Meeting of the Parliament 17 February 2026 [Draft]
I thank the Equalities, Human Rights and Civil Justice Committee for its work on the bill, those who have given evidence and the organisations that provided briefings ahead of the various stages of the bill.
From the outset, Scottish Conservatives have stated that we believe that it is important that children have a say in their education, but any change must also respect the crucial role that parents play in shaping their upbringing. As we have seen with the recent passage of the Children (Care, Care Experience and Services Planning) (Scotland) Bill, the ability of ministers to incorporate the UNCRC into law is becoming more and more problematic. That is also quite clear from what we have seen in the passage of this bill.
Scottish Conservatives have consistently expressed concern that the bill risks creating confusion and conflict within families, with unclear safeguards around how parental rights and children’s views would be balanced in practice, while also placing significant burdens on schools and teaching staff at the very time that they are telling us that they are facing so many other challenges. As I stated at stage 1, we support the principle of children being informed about and involved in decisions that affect them and their education, but we already have a system in place that makes sure that that happens at an age-appropriate stage in young people’s lives. Although data is not always available—it is estimated that 4,000 pupils in Scotland are currently withdrawn from RME and RO—ministers must now be concerned that the legislation is likely to be challenged in the courts. The fact that the bill has reached stage 3 in such a position is regrettable.
As For Women Scotland has stated in its briefing ahead of today’s debate:
“The Scottish Government must exercise its powers in a manner which is compatible with the requirements of Article 2 of Protocol No 1 to the European Convention on Human Rights, particularly the second sentence which has been incorporated into Schedule 1 of the Human Rights Act 1998, which states:
‘In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.’
Consequently, parents have a fundamental right, which the State must respect and protect, to raise their children in accordance with their own views and beliefs”.