Jenny Gilruth
Scottish National Party · Scotland
“I thank Pam Gosal for bringing this debate to Parliament and for sponsoring the recent round-table discussion on the topic, which I was pleased to attend, along with colleagues from across the Parliament. There is now a growing consensus on the issue.”
“Back in 2024, the Government published updated national guidance in which I was clear that any headteacher would have my full backing as Cabinet Secretary for Education and Skills should they see fit to implement a ban, but that decision was ultimately left to headteachers’ discretion.”
“As a result of Parliament’s close scrutiny, I believe that we have produced a stronger bill that is consistent with the initial intentions behind it.”
“I thank Daniel Johnson for his commitment in bringing forward the legislation on restraint and seclusion that is before us today. I applaud his approach to working with the Government and I encourage more such good behaviour in the coming parliamentary session.”
“The Education, Children and Young People Committee’s stage 1 report and members’ speeches in the stage 1 debate highlighted clear support for the bill’s general principles.”
“That principle, which underpinned the national guidance that was issued in 2024, remains central today. The Scottish Government’s original intention was to conclude the review of our 2024 guidance before determining whether legislation was required.”
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“There is a real risk that, without urgent action and intervention, what should be a proud new suburb of Glasgow will quickly falter and fail, so can the cabinet secretary confirm that she will meet stakeholders and Scottish Government officials to look at the modelling that Glasgow City Council is using, to address the issue before behavioural effects take root and people leave the area altogether? Jenny Gilruth: It seems that there is an issue that is localised to Robroyston. I can ask officials to engage with Glasgow City Council. I place on record that the statutory responsibility rests with the local authority and that ministers are extremely limited in the actions that we can take to intervene, because the power to take action to address the issues that Mr Sweeney has raised rests with the local authority.”
“I recently carried out a local survey that heard from 167 respondents, 74 per cent of whom said that they had experienced issues with placing their child in a nursery, primary or secondary school while living in Robroyston. The survey asked how likely it was, on a scale of least likely to most likely, that respondents would stay in Robroyston if current circumstances remained the same. Shockingly, 73 respondents said that they were least likely to stay in Robroyston if things did not change.”
“The Scottish Government recognises the strength of community concern about the provision of school places and the safety of walking routes in Robroyston. Responsibility for managing the school estate and for assessing the safety of walking routes rests with Glasgow City Council. Scottish Government officials continue to engage with the council, which has advised that schools in the area currently have adequate capacity. The Scottish Government updated the school transport guidance last December, strengthening the advice for councils on their responsibilities regarding pupil safety and the assessment of walking routes to schools. Paul Sweeney: There is real concern that the methodology and modelling being used in community growth areas such as Robroyston does not accurately reflect real need. The situation has been going on for years.”
“The latest school estate statistics, which were published in September last year, show that a record 92 per cent of Scotland’s schools are now in a good or satisfactory condition, which is up from 62.7 per cent in 2007. We will continue working with the Convention of Scottish Local Authorities and with local authorities, including North Lanarkshire Council, and with the Scottish Futures Trust, to explore how we can deliver further improvements to Scotland’s school estate. The Deputy Presiding Officer: Paul Sweeney is joining us remotely. School Provision and Safe Travel Routes (Robroyston) 5.”
“Clearly, it is for the council to take forward that programme, but can the cabinet secretary confirm that it will have the opportunity to draw down support from the Scottish Government? Jenny Gilruth: I very much agree with what Jamie Hepburn said about the difference that this Government’s investment has made in his constituency at Cumbernauld academy and Greenfaulds high school, and about the importance of having high-quality, well-ventilated learning environments across North Lanarkshire and Scotland. Through the £2 billion learning estate investment programme, 18 new school projects have already opened nationwide, benefiting around 15,000 pupils.”
