The Bill changes the process for withdrawing pupils from religious instruction or religious observance at school. It also changes how the compatibility duty on public authorities in the United Nations Convention on the Rights of the Child (Scotland) (Act) 2024 operates if there are conflicting statutory duties.
This is a Government bill
The Bill was introduced on 30 April 2025.
This Bill has been introduced.
Under the Education (Scotland) Act 1980 parents can withdraw a child from religious education and religious observance in school. Religious education can also be known as religious and moral education.
Part 1 of the Bill would require schools to inform a child if their parent asks for them to be withdrawn from either or both of these. It also gives the child the chance to express their views. Where the child’s views are different from the parent’s views, the school would have to follow the child’s wishes.
Where a child is not capable of forming a view, the school would not have to take these steps. However, it is assumed that a child is able to do so unless it is shown otherwise.
Part 2 of the Bill makes changes to the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.
This Act places a duty on public authorities not to act in a way that is incompatible with the UNCRC. There is an exception to that duty where an Act of the UK Parliament requires them to act differently. The Bill would put in place another exception so that Acts of the Scottish Parliament were treated in a similar way to Acts of the UK Parliament, where there are conflicting duties.
The Scottish Government wants to make these changes to clarify the operation of the law and its compliance with the UNCRC.
Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill as introduced (358KB, pdf) posted 30 April 2025
Explanatory Notes (150KB, pdf) posted 30 April 2025
Policy Memorandum (248KB, pdf) posted 30 April 2025
Financial Memorandum (287KB, pdf) posted 30 April 2025
Delegated Powers Memorandum (151KB, pdf) posted 30 April 2025
Statements on legislative competence (111KB, pdf) posted 30 April 2025
Explanatory Notes (230KB, pdf) posted 30 April 2025
Policy Memorandum (303KB, pdf) posted 30 April 2025
Financial Memorandum (303KB, pdf) posted 30 April 2025
Delegated Powers Memorandum (222KB, pdf) posted 30 April 2025
Statements on legislative competence (168KB, pdf) posted 30 April 2025
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
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A research briefing will be published in due course.
The Bill was introduced on 30 April 2025