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
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, just after we have incorporated the UNCRC into Scots law, the bill will give public bodies that are meant to uphold children’s rights a blanket opt-out, should there be any conflict between the convention and other legislation. That sends out entirely the wrong message. Angela O'Hagan of the Scottish Human Rights Commission said at stage 1:
“For the bill to propose in part 2 a much more significant carve-out for all subsequent legislation, rather than addressing the problem at the core, is a problem.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 30 September 2025; c 48.]
We must ensure that acts of the Scottish Parliament are compliant with UNCRC in the first place, so that we can build a human rights culture in our public authorities, and that culture should respect the rights of children and young people as absolute.
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...