“Through the Scotland’s schools for the future programme, we awarded North Lanarkshire Council significant funding of £42 million towards the Cumbernauld academy and Greenfaulds high school projects in the Cumbernauld and Kilsyth constituency. In North Lanarkshire more widely, through the learning estate and investment programme, we will provide the council with substantial funding of £9.9 million to support the extension of Chryston high school. Jamie Hepburn: The significant investment that the Scottish Government made in Cumbernauld academy and Greenfaulds high school has transformed the learning environment for pupils there. North Lanarkshire Council has plans and ambitions to replace all schools that were built before 1996.”
“The Government’s budget, which Mr Whittle was not able to vote for, provides extra funding for more apprenticeships and for Scotland’s colleges, which has been welcomed by the sector. I am sorely concerned that Mr Whittle was not able to vote for that budget, and I hope that he will reflect on that and on the positivity that that extra investment in communities such as his has brought to apprenticeship week. First Minister’s Question Time 12:01 Social Security Scotland Investigations 1.”
“Brian Whittle: First, I take a moment to welcome Scottish apprenticeship week and the vital opportunities that it creates. Scotland is missing out on 5,000 high-quality nuclear jobs because the Government refuses to back new projects or include nuclear in its energy skills passport. Furthermore, funding gaps are forcing colleges to turn away qualified students, including 71 qualified social care applicants and 400 engineer apprentices at Ayrshire College alone. Does the Government accept that its policy choices are actively disadvantaging our school leavers by restricting their opportunities? Jenny Gilruth: I thank Mr Whittle for his warm welcome for Scottish apprenticeship week. I am sure that he was out visiting a local business in his area, as I was in my area, and supporting the important work of apprentices in our communities.”
“Last week’s data publication showed that the percentage of school leavers in a positive destination three months after the end of the school year was 95.7 per cent, which is the second-highest figure on record. Our most recent Scottish Qualifications Authority exam results show that the pass rates for national 5s and highers are up when compared with the results in 2024 and in 2019, before the pandemic. Compared with last year, the attainment gap has narrowed for national 5, higher and advanced higher qualifications, and the 2024-25 achievement of curriculum for excellence levels, published in December, demonstrate that record levels of literacy and numeracy are being achieved in Scotland’s primary schools. That welcome progress demonstrates that the Government’s approach to education is delivering results for Scotland’s young people.”
“I also want to thank them for their positive behaviour in relation to teacher numbers, because, in the past year alone, teacher numbers have increased for the first time since 2022, thanks to extra investment from last year’s budget flowing to our councils. That investment is helping to support a record low pupil teacher ratio and smaller class sizes in our primary schools.”
“The intensive support provision in Kinross high school is an excellent example of how tailored supports can be provided to school staff appropriately. There is, for example, classroom- level additional support needs provision, a principal teacher for inclusion and a bespoke intensive support provision unit for pupils with the greatest need. Importantly, all that work is happening in a mainstream setting, and it is being enhanced and supported because of extra funding that was provided by last year’s Scottish Government budget. I put on record my praise again today for the Green Party and the Liberal Democrats for their support of last year’s budget, which has made that investment possible.”
“Finally, I am grateful to Willie Rennie for the final few words in today’s motion, which state: “Scottish education deserves better.” I think that we can all agree on that, because, across the political divide, we should all be thinking radically about the ways in which we intend to drive the improvements that I accept are required urgently in our schools, and we should be commending the progress that is being made right now in our classrooms. Last Friday, I was pleased to visit Kinross high school to see for myself the difference that extra funding for additional support needs has made in that school. I was grateful to Jude for teaching me more about the unicorns and the history of Scotland, although I am not sure that I will be picking up boccia professionally any time soon.”
“Does she deny everything that has happened in the past on the poverty- related attainment gap? The Deputy Presiding Officer: I can give you the time back, cabinet secretary. Jenny Gilruth: I will come to the points that Mr Rennie has addressed in his motion, but I have more praise for him first, which it is important for him to hear. I am also grateful to Willie Rennie for his collegiate contributions to the cross-party review of additional support needs, particularly his suggestion that the Government convene a national event with practitioners to learn from and to share examples of what is working well in our schools. That event will be held next Thursday, when we will publish the cross-party review into additional support needs.”
