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Chamber

Meeting of the Parliament 29 January 2026 [Draft]

29 Jan 2026 · S6 · Meeting of the Parliament
Item of business
Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

::This has been a difficult bill to fully get my head around, not because the problem that it seeks to address is unclear but because we must be honest about how it would work in the real world—in our classrooms, on the toughest of days for teachers and staff who are already under immense pressure.

I am also the grandparent of a wonderful young woman—if I can call an 11-year-old a young woman—with autism. We must take in her toughest days and the pressure that she feels and undertake to understand what she is feeling at that time.

For me, one of the most important parts of our committee’s evidence taking on the bill was hearing from parents and carers who have campaigned tirelessly for it. They talked about real harm, trauma and failure in the system. The evidence that we heard was heartbreaking. Families spoke of their children sustaining broken bones, severe bruising and deep psychological scars. One mother told us that her daughter was restrained on her first day of secondary school and that, 20-odd years later, she still cannot tolerate closed doors. That should worry every one of us.

My colleague Karen Adam spoke about the need for understanding of young people and children with additional support needs. It came out in the evidence that some teachers were under pressure or did not have that understanding. As a grandparent, I know how that can be difficult. My daughter, Jessica, seems like a superhero to me as she deals with Daisy and some of these issues. We have a three-year-old in the family who is being looked at to see whether she is on the spectrum, too, so we have a rather nice, neurodiverse family unit in our family. We need to understand.

It can be difficult for people when they see a young person who is like that. I remember seeing some of my grandchildren’s first breakdowns related to autism. It can be scary and frightening at times, so I can understand why it would be difficult for teachers in a professional position.

However, ignoring the very serious concerns that the EIS has raised is not an option. During stage 1, the EIS’s evidence was clear and consistent in its message, and Tom Britton of the EIS told us something that we cannot brush aside:

“Without the context of more funding and more staff, it is difficult to get beyond that.”—[Official Report, Education, Children and Young People Committee, 1 October 2025; c 102.]

He is absolutely right. We cannot legislate as if staffing levels, workload and resources are abstract issues. To make the bill work properly and safely, we will require more staff. That raises very real questions. Are we talking about additional teaching staff, specialist support staff or administrative staff to handle reporting and monitoring duties? Those decisions will land squarely at local authority level, and they cannot be ducked.

Our teachers are already working in a very challenging environment. They are managing increasingly complex additional support needs and growing administrative burdens. The EIS warned us that, if the bill is poorly implemented, it will risk creating a report culture that is based on fear rather than learning. That is not scaremongering; it is a legitimate concern from a workforce that wants to get it right. We should be clear that our teachers are not the problem.

For the bill to deliver on its aims, several issues need to be addressed at stage 2. First, as has already been said, the current definition of restraint is so broad that it risks capturing ordinary, benign interactions with children.

Secondly, seclusion is the most difficult and sensitive issue in the bill. Many witnesses described seclusion as deprivation of liberty and potentially of human rights. We need to get that definition right. Data reporting is also an important concern, because we do not want to be in a situation in which data, rather than being used as a tool to make things better, is used as some kind of league table.

We must protect our children’s rights and support teachers without creating fear, bureaucracy or unintended consequences. There is a lot of work still to be done on the bill, and I am happy to work with others to ensure that we make the bill the best that it possibly can be.

