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 and is at Stage 2
This Bill is at Stage 2 of the process to decide if it should become an Act.
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Part 1 of the Bill would require schools to inform a child if their parent asks for them to be withdrawn from either or both of these.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.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist 成人快手 in their examination of Bills and other parliamentary business.
The Bill was introduced on 30 April 2025
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all 成人快手 on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 3 September 2025, Parliament agreed motion S6M-18698, that consideration of the Children (Withdrawal from Religious Education and Amendment to UNCRC Compatibility Duty) (Scotland) Bill at Stage 1 be completed by 28 November 2025.
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the Bill.
The call for views closed on 1 September 2025.
Letter from the Cabinet Secretary for Education and Skills to the Convener of the Equalities, Human Rights and Civil Justice Committee, 24 November 2025
Letter to the Cabinet Secretary for Education and Skills from the Convener of the Equalities, Human Rights and Civil Justice Committee, 19 November 2025
Letter from the Humanist Society Scotland to the Convener of the Equalities, Human Rights and Civil Justice Committee, 31 October 2025
Letter from Together (Scottish Alliance for Children's Rights) to the Convener of the Equalities, Human Rights and Civil Justice Committee, 27 October 2025
Letter from the Cabinet Secretary for Education and Skills to the Convener of the Equalities, Human Rights and Civil Justice Committee, 21 October 2025
See a full list of Stage 1 correspondence for this committee
The Equalities, Human Rights and Civil Justice Committee published its report on 19 November 2025.
The Committee received the following response to its report:
Letter from the Cabinet Secretary for Education and Skills to the Convener, 24 November 2025
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Committee published its report on 26 June 2025.
A Stage 1 debate took place on 25 November 2025 to consider and decide on the general principles of the Bill.
Read the minutes of proceedings (228KB, pdf) posted 25 November 2025
The Bill ended Stage 1 on 25 November 2025
At Stage 2, 成人快手 can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Ahead of Stage 2 proceedings, the Presiding Officer determined under Rule 9.12 of Standing Orders that, if certain Stage 2 amendments were to be agreed, a Financial Resolution would be required for the Bill.
Parliament agreed a Financial Resolution at its meeting on 11 December 2025.
Read the minutes of proceedings (183KB, pdf) posted 11 December 2025
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
See further details of the motion
Documents with the amendments to be considered at the meeting held on 16 December 2025.
Marshalled List of Amendments for Stage 2 (470KB, pdf) posted 11 December 2025
Groupings of Amendments for Stage 2 (518KB, pdf) posted 11 December 2025
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.