“I again wish to put on the record my sincere thanks to Willie Rennie and his party, in the first instance, for voting to back this Government’s budget, which was passed only last Thursday. That budget is helping to provide an extra £3 million of funding in 2026-27 to further expand eligibility for free school meals, funding of up to £200 million to continue the Scottish Government’s commitment to closing the poverty- related attainment gap, and continued investment of more than £57 million to support children and families with additional support needs. Willie Rennie: We will do everything that we possibly can to get this Government on the right track, which is why we voted for the budget. Does the education secretary not recognise anything in my motion?”
“I hope that members will hold those vulnerable young people—those most on the margins—in their thoughts this afternoon and will think critically about how the Parliament will serve them better in the next session. I am grateful to the Liberal Democrats for selecting education in this last Opposition debate. It will not come as a surprise to Willie Rennie, however, that I am a bit disappointed in the tone that has been adopted, because I simply do not recognise the education system that he has attempted to portray here today. However, as members will know, this Government is an advocate of supporting positive behaviour in our schools, so I will attempt to apply the same approach in the chamber this afternoon.”
“In what is all but guaranteed to be the last education debate in this session of Parliament, I begin by paying tribute to Scotland’s children and young people. This is the generation who experienced their education in the teeth of a global pandemic. The upset caused by Covid and associated lockdowns has impacted on schooling and education globally. Changed behaviour, lower attendance rates and growing additional support needs are not factors unique to Scotland. Indeed, the United Nations Educational, Scientific and Cultural Organization estimates that more than 1.6 billion students have been impacted by the pandemic, with the most vulnerable learners being hit hardest.”
“It is imperative that all organisations with responsibilities for safeguarding use their powers to ensure that our children are protected. We know that that has not always been the case in the past and that, as a result, children and young people have been let down and lives have been ruined. The announcement of an independent public inquiry will not cure all that has come before, but it is a statement of intent from the Government that we will leave no stone unturned in the pursuit of justice for survivors of child sexual abuse. Indeed, those brave survivors should expect nothing less. The Deputy Presiding Officer: The cabinet secretary will now take questions on the issues that were raised in her statement. I intend to allow about 20 minutes for questions, after which we will move on to the next item of business.”
“The work of the national review and Police Scotland’s on-going review of cases of group-based abuse will ensure that any improvements that must be made to practice or action to bring perpetrators to justice are made as quickly as possible. The truth project will ensure that the voice of survivors is central to our collective efforts, so that every action is informed by their experiences and brings about the changes that they have told me must be made. John O’Brien’s involvement and his particular expertise and experience of delivering a successful project to support the one that we will establish in Scotland will be essential. The statutory inquiry that will be chaired by Professor Alexis Jay will contribute to an even more comprehensive response.”
“Importantly, we will provide access to support. The national child sexual abuse and exploitation strategic group will also consider how it can engage survivors in its work. Given the scale and costs to the public purse of public inquiries, the Government has not taken this step lightly. Nonetheless, I consider the establishment of a public inquiry to now be essential. Although it will be for the chair to consider such matters, I know from our discussions thus far that Professor Jay wants the inquiry to be carried out at pace. The Government is determined to act decisively to protect children from the horrendous harm of child sexual abuse and exploitation.”
“In December, survivor engagement was a key theme in my update to the Parliament. Getting that right is imperative. Therefore, I am pleased to confirm to the Parliament that John O’Brien, who led the truth project in England and Wales, has agreed to lead the development and delivery of a truth project in Scotland. To support our work, John O’Brien will bring a wealth of experience and expertise in delivering a successful project that has already supported thousands of survivors in England and Wales. Last week, I met Mr O’Brien to better understand the approach that he built to support the independent inquiry on child sexual abuse in England and Wales. Our approach in Scotland will seek to mirror that work. We will ensure that we hear from survivors and allow them the opportunity to share their experiences, which will inform policy change.”