In the same item of business

The Deputy Presiding Officer (Annabelle Ewing) SNP
::The next item of business is a debate on motion S6M-20519, in the name of Daniel Johnson, on the Restraint and Seclusion in Schools (Scotland) Bill at stag...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
::It is a huge privilege to move the motion in my name, which seeks the Parliament’s support for the purposes and general principles of my bill. I begin by t...
Douglas Ross (Highlands and Islands) (Con) Con
::In articulating his points, would the member in charge of the bill like to address the campaign email that MSPs have received from the Educational Institut...
Daniel Johnson Lab
::I am afraid that I have only six minutes, and I would also like to address the points that the committee made.Essentially, what I am proposing is not new—t...
Douglas Ross (Highlands and Islands) (Con) Con
::I am delighted to speak on behalf of the Education, Children and Young People Committee. I begin by thanking the member in charge of the bill, Daniel Johns...
The Cabinet Secretary for Education and Skills (Jenny Gilruth) SNP
::I congratulate Daniel Johnson on the progress that he has made thus far in legislating on restraint and seclusion. Mr Johnson and I have been engaged over ...
Daniel Johnson Lab
::I am grateful to the cabinet secretary for her kind words. Does she agree that it is important to stress that, although that guidance was published in 2024...
Jenny Gilruth SNP
::I am happy to support the points that Mr Johnson made. The guidance will be familiar to teaching staff and those who work in our schools. It is important t...
Miles Briggs (Lothian) (Con) Con
::I, too, pay tribute to Daniel Johnson for the work that he and his office have undertaken on his member’s bill. Having taken forward two consultations, I k...
Paul O’Kane (West Scotland) (Lab) Lab
::I join colleagues from around the chamber in thanking my friend and colleague Daniel Johnson for his work on the issue and the bill. It is no small feat to...
Maggie Chapman (North East Scotland) (Green) Green
::I begin by thanking and congratulating Daniel Johnson on his bill and all the work that he has put into it. I thank the committee for its meticulous scruti...
Willie Rennie (North East Fife) (LD) LD
::I congratulate Daniel Johnson on getting this far with the bill. He has done a very professional job in convincing all sides of the bill’s merits, and it h...
Jenny Gilruth SNP
::I am thinking about Mr Rennie’s points in relation to behaviour by pupils with additional support needs. Is it his view that the Government should, in futu...
The Deputy Presiding Officer (Liam McArthur) LD
::I can give you the time back, Mr Rennie.
Willie Rennie LD
::The children’s commissioner raised that point during her evidence. She said that she was in favour of putting the current guidance on a statutory footing b...
The Deputy Presiding Officer (Liam McArthur) LD
::We move to the open debate.15:16
Jackie Dunbar (Aberdeen Donside) (SNP) SNP
::I, too, congratulate Daniel Johnson and thank him for bringing the bill to the Parliament. I also thank my colleagues on the Education, Children and Young ...
Claire Baker (Mid Scotland and Fife) (Lab) Lab
::The background to the bill has been well set out this afternoon by Daniel Johnson, and I congratulate him on its reaching stage 1.The issue of restraint an...
Karen Adam (Banffshire and Buchan Coast) (SNP) SNP
::I will start my remarks where the public conversation on the bill started, which is with the parents and the carers who have had to live through something ...
The Deputy Presiding Officer (Liam McArthur) LD
::George Adam is the final speaker in the open debate.15:29
George Adam (Paisley) (SNP) SNP
::This has been a difficult bill to fully get my head around, not because the problem that it seeks to address is unclear but because we must be honest about...
The Deputy Presiding Officer (Liam McArthur) LD
We move to closing speeches.15:33
Paul O’Kane Lab
::I will begin by picking up on what we have heard this afternoon, starting with the Education, Children and Young People Committee’s work, which has been ve...
Roz McCall (Mid Scotland and Fife) (Con) Con
::I add my congratulations to Daniel Johnson on doing the wheen of work that goes into bringing a bill to this stage. I also congratulate, as many members ha...
Jenny Gilruth SNP
::I thank members from across the chamber for their contributions to today’s debate, which has been remarkable for the conciliatory tone that we have had acr...
Daniel Johnson Lab
::I almost do not know how to respond to the overwhelming and universal compliments that I have received this afternoon. I cannot claim not to occasionally u...
The Deputy Presiding Officer (Liam McArthur) LD
::That concludes the debate on the Restraint and Seclusion in Schools (Scotland) Bill at stage 1. There will be a brief pause before we move to the next item...