those changes, pupils might be denied their rights under the UNCRC. The withdrawal process can be initiated only by a parent; the bill does not seek to change that. However, the changes will provide certainty in law that children’s and young people’s views must be considered when parents are exercising their withdrawal right.
As members will also be aware, at stage 2, the bill was amended to separate religious observance and religious and moral education so that the right of parental withdrawal applies only to religious observance. The Government was supportive of the bill being amended in that way, given the clear consensus on the importance of religious and moral education as a curriculum area and its benefits for community cohesion.
The consensus was echoed by stakeholders, including the Scottish Teachers Association of Religious and Moral Education, the Humanist Society Scotland, the United Nations Children’s Fund UK and the Scottish Human Rights Commission.
However, as we heard this afternoon, some concerns have been expressed about how the change could affect denominational schools, where religious observance and religious education are often closely interwoven. Again, I put on the record the importance of protecting our denominational schools, which are rightly afforded legal protection in Scotland.
Although I was married to my wife by a humanist celebrant, my last teaching post before I became an MSP was in a Catholic school, so I know and recognise the significant importance of faith schools to communities the length and breadth of Scotland.
The Scottish Catholic Education Service will be a key stakeholder in the development of the new statutory guidance, in recognition of the importance of supporting the changes in denominational schools, particularly when religious observance is often part of their wider ethos. To that end, I have been pleased to lead significant engagement with the Scottish Catholic Education Service. In addition, my officials recently visited Sacred Heart primary school in Glasgow and Calderwood Lodge primary school in East Renfrewshire to meet headteachers and listen to pupils. The close engagement with SCES will continue as the Government develops the statutory guidance to accompany the bill.
I have also heard concerns from stakeholders, including the Humanist Society Scotland and the Children and Young People’s Commissioner Scotland, about non-inclusive religious observance in non-denominational schools. Scottish Government guidance is already clear that religious observance should be inclusive of pupils of all faiths and none. However, the updated statutory guidance will reiterate the necessity of inclusivity, which is exactly why the Government supported Elena Whitham’s amendments on the issue. The Government recognises and agrees that inclusivity will look different in a denominational setting. As such, we supported the provisions in amendment 23, which listed denominational schools as a mandatory consultee prior to the issuing of the guidance.
On part 2 of the bill, I want to be clear about why the section 6B exemption is necessary. The exemption will apply only in very narrow circumstances when a public authority cannot read provisions in an act of the Scottish Parliament in a way that is compatible with the UNCRC requirements. Subsequently, the public authority might be required to act in a way that is incompatible with the requirements of the UNCRC act. In that situation, public authorities need clarity on their duties to deliver services, which is why the exemption is necessary.
Our approach, which reflects a similar and long-standing provision in the Human Rights Act 1998, recognises that, if the exemption applies, it is not the public authority but the legislation that is at fault. We recognise that, in some cases, the legislation might need to be changed and that such changes should be the responsibility of the Government and the Parliament, not of individual public bodies.
That approach has been welcomed by children’s rights stakeholders and by children and young people. For example, Together has described the exemption as a way of addressing systemic children’s rights issues at a primary legislation level. The children and young people it consulted said that they would rather see the root causes of rights violations being addressed, which is exactly what the exemption is designed to do.
The Government cannot predict every future case or scenario, but we can ensure that we have a clear and robust legal framework that is capable of responding to our collective understanding of children’s rights, which the Parliament has previously recognised. That understanding will continue to evolve, particularly as new cases come before the courts.
Through the bill and the wider framework of the UNCRC act, we are seeking to provide a clear and joined-up approach. I pay tribute to the Children and Young People’s Commissioner, the Scottish Human Rights Commission and Together for their constructive engagement on those pertinent issues.
The bill offers the Parliament a real opportunity to strengthen children’s rights in Scotland—in our schools, in our legislation and in how the Government is held to account. The bill is a mark of progress in improving the rights of children and young people in Scotland, but it is not an end point. The Government’s approach has involved working with members on as broad a basis as possible, and I thank members, the Equalities, Human Rights and Civil Justice Committee and stakeholders for their thoughtful contributions throughout the bill’s development. Together, I believe that we have improved the bill. In that spirit, I hope that members will vote at decision time to support greater rights for Scotland’s children.
I move,
That the Parliament agrees that the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill be passed.