“For many survivors, distrust is rooted in lived experience of past failures to protect children from organisations, address allegations or take concerns seriously. There is a perception that institutions act defensively in order to protect organisational reputations rather than prioritise truth seeking or accountability. That has been a consistent theme in my discussions with survivors. All too often, when victims spoke up, institutions already knew, and institutions that had the powers to act—and importantly, the powers to help—did not act to prevent abuse from occurring. Therefore, the inquiry will have the fullest investigatory powers that it requires. Along with the appointment of Professor Alexis Jay as chair, I hope that that provides survivors and the public with confidence in the process and its necessary independence.”
“I have confirmed that the new inquiry will not duplicate the on-going valuable work of the Scottish child abuse inquiry in this area. Taking the decision to establish an inquiry now enables us to make progress in parallel with the on-going national review and the Police Scotland review of cases. Establishing the inquiry will also provide additional assurance to survivors that there will be independent scrutiny of the national review’s findings. Although I, Professor Jay and the inspectorates have confidence in the robustness of those processes, which are very much operationally independent, that additional layer of independence will provide survivors with further assurance and confidence.”
“The new inquiry will focus on the potential prevalence of group‑based abuse now and in the more recent past, whether it has been brought forward by survivors or in relation to the findings from the national review or Police Scotland’s review of case files. The Scottish child abuse inquiry will remain critical. As I have previously made clear to the Parliament, the existing inquiry has taken, and continues to take, evidence in relation to group- based harm and sexual exploitation of children in care, wherever the abuse took place. In due course, it will also make recommendations about our system of protection for children in care, based on all the evidence that it has heard. This morning, alongside the Deputy First Minister, I met Lady Smith to inform her of the decision to announce the new inquiry.”
“While the inquiry’s terms of reference are being developed, Professor Jay will remain chair of the national child sexual abuse and exploitation strategic group, and those arrangements will be reviewed. However, I am of the view that the announcement of an independent public inquiry is critical to maintaining public confidence in the work that I announced in December and to encouraging openness and participation from victims and survivors. This inquiry will be distinct from the Scottish child abuse inquiry: it will focus specifically on group-based child abuse and exploitation, whereas the Scottish child abuse inquiry, despite looking at those issues, has a far broader remit.”
“She will have the authority to identify and take forward any additional or accelerated areas of work as she considers necessary within the scope of finalised terms of reference, which will now be developed with her input. She will draw on her experience of leading the independent inquiry in Rotherham and the independent inquiry into child sexual abuse in England and Wales, as well as her vast experience in other areas of child protection, which includes over 30 years of professional experience in social work. In order to maintain the strict independence of this work and the inquiry, Professor Jay will immediately cease her role providing advice to the national review.”
“Accordingly, I have considered the issue carefully, looked at the available evidence—which continues to evolve— and, importantly, listened to the voices of survivors and experts. To that end, I can confirm to the Parliament today that I intend to establish a statutory public inquiry, under the Inquiries Act 2005. The inquiry will consider directly Scotland’s response to group‑based child sexual abuse and exploitation. I have asked Professor Alexis Jay to lead the inquiry, and I am pleased to confirm that she has agreed to do so. Professor Jay has unrivalled experience of chairing both statutory and non-statutory inquiries that relate to child sexual abuse and exploitation.”
“However, as I made clear in December, there is limited evidence at the current time on the nature and extent of group-based child sexual abuse in Scotland. It is therefore imperative that that evidence base is established at pace to clarify next steps and to lessen prolonged suffering for the victims of these crimes. I know that members and survivors of child sexual abuse want to see accountability and improvements as quickly as possible, and that sense of urgency is shared by Government. In December, I made it clear that the Government would keep the decision on whether to establish an inquiry into group-based child sexual abuse under review. I committed to return to the Parliament in February with a more substantive update.”
