Pupils’ rights around religious observance in schools will be strengthened after was passed last night, the Scottish government has said.
Schools will now need to inform pupils when a request is made by a parent or carer to withdraw them from religious observance, but they will also have to consider any objection a pupil may have to their parents’ wishes.
However, the changes do not allow children to opt out of religious observance or education against the wishes of their parents, and Scottish Labour has described the legislation as a “muddled halfway house that pleases nobody”.
Education directors previously raised concerns about the lack of “a clear distinction” between religious observance and religious and moral education (RME) when considering whether pupils should have a greater say in whether to opt out.
However, the bill was amended at stage two, so that the parental right to withdraw their child only applies to religious observance; it no longer allows for the possibility of withdrawing from RME.
Pupils’ rights over religious observance
The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill was passed in a final stage-three vote in the Scottish Parliament. MSPs were in favour by 66 votes to 51, with seven abstentions.
The bill was introduced to clarify the legal position around the withdrawal of pupils from religious observance in schools. The new law is designed to give children a stronger voice in decisions around their participation in religious education and religious observance by reshaping how schools handle parent requests to withdraw pupils from religious activities.
The government said today that the changes will align legislation with existing guidance on religious observance to “strengthen alignment with the ”.
Education secretary Jenny Gilruth said: “This bill strengthens the protection and promotion of children’s rights in education, as well as those of their parents and carers. It builds on the wider progress we have made around the human rights of children and young people, while also ensuring parents continue to have a say on the religious elements of their child’s education.
“I recognise the wide range of views heard as the bill has proceeded through the parliamentary process. We will continue to adopt a collegiate and inclusive approach as these changes are implemented, including in the development of the new statutory guidance to accompany the legislation.”
Before last night’s vote, Scottish Labour education spokesperson Paul O’Kane said: “This chaotic and rushed bill process has left us with a muddled halfway house that pleases nobody.
“Faith schools are an important part of our education system and our social fabric, but the SNP government voted down my attempts to strengthen safeguards for these schools.”
He added: “I cannot back a piece of law that has been so badly thought through and is so riddled with questions and uncertainty.
“We cannot tear up the rules of our education system without thinking through the consequences and about maintaining the trust of parents.”
However, while the Greens abstained in the vote, Scottish Green MSP Maggie Chapman welcomed the government’s backing for an amendment she submitted to “take steps” towards introducing an independent right for children to withdraw from religious observance in school.
‘Only the first step’
Ms Chapman sees the bill as “only the first step in securing equitable rights for all children in Scotland to choose what religious activities they participate in”, and said that pupils must be able to “make their own choices and exercise their own rights independently of any adult”.
“The rights we create in law must be respected in practice,” she said. “That is why I believe so firmly that children and young people must have the right to withdraw from religious observance in schools.
“Nobody should be forced to take part in religious activities - praying, singing hymns, affirming a belief in a god - if they do not wish to. My amendments to this bill sought to ensure just that.”
Ms Chapman added: “We still have work to do to ensure that religious observance in our schools is delivered in a way that is appropriate for our multi-faith society.”
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