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Chamber

Meeting of the Parliament 19 March 2026 [Draft]

19 Mar 2026 · S6 · Meeting of the Parliament
Item of business
Restraint and Seclusion in Schools (Scotland) Bill: Stage 3
Mason, John Ind Glasgow Shettleston Watch on SPTV

Amendment 1 will provide a regulation-making power to amend the definitions of restraint and seclusion in section 1 at a future date, where ministers consider it necessary to do so. I understand that the Cabinet Secretary for Education and Skills is keen on such an amendment and I think that it makes a lot of sense. The regulation-making power will be able to be exercised where necessary to prevent the current definitions capturing actions that do not carry a significant risk of harm and, on the other hand, it will allow the definitions to capture additional actions that do carry a significant risk of harm. The regulations will be subject to the affirmative procedure, which will provide Parliament with an opportunity for scrutiny.

I will set out why I consider that amendment 1 matters, and how the bill now offers a clearer and more practical approach to restraint and seclusion in schools. At stage 1, we in the Education, Children and Young People Committee had reasonable concerns that the bill might accidentally pull in routine and harmless interactions, such as guiding a child by the hand across the road or offering physical support as part of a child’s everyday care. The committee wanted to ensure that the system would be workable for staff, without unnecessary paperwork or confusion.

A number of changes that directly addressed those points were introduced into the bill at stage 2. The bill now includes clear definitions of restraint and seclusion. Statutory guidance will provide clarity about the difference between action that significantly restricts a child’s movement and something that is simply day-to-day support. That should mean that we can clearly say that holding a child’s hand or other ordinary interactions are not restraint and are not covered by the bill. Restriction of movement, such as with equipment that is used as part of a child’s agreed support plan, might still fall within the definition of restraint in section 1, but regulations made under section 4(4A), which was added at stage 2, will be able to specify that such actions are types of restraint that do not need to be recorded or reported.

Amendment 1 will ensure that the definitions in the bill remain appropriate and workable. If, in future, activity that is genuinely routine is still being mistakenly treated as restraint or seclusion, an adjustment can be made to the definition in section 1. That should ensure that the framework always remains practical and proportionate. Together, those provisions respond directly to the committee’s concerns and should create a balanced, workable system that protects children, while supporting the professionals who care for them.

I move amendment 1.

In the same item of business

14:42
The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is stage 3 proceedings on the Restraint and Seclusion in Schools (Scotland) Bill. In dealing with the amendments, members should ha...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 1 is on the scope and application of restraint and seclusion provisions. Amendment 1, in the name of John Mason, is grouped with amendments 3 and 6.
John Mason (Glasgow Shettleston) (Ind) Ind
Amendment 1 will provide a regulation-making power to amend the definitions of restraint and seclusion in section 1 at a future date, where ministers conside...
The Cabinet Secretary for Education and Skills (Jenny Gilruth) SNP
I thank John Mason for lodging amendment 1. The regulation-making power will be used by ministers only where they consider it necessary to ensure that the de...
Willie Rennie (North East Fife) (LD) LD
I am a strong supporter of the bill. The amendments in this group are proportionate and balanced. We have to recognise that there is anxiety and concern amon...
Jenny Gilruth SNP
This morning, I met the EIS and AHDS, as well as the other teaching trade unions, and I talked to some of their concerns in this area. It is the case that, t...
Willie Rennie LD
They would very much welcome that.This is an issue of culture in our schools, which has been evolving over time. We are adapting to high demand with regard t...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
: As the member in charge of the bill, I will support all three amendments in the group and all the amendments that have been lodged this afternoon.I thank t...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call John Mason to wind up, and press or withdraw amendment 1.
John Mason Ind
I welcome both Daniel Johnson’s and Willie Rennie’s comments, as well as those of the cabinet secretary.Willie Rennie used the word “ambiguity”; other people...
The Deputy Presiding Officer (Annabelle Ewing) SNP
We turn to group 2, which is on consultation. Amendment 2, in the name of the cabinet secretary, is the only amendment in the group.
Jenny Gilruth SNP
Amendment 2 is a minor amendment to allow consultation on the first set of statutory guidance to begin before relevant sections in the bill are brought into ...
Daniel Johnson Lab
Amendment 2 is sensible. In essence, it allows the Government to get on with it and do the consultation ahead of the bill coming into force. It is sensible a...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Does the cabinet secretary have anything to add by way of winding up?
Jenny Gilruth SNP
I have nothing further to add.Amendment 2 agreed to.Section 3—Duty to inform parents of use of restraint or seclusionAmendment 3 moved—Jenny Gilruth—agreed t...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 3 is on regulation-making powers. Amendment 4, in the name of the cabinet secretary, is grouped with amendments 5 and 7.
Jenny Gilruth SNP
Amendment 4 removes a provision that is now unnecessary because the same provision was made in another amendment that was agreed to at stage 2.Amendments 5 a...
Daniel Johnson Lab
To echo the cabinet secretary’s comments, amendments 4, 5 and 7 are technical amendments that enable the Government to introduce secondary legislation to ens...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Does the cabinet secretary have anything to add by way of winding up?
Jenny Gilruth SNP
I have nothing further to add.Amendment 4 agreed to.Amendment 5 moved—Jenny Gilruth—and agreed to.Section 6—InterpretationAmendment 6 moved—Jenny Gilruth—and...
The Deputy Presiding Officer (Annabelle Ewing) SNP
That ends consideration of amendments.I advise members that, as they will be aware, the Presiding Officer is required under standing orders to decide whether...