“The work of the national review is imperative in providing assurance that improvements will be made at the local level. It will also be instructive, given the challenges of reporting and recording of child sexual abuse at the local level. I reiterate that, if any harm or risk to a young person is identified at any point during the national review, that will immediately be escalated through the appropriate channels, including to Police Scotland, as required. I remind Parliament that our local authorities already have statutory responsibilities to identify, report and take action to protect any child who is at risk of harm. As a society, we all have a responsibility to protect our children.”
“I strongly welcome Lady Smith’s work in phase 10, and the confirmation that the inquiry will be able to hear and act on evidence relating to grooming and group-based child sexual abuse where that falls within the inquiry’s terms of reference. That work remains vitally important, and I commend the inquiry for its approach. I welcome the updates that were provided to the Education, Children and Young People Committee this morning on the completion of the first phase of Police Scotland’s review work and the on-going delivery of the national review. Some commentary has suggested that the findings of the national review will be available only once the review is fully complete. I want to be clear with Parliament and survivors today that that is not the case. Phase 1 of the national review will report to ministers by this summer.”
“Safeguarding Scotland’s children from harm is one of the Scottish Government’s utmost responsibilities. Since my previous parliamentary statement in December, I have spent further time engaging directly with survivors of child sexual abuse. Their testimonies are shocking in the extreme. They tell the story of a system that far too often does not believe young people. Those stories, each of which is unique, are bound by a common thread of power being used to abuse, coerce and control. Survivors have rightly called for meaningful change. They want decisive action to uncover, disrupt and, ultimately, prevent these horrendous crimes from ever happening in the first instance. The Scottish child abuse inquiry has taken extensive evidence and has published a number of reports on the abhorrent historical abuse of children.”
“The Deputy Presiding Officer: Question 7 was not lodged. Budget 2026-27 (College Sector) 8.”
“I was very grateful to the group’s members for sharing time with Ms Constance and me to talk about their experiences to ensure that the national review listens to their voices and that we get this right for them. That is imperative. Ms Webber raises a substantive point in relation to historical cross-border cases, and some of the issues that she has alluded to relate to historical cases, too. She will be aware of the work of the child abuse inquiry, which is looking at some of the historical cases in the round. If Ms Webber will allow me, I would like to write to her in more detail about the role of the inspectorate. Finally, it might give the member some comfort to know that I will be meeting Alexis Jay later this evening. Following that meeting, I would like to write to Ms Webber in more detail on those points.”
“According to their testimonies, victims say that they were brought over the border from England to Edinburgh to be exploited and raped. Will you confirm that the national review will explicitly cover historical cross-border grooming networks, including cases in Edinburgh involving offenders operating from England? The Deputy Presiding Officer: Always speak through the chair. Jenny Gilruth: I thank the member for her question. She is absolutely correct to put on record the importance of listening to survivors’ voices. That is why, yesterday evening, the Cabinet Secretary for Justice and Home Affairs and I joined a meeting of the cross-party group on adult survivors of childhood sexual abuse.”
“It will not take 18 months. The first phase of assessment is already under way, with local authorities having 12 weeks to respond. The inspectorates have committed to reporting to ministers by the summer of this year once they have assessed the findings. The findings will be scrutinised by the national child sexual abuse and exploitation strategic group, which is chaired by Professor Alexis Jay. Professor Jay has provided advice throughout the development of the national review and will advise ministers on the progress being made. I will be providing a fuller, more substantial update to Parliament in my statement on these issues next week. Sue Webber: I am sure that the survivors, along with me, will be delighted to know that they will not have to wait 18 months for the review.”
