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Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill

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.

Introduced: the Bill and its documents

Overview

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Part 1 of the Bill would require schools to inform a child if their parent asks for them to be withdrawn from either or both of these.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.

Why the Bill was created

The Scottish Government wants to make these changes to clarify the operation of the law and its compliance with the UNCRC.

Accompanying Documents

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

Accompanying Documents (print versions)

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

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

A research briefing will be published in due course.

The Bill was introduced on 30 April 2025