Meeting of the Parliament 24 March 2026 [Draft]
I thank Daniel Johnson for his commitment in bringing forward the legislation on restraint and seclusion that is before us today. I applaud his approach to working with the Government and I encourage more such good behaviour in the coming parliamentary session.
The bill has brought together parties from across the chamber, united by a clear and shared objective: to improve the lives of our children and young people. As we conclude these stage 3 proceedings, it is right to recognise the significant amount of work that has brought the bill to its final parliamentary stage. Families, campaigners, the Children and Young People's Commissioner, our teachers and school staff, the teaching trade unions and the Education, Children and Young People Committee have all approached the issue with seriousness and compassion.
I again pay tribute to the determined efforts of Beth Morrison and Kate Sanger, whose tenacious campaigning has ensured that children’s experiences remain firmly at the centre of this work. No children should have to experience what Calum Morrison and Kate’s daughter Laura went through in school. Beth and Kate have turned those traumatic experiences into a positive campaign to improve the lives of all our children, and were it not for them I am certain that we would not be having a stage 3 debate on a bill on restraint today.
As colleagues know, the Scottish Government’s position on the use of restraint and seclusion has been consistent throughout the passage of the bill. Restraint must only ever be used as a last resort to prevent injury. That principle, which underpinned the national guidance that was issued in 2024, remains central today.
The Scottish Government’s original intention was to conclude the review of our 2024 guidance before determining whether legislation was required. I confirm that, as we have heard from Mr Johnson, we published the review of the national guidance this morning. I thank all those who responded to the review and who have helped to implement the national guidance in our schools. Although the data that has been collected does not yet provide a full picture, as we also heard, we can clearly see that there is a higher prevalence of restraint and seclusion in our primary and special schools.
Progress is being made on professional learning to help support implementation. However, one year on from the implementation of the national guidance, there is clearly more work to be done to improve parental notifications and recording and to further support professional learning.
The review is perhaps itself evidence of the need to legislate in this space—there is a clear alignment between the review’s findings and the issues that Daniel Johnson seeks to address with his bill. That is why the Government will support the bill tonight. From the outset, the Government has seen the value in working constructively with Daniel Johnson to advance the bill, and that pragmatic, collaborative approach has been maintained throughout every stage.
The Parliament’s scrutiny has also been rigorous and thoughtful throughout the bill’s passage. The Education, Children and Young People Committee’s stage 1 report and members’ speeches in the stage 1 debate highlighted clear support for the bill’s general principles. However, the committee also highlighted many areas in which further clarity and precision were deemed to be essential if the bill is to work in practice for the schools and families that are affected by restraint.
As members have heard, I have been pleased to work collaboratively with Mr Johnson to strengthen the bill at stages 2 and 3 and to lay the groundwork for clear and effective implementation.
The support that Daniel Johnson and I have received from the Education, Children and Young People Committee and from across the chamber has reassured me that we have listened to and addressed the concerns that were raised at stage 1. As a result of Parliament’s close scrutiny, I believe that we have produced a stronger bill that is consistent with the initial intentions behind it.
The bill before Parliament today reflects that combined work of members, teachers, families and campaigners, and it represents a significant step forward in establishing a much clearer legal framework for the use of restraint and seclusion and for our rights-based approach to practice in our schools.
Should Parliament choose to pass the bill, the Government will focus on implementation. The creation of the new statutory guidance will be informed, of course, by the evidence that was gathered throughout the bill’s parliamentary progress and the findings from the guidance review.
I congratulate Daniel Johnson on navigating the legislation so successfully through Parliament. On the day before the dissolution of what has at times been a deeply divided Parliament, parties will instead come together to legislate in the best interests of Scotland’s children and young people.
As cabinet secretary, I have been proud to support along its way a bill that, as we all know, was driven from inception by the campaigning voices and tenacious spirit of Beth Morrison and Kate Sanger. At the end of the day, the bill is about Scotland’s bairns—for Calum, for Laura and for all of Scotland’s children.