“More than 1,000 teachers have completed the programme so far, and 24 anti-racist mentors now support schools across the country, including in rural areas such as Highland and Orkney. The Deputy Presiding Officer: There are a couple of supplementary questions, which will need to be brief.”
“That is why the forthcoming whole-school approach guidance, which I mentioned in my previous response, will offer a further response to our councils and schools on the handling of racist incidents. That guidance has been developed with the racism and racist incidents sub-groups, the work of which is being taken forward as part of the national action plan on relationships and behaviour. Education Scotland’s building racial literacy programme is open to teachers across the country and, as I understand it, it has been a worthwhile initiative that has helped support teachers in our schools. The programme provides access to online learning, which allows teachers from all local authorities to take part.”
“In addition, the rise in anti-immigration rhetoric from some political parties might be emboldening parental attitudes that, in turn, influence young people and shape behaviour within school communities. Can the cabinet secretary outline how the Scottish Government is supporting both urban and rural secondary schools to embed effective anti-racism practice and to ensure that staff are equipped to respond swiftly and protect pupils who might be at risk? Jenny Gilruth: I am very shocked to hear that pupils have been encouraged to move schools, in some instances, because they have been on the receiving end of persistent racist bullying. That should not be happening in our schools, and I reiterate that there is no place for that type of hatred in them. Where that type of behaviour does occur, it needs to be robustly addressed.”
“There is no place for racism in our schools and we are committed to addressing it across all education settings. The anti-racism in education programme strengthens professional learning to build racial literacy, and interim guidance on responding to racism was published last June. A new whole-school approach will be issued shortly, offering guidance on responding to and supporting pupils, staff and families who have experienced racism. This work is supported by anti-racism curriculum principles and calls to action developed with children and young people, alongside resources to embed anti-racism in classroom practice. Emma Harper: I have heard reports of pupils moving schools due to persistent racist bullying. That can be especially difficult for families in rural areas, where alternatives are limited.”
“Qualifications Scotland should of course ensure that learners across all Scotland, including those in rural and island communities, have the same assessment experiences, supported by deploying visiting assessors for all assessment centres in Scotland. Apprenticeships (Care-experienced Young People) 3.”
“That includes reviewing and updating the content for its designing inclusive assessment academy course for staff and appointees who develop qualifications and assessments. Qualifications Scotland also engages directly with organisations that represent neurodivergent learners via its equality and inclusion group. The organisation and the Government are very aware of the needs of disabled and neurodivergent learners and any barriers to accessing current qualifications that they may face, and, to Emma Roddick’s point, they are keen to address those needs through improvements to accessibility and inclusion as part of qualifications reform more broadly.”
“Emma Roddick: We know that many neurodivergent learners struggle with neurotypical processes and structures in school settings, and that can be further compounded by rurality. Equally, I know from young rural voices that they face multiple barriers such as being young carers, being disabled themselves or suffering from mental health issues. Many of those characteristics can cause the others, so how will we take an intersectional approach that recognises the multiple barriers that some learners face? Jenny Gilruth: I thank the member for her question and the issues that she raises. Qualifications Scotland is at arm’s length from ministers, but I should say that it already undertakes a range of activity that is designed to support the needs of disabled and neurodivergent learners.”
“I am pleased that Qualifications Scotland opened the application process for its new learner interests committee on 2 February this year. It will ensure that a range of perspectives are represented on the committee, including from learners across Scotland’s regions and people with additional support needs or a disability. It is also important to be clear that the Education (Scotland) Act 2025 places a statutory responsibility on Qualifications Scotland to encourage equal opportunities when appointing members of the committee. That sits alongside specifically requiring them to consider the appointment of individuals who are care experienced, who come from socioeconomically disadvantaged backgrounds and who have additional support needs in education.”
“For the Government to introduce a national ban, we would have to legislate, and I will not be able to do that in advance of the election or give confirmation at the current time. I hear the issues that the member has put on the record today, and I am sympathetic to the general points that he has made.”
“I accept the member’s substantive point in relation to the harmful impacts of mobile phones in our schools and the disruptive impact that they can have on behaviour. The BISS research brought some of those issues to the fore. There are broader issues in this space in relation to the regulation of the internet and social media in particular, which is what the member’s first question was about. On Monday, I will be in London, meeting United Kingdom Government ministers at the interministerial group on child sexual abuse, which I expect to talk about those issues in more detail. More broadly, the member is aware of the Government’s position on mobile phone bans in schools. At the current time, we do not have a nationwide ban; the guidance says that that power rests with headteachers.”
“Teachers across Scotland are telling us that concentration is falling, behaviour is deteriorating and disruption is rising. Given the Government’s acknowledgement that violent disruption in classrooms is increasing, does the cabinet secretary accept that unregulated mobile phone use during the school day is contributing to the problem? If she does—I think that she might—will she move beyond guidance and commit to a clear nationwide ban on mobile phones in Scottish schools? Jenny Gilruth: Mr Kerr and I have discussed these issues at length. I should pay tribute to his colleague Pam Gosal, who led a round table on the matter last week, which I attended, and where we discussed the issue in more detail.”
“We recognise concerns about the impact of social media use on children’s behaviour and wellbeing. The behaviour in Scottish schools research highlighted that behaviour is influenced by a range of complex factors, including the impacts of the pandemic, poverty, family circumstances and wider societal influences. That is why our focus is on preventing the development and escalation of unhelpful behaviour, particularly through encouraging positive relationships in schools. I also welcome the fact that a number of local authorities and schools either have banned mobile phones or are exploring doing so. Stephen Kerr: Children now spend, on average, around three hours a day online, and 70 per cent of them are being exposed to real-world violence during that time.”
“The bill is a mark of progress in improving the rights of children and young people in Scotland, but it is not an end point. The Government’s approach has involved working with members on as broad a basis as possible, and I thank members, the Equalities, Human Rights and Civil Justice Committee and stakeholders for their thoughtful contributions throughout the bill’s development. Together, I believe that we have improved the bill. In that spirit, I hope that members will vote at decision time to support greater rights for Scotland’s children. I move, That the Parliament agrees that the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill be passed. 19:09”
“The Government cannot predict every future case or scenario, but we can ensure that we have a clear and robust legal framework that is capable of responding to our collective understanding of children’s rights, which the Parliament has previously recognised. That understanding will continue to evolve, particularly as new cases come before the courts. Through the bill and the wider framework of the UNCRC act, we are seeking to provide a clear and joined-up approach. I pay tribute to the Children and Young People’s Commissioner, the Scottish Human Rights Commission and Together for their constructive engagement on those pertinent issues. The bill offers the Parliament a real opportunity to strengthen children’s rights in Scotland—in our schools, in our legislation and in how the Government is held to account.”
“Our approach, which reflects a similar and long- standing provision in the Human Rights Act 1998, recognises that, if the exemption applies, it is not the public authority but the legislation that is at fault. We recognise that, in some cases, the legislation might need to be changed and that such changes should be the responsibility of the Government and the Parliament, not of individual public bodies. That approach has been welcomed by children’s rights stakeholders and by children and young people. For example, Together has described the exemption as a way of addressing systemic children’s rights issues at a primary legislation level. The children and young people it consulted said that they would rather see the root causes of rights violations being addressed, which is exactly what the exemption is designed to do.”
“As such, we supported the provisions in amendment 23, which listed denominational schools as a mandatory consultee prior to the issuing of the guidance. On part 2 of the bill, I want to be clear about why the section 6B exemption is necessary. The exemption will apply only in very narrow circumstances when a public authority cannot read provisions in an act of the Scottish Parliament in a way that is compatible with the UNCRC requirements. Subsequently, the public authority might be required to act in a way that is incompatible with the requirements of the UNCