General Question Time – in the Scottish Parliament at on 6 March 2025.
To ask the Scottish Government what its response is to the reported view of the Children and Young People’s Commissioner Scotland that proposed changes to legislation on religious observance diverge from the recommendation by the United Nations Committee on the Rights of the Child to allow young people to independently opt out of religious observance at school. (S6O-04396)
As the First Minister noted in the chamber last week, we have consulted a wide range of stakeholders on changes to legislation on religious observance and religious and moral education in schools. The public consultation closed on 26 January. We recognise that there is a wide range of views on the topic, and ministers will continue to discuss those issues with Parliament and other interested parties. We will consider all responses to the consultation and publish a consultation analysis report in due course, as well as outlining next planned steps.
The 2022 census found that more than 60 per cent of school-age children in Scotland now identify as non-religious. In an increasingly secular and religiously diverse country, it is critically important that young people of all faiths and none have their beliefs and choices respected in school. Parents have always had the right to opt their children out of religious observance, and all state schools are legally required to provide that opt-out to parents; however, pupils have no equivalent right, no matter their age, maturity or personal beliefs. Can the cabinet secretary provide clarity on the timeframes for when we might get the information that she mentions in her answer? Is it her view that we should conform to the UN committee’s recommendations?
The legislative changes proposed in the consultation will strengthen the rights of children and young people in Scotland; I think that that is what the member is alluding to, and I am very supportive of it. The changes also build on our commitment under the United Nations Convention on the Rights of the Child. The existing guidance, which the member also alluded to, encourages schools to discuss with both parents and children the question of opting out of religious observance.
As the member will understand, the consultation analysis has not yet been published. However, I am more than happy to write to her about the timescales associated with the consultation in due course, when I have received that advice from my officials.
Can the cabinet secretary outline how the Scottish Government is ensuring that children’s rights are incorporated across our education system?
We are committed to upholding the rights of children and young people across Scotland and supporting public authorities to understand and fulfil their UNCRC duties, including in our education system.
In May 2022, we awarded UNICEF UK a three-year grant to support it in raising awareness of children’s rights across the majority of Scottish schools though its rights-respecting schools award. I was pleased yesterday to visit Glenrothes high school in my constituency to see the impact of that award, which the school has received at gold level, on the rights of children in that school in Fife.
If we believe in the principle of religious freedom, surely it is clear that any pupil who is mature enough to decide that they are not a believer should not be required to go through a pretence of religious observance. Can the cabinet secretary assure us that, in analysing the consultation responses, she will give due regard to the views of young people who want to make what is a perfectly reasonable choice for themselves?
Of course, I recognise the member’s views. It is important that we balance them accordingly, and I am also mindful of the range of different views on the topic. As I said in my response to Ms Mochan, I will give due consideration to those views once I have received the consultation analysis. I can then set out more detail on the associated timescales.
Question 4 was not lodged.