Seòmar agus comataidhean

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 experiences their education.

Parents have had a long-standing right to withdraw a child from religious observance. The bill will bring children’s rights into that reality in a way that schools can operate with. When a withdrawal request is received, the pupil must be told that the request has been made. The pupil has the right to object, and the school must take account of the pupil’s views with regard to their age and maturity.

I convened the lead committee that took evidence on the bill. To be clear, I am not speaking as convener today; however, I want to say that hearing the evidence made it clear how easy it is for children’s voices to be missed, although nobody intends harm. We also heard genuine concerns about family conflict and the position that teachers can possibly be put in.

For me, the answer is not to pretend that those concerns do not exist, and it is not to push the child to the side, either. The answer is to provide a clear process that puts the child’s views into the decision and then backs schools with guidance and consistency, so that nobody is left guessing.

I am genuinely pleased that, with the bill, we will have a clear separation between religious observance and religious and moral education, and that we will have removed the right to withdraw from RME, which is a measure that I advocated for. RME is education. It is one of the eight core curriculum areas, and it is delivered in an objective, critical and pluralistic manner. It helps pupils to learn about and from different religions and belief groups, and it helps them to explore ethical questions and values, which I think we can all agree is needed in our education systems now more than ever.

For the avoidance of doubt, nothing in the bill stops religious observance—it simply makes the decision making around it fairer. In the world that our young people are growing up in, with division being fed online every day and misinformation travelling faster than facts, it is more important than ever that we have the broad grounding provided by RME—not so that all young people think the same, but so that they can understand difference without fear and can disagree without dehumanising.

I welcome the stage 3 changes that have been agreed today that strengthen how that will work in practice, including provisions on guidance for schools, annual reporting on withdrawals from religious observance and a review after three years. That matters, because we should come back to the legislation with evidence and not just assumptions.

If the Parliament has agreed a consultative route to consider an independent right for a child or young person to request withdrawal from religious observance in future, I welcome that approach, because it allows proper consultation and scrutiny before any further change is made.

Part 2 of the bill, which is technical but important, amends the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 to place a duty on public authorities not to act incompatibly with UNCRC requirements when carrying out functions under acts of the Scottish Parliament. The bill limits that amendment so that, where a public authority is compelled to act in such a way by another act, it is not forced into an impossible choice that risks the continuity of an essential public service. There are also safeguards should such a question of exemption arise in legal proceedings, including notification to the Lord Advocate, the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission.

The bill is not about taking away faith from anyone, and it is not about dismissing parents. It is about being honest that children have rights, too, and that schools should be a place where learning builds understanding, not barriers. The bill strengthens children’s rights, protects RME as education and gives schools a clearer footing. I will be pleased to vote for it.

19:34

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 experiences their education.

Parents have had a long-standing right to withdraw a child from religious observance. The bill will bring children’s rights into that reality in a way that schools can operate with. When a withdrawal request is received, the pupil must be told that the request has been made. The pupil has the right to object, and the school must take account of the pupil’s views with regard to their age and maturity.

I convened the lead committee that took evidence on the bill. To be clear, I am not speaking as convener today; however, I want to say that hearing the evidence made it clear how easy it is for children’s voices to be missed, although nobody intends harm. We also heard genuine concerns about family conflict and the position that teachers can possibly be put in.

For me, the answer is not to pretend that those concerns do not exist, and it is not to push the child to the side, either. The answer is to provide a clear process that puts the child’s views into the decision and then backs schools with guidance and consistency, so that nobody is left guessing.

I am genuinely pleased that, with the bill, we will have a clear separation between religious observance and religious and moral education, and that we will have removed the right to withdraw from RME, which is a measure that I advocated for. RME is education. It is one of the eight core curriculum areas, and it is delivered in an objective, critical and pluralistic manner. It helps pupils to learn about and from different religions and belief groups, and it helps them to explore ethical questions and values, which I think we can all agree is needed in our education systems now more than ever.

For the avoidance of doubt, nothing in the bill stops religious observance—it simply makes the decision making around it fairer. In the world that our young people are growing up in, with division being fed online every day and misinformation travelling faster than facts, it is more important than ever that we have the broad grounding provided by RME—not so that all young people think the same, but so that they can understand difference without fear and can disagree without dehumanising.

I welcome the stage 3 changes that have been agreed today that strengthen how that will work in practice, including provisions on guidance for schools, annual reporting on withdrawals from religious observance and a review after three years. That matters, because we should come back to the legislation with evidence and not just assumptions.

If the Parliament has agreed a consultative route to consider an independent right for a child or young person to request withdrawal from religious observance in future, I welcome that approach, because it allows proper consultation and scrutiny before any further change is made.

Part 2 of the bill, which is technical but important, amends the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 to place a duty on public authorities not to act incompatibly with UNCRC requirements when carrying out functions under acts of the Scottish Parliament. The bill limits that amendment so that, where a public authority is compelled to act in such a way by another act, it is not forced into an impossible choice that risks the continuity of an essential public service. There are also safeguards should such a question of exemption arise in legal proceedings, including notification to the Lord Advocate, the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission.

The bill is not about taking away faith from anyone, and it is not about dismissing parents. It is about being honest that children have rights, too, and that schools should be a place where learning builds understanding, not barriers. The bill strengthens children’s rights, protects RME as education and gives schools a clearer footing. I will be pleased to vote for it.

19:34

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 experiences their education.

Parents have had a long-standing right to withdraw a child from religious observance. The bill will bring children’s rights into that reality in a way that schools can operate with. When a withdrawal request is received, the pupil must be told that the request has been made. The pupil has the right to object, and the school must take account of the pupil’s views with regard to their age and maturity.

I convened the lead committee that took evidence on the bill. To be clear, I am not speaking as convener today; however, I want to say that hearing the evidence made it clear how easy it is for children’s voices to be missed, although nobody intends harm. We also heard genuine concerns about family conflict and the position that teachers can possibly be put in.

For me, the answer is not to pretend that those concerns do not exist, and it is not to push the child to the side, either. The answer is to provide a clear process that puts the child’s views into the decision and then backs schools with guidance and consistency, so that nobody is left guessing.

I am genuinely pleased that, with the bill, we will have a clear separation between religious observance and religious and moral education, and that we will have removed the right to withdraw from RME, which is a measure that I advocated for. RME is education. It is one of the eight core curriculum areas, and it is delivered in an objective, critical and pluralistic manner. It helps pupils to learn about and from different religions and belief groups, and it helps them to explore ethical questions and values, which I think we can all agree is needed in our education systems now more than ever.

For the avoidance of doubt, nothing in the bill stops religious observance—it simply makes the decision making around it fairer. In the world that our young people are growing up in, with division being fed online every day and misinformation travelling faster than facts, it is more important than ever that we have the broad grounding provided by RME—not so that all young people think the same, but so that they can understand difference without fear and can disagree without dehumanising.

I welcome the stage 3 changes that have been agreed today that strengthen how that will work in practice, including provisions on guidance for schools, annual reporting on withdrawals from religious observance and a review after three years. That matters, because we should come back to the legislation with evidence and not just assumptions.

If the Parliament has agreed a consultative route to consider an independent right for a child or young person to request withdrawal from religious observance in future, I welcome that approach, because it allows proper consultation and scrutiny before any further change is made.

Part 2 of the bill, which is technical but important, amends the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 to place a duty on public authorities not to act incompatibly with UNCRC requirements when carrying out functions under acts of the Scottish Parliament. The bill limits that amendment so that, where a public authority is compelled to act in such a way by another act, it is not forced into an impossible choice that risks the continuity of an essential public service. There are also safeguards should such a question of exemption arise in legal proceedings, including notification to the Lord Advocate, the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission.

The bill is not about taking away faith from anyone, and it is not about dismissing parents. It is about being honest that children have rights, too, and that schools should be a place where learning builds understanding, not barriers. The bill strengthens children’s rights, protects RME as education and gives schools a clearer footing. I will be pleased to vote for it.

19:34

We move to questions from Rhoda Grant.

Rhoda, do you want to come back in?

Good morning, and welcome to the third meeting in 2026 of the Equalities, Human Rights and Civil Justice Committee. We have no apologies this morning, but Rhoda Grant and Marie McNair are joining us remotely. This is Rhoda’s first meeting back with the committee; we are very pleased to welcome you back, Rhoda.

Our first agenda item is the continuation of our scrutiny of the budget for 2026-27. I refer members to papers 1 and 2. I welcome to the meeting Shona Robison, Cabinet Secretary for Finance and Local Government, and Kaukab Stewart, Minister for Equalities. The cabinet secretary and minister are accompanied by Simon Fuller, deputy director for fiscal strategy and analysis, and Rob Priestley, head of the Scottish Government’s mainstreaming unit. You are all very welcome. Thank you for attending.

I invite the cabinet secretary and the minister to give short opening statements before we move on to questions.

Thank you. I call Paul McLennan.

Oh, Rhoda—we have you now.

We now move on to questions from Marie McNair.

Welcome back. Our next item of business is consideration of two draft affirmative instruments.

I welcome to the meeting Siobhian Brown, Minister for Victims and Community Safety, who is accompanied by the following Scottish Government officials: Ciaran McDonald, legal aid reform team leader; Connor Duffy, legal aid reform manager; and Martin Brown, lawyer, legal directorate. I thank them for attending this morning.

I refer members to papers 3 and 4 and invite the minister to speak to the two draft instruments.