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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 5 February 2026
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Displaying 3509 contributions

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Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

Do you recall whether the period of time was days, weeks or months?

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

I have raised the issue before, and I asked a question on it in the chamber. However, we have more opportunity for discussion in the committee when you bring forward pieces of subordinate legislation. The issue in 2024 was, in my view, very significant, but then we had the scenario last year in which there were not just slight gains in higher history but results that went above where they were the year before. What did you think when you saw that?

When I spoke to Shirley Rogers and the new chief executive, just after he was appointed but before the results came out, they thought that we might get somewhere that was a halfway house between that low level in 2024 and the level in previous years. However, what happened was that students got results that were above what they had been before. There was a huge increase. That must have been concerning to you.

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

Presumably, if that was highlighted as a case study, you cannot guarantee that it has not happened more than once. Do you have any historical data? Having heard about that case, have you gone back for further examples? Do you know how widespread, or not, that experience is?

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

Welcome back. Our next agenda item is consideration of the draft Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026, which is subordinate legislation that is subject to the affirmative procedure. The committee will now take evidence on the instrument from the Minister for Children, Young People and The Promise and her officials. The minister will also move the motion to approve the instrument.

I welcome Natalie Don-Innes, Minister for Children, Young People and The Promise, and, from the Scottish Government, Louisa Brown, team leader, kinship care and fostering; Rachael Wilson, team leader, children’s residential care unit; and Claire Montgomery, solicitor, legal directorate.

Minister, I ask you to speak to the draft instrument in your name.

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

I am not asking you to. I am not putting words into the mouths of our witnesses, but I think that there is a frustration. It has happened not just once—say, with the Housing (Scotland) Bill, which was used as an example—but time after time. It feels as though there are warm words but never any action to resolve the issues. We as a committee mentioned the matter in our stage 1 report and we have asked questions about it, because people outside this building are, in effect, criticising the Government for introducing legislation in that way.

I am still not reassured—I hope that I can be next week—that we will get a resolution to the issue in our final months of this session of Parliament, given that the Government has known about it for quite some time and has had a warning on it in relation to previous legislation but continues to introduce legislation in that way, as with the Promise bill. Do you understand that point of view, minister?

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

The minister has nothing further to add and no other member wishes to come in.

Motion agreed to.

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

The committee has approved the draft regulations, so it must now produce its report on the draft instrument. Is the committee content to delegate responsibility to me as convener to agree the report on behalf of the committee?

Members indicated agreement.

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

There are no further questions from members, so I invite the cabinet secretary to move motion S6M-19851.

Motion moved,

That the Education, Children and Young People Committee recommends that the Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2026 [draft] be approved.—[Jenny Gilruth]

Motion agreed to.

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

I am not asking about the Promise bill—indeed, the relevant minister will appear before our committee shortly.

Ms Brown, are solicitors in the Scottish Government aware that almost every witness we spoke to on that specific bill reiterated concerns that they had expressed about bills from other departments of the Scottish Government, which were that legislation is being introduced that might have to be changed at stage 2 because, when it is presented by the Government, it is not compliant with UNCRC? I note that we have before us a quite simple and straightforward SSI that ministers tell us in their policy note is compatible with the UNCRC.

Education, Children and Young People Committee [Draft]

Subordinate Legislation

Meeting date: 7 January 2026

Douglas Ross

You can tell us about the Promise bill, because I will certainly be raising the matter when we have our stage 1 debate very soon.

Witnesses told us, as the committee scrutinising the legislation, that they had made similar points on the housing bill to other committees. I am still wondering why the Government must tell us that a relatively straightforward SSI is compatible with the UNCRC while concerns exist about the compatibility of new legislation that the Government is introducing, such as the Promise bill.