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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
Chapman, Maggie Green North East Scotland Watch on SPTV

I begin by thanking a number of people who have helped us get to this point today. As ever, the legislation team are unsung heroes, expertly drafting amendments, often at very short notice. Without their work, we would not be here. I also thank the clerking and Scottish Parliament information centre teams of the Equalities, Human Rights and Civil Justice Committee for guiding us through stages 1 and 2.

The Parliament has been on a journey towards better recognising and protecting the rights of children and young people. In 2024, we enshrined the UN Convention on the Rights of the Child into Scots law. Before that, my Green colleague John Finnie ensured that all children are protected from physical assault.

We believe that UNCRC incorporation is the start, not the end, of ensuring that everything that we do upholds the rights of children and young people. Despite the convention’s incorporation, our age of criminal responsibility is still just 12, which is lower than the age of 16 as recommended by the UN Committee on the Rights of the Child, and even lower than its supposed absolute minimum of 14.

The Education (Scotland) Act 1980 allows children to be withdrawn from religious activities in schools without their consent and without even asking for their views to be taken into account. That is clearly contrary to the convention, and I welcome the opportunity to correct that, but a major problem remains. As we have heard, the bill as now drafted allows a young person to opt back into those activities if they have been opted out of them, but not to opt out themselves. The Scottish Human Rights Commission, Together—the Scottish Alliance for Children’s Rights, the Humanist Society Scotland and the Children and Young People’s Commissioner Scotland are totally united in saying that the bill must include that extra provision.

I appreciate that the Scottish Government listened to those experts and supported my amendment to create a power to introduce an independent right to withdraw via regulations. However, because my amendment 7A was not accepted today, there remains no requirement to introduce or even consult on those regulations, and there is no timeline either. It is possible that that power could sit on the books for years and not be used. Many other powers have so languished. That would be completely unacceptable.

I am not an expert in children’s rights. With respect, neither is the cabinet secretary—nor is Stephen Kerr, and nor is Paul O’Kane. However, the Children and Young People’s Commissioner is, as are Professor Angela O’Hagan and the Scottish Human Rights Commission. Children in Scotland and the Children’s Parliament are experts, too, as are Kibble, Save the Children, UNICEF, the Scottish Child Law Centre and many more organisations besides.

Without exception, they are all saying that, without the independent right, to quote the Scottish Human Rights Commission,

“Part 1 in its current form does not achieve compliance with the UNCRC.”

Without such compliance, the Scottish Government runs the risk of legal challenge. Given the successful legal challenge that took place in Northern Ireland, the cabinet secretary will know that there are concerns that a challenge could also succeed here.

The cabinet secretary received a letter from Together and the Humanist Society Scotland saying that an independent right to withdraw

“is the only approach that is compatible with children’s human rights, and it is the only approach that will provide a clear, equitable, and legally resilient settlement.”

I will deal with part 2 of the bill in my closing speech. For now, I will end my opening speech by saying that we must listen to the experts. The Scottish Government must give a clear commitment today that it will consult on an independent right to withdraw should it be re-elected after May. The cabinet secretary still has time to make that commitment, and I urge her to do so later this evening.

19:26

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-20813, in the name of Jenny Gilruth, on the Children (Withdrawal from Religious Education and Amendment o...
The Cabinet Secretary for Education and Skills (Jenny Gilruth) SNP
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 wi...
Miles Briggs (Lothian) (Con) Con
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 ...
Jenny Gilruth SNP
We have heard a variety of views on the matter during the discussions on amendments this afternoon, and I am sure that we will hear more in the debate. Howev...
Miles Briggs Con
The courts will have to judge whether the Government has overstepped the mark in the legislation, given the contradictory UNCRC and European human rights pro...
The Deputy First Minister and Cabinet Secretary for Economy and Gaelic (Kate Forbes) SNP
I wonder what the member thinks of a story that a constituent shared with me. She runs a Christian kids’ club in her local primary school. A little child was...
Miles Briggs Con
That is an individual case. Looking at how this will play out in the different scenarios that bureaucratic systems will look towards is very different.
Martin Whitfield Lab
Will the member take an intervention?
The Presiding Officer NPA
This will have to be very brief.
Martin Whitfield Lab
I am very grateful, Presiding Officer.The debate that we are having is about religious education and religious observance in a school setting, not about club...
Miles Briggs Con
The Deputy First Minister has pointed towards that club being held in a school, and I imagine that that is likely to be discouraged, given that scenario.I am...
Paul O’Kane (West Scotland) (Lab) Lab
As we have concluded the amendment stages of the bill, I join others in thanking the legislation team for their ever-present support with drafting amendments...
Maggie Chapman (North East Scotland) (Green) Green
I begin by thanking a number of people who have helped us get to this point today. As ever, the legislation team are unsung heroes, expertly drafting amendme...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I remind members of my entry in the register of members’ interests. I am married to a Roman Catholic primary school teacher, and I was formerly the convener ...
The Presiding Officer NPA
We move to the open debate.19:30
Karen Adam (Banffshire and Buchan Coast) (SNP) SNP
The bill is about children’s rights showing up in the real world—in the school day and in the decisions that adults make that can change how a young person e...
Stephen Kerr (Central Scotland) (Con) Con
Well, I think that the bill is a mess. It has struggled its way through the different stages in this Parliament, and today’s stage 3 amendments were evidence...
Jenny Gilruth SNP
Will the member take an intervention?
Stephen Kerr Con
Yes, of course.
Jenny Gilruth SNP
The issues around conflict were discussed at length in the evidence sessions that were led by the Equalities, Human Rights and Civil Justice Committee, and i...
Stephen Kerr Con
I do not doubt that conflict exists currently, but it exists within a very clear framework of law. The bill is not a clear framework of law.
Jenny Gilruth SNP
We will have to disagree on that.
Stephen Kerr Con
I think that we will—the cabinet secretary is correct.Of course children must be respected and they must be heard, but the Conservatives also recognise the f...
Graham Simpson (Central Scotland) (Reform) Reform
I will be brief. I agree with Stephen Kerr that the bill is a bit of a dog’s breakfast. I approach the bill from the point of view of asking whether it will ...
The Presiding Officer NPA
We move to the winding-up speeches.19:41
Maggie Chapman Green
As I indicated earlier, my closing remarks will focus on part 2 of the bill. I remain uncomfortable with that part of the bill. What is happening is that, ju...
The Deputy First Minister and Cabinet Secretary for Economy and Gaelic (Kate Forbes) SNP
I understand the member’s point. There has been quite a move in recent years to remove religious observance from school or to assume that to be secular is to...
Maggie Chapman Green
I am talking about part 2 of the bill, which is not about religious observance. However, on that point, we believe that there should be separation of church ...
Martin Whitfield (South Scotland) (Lab) Lab
I refer members to my entry in the register of members’ interests.I apologise to Karen Adam for having to step out during her speech. I will look it up, I as...
Roz McCall (Mid Scotland and Fife) (Con) Con
The debate has been thoughtful, and I thank members from all parties for their contributions. Everyone who spoke did so out of a genuine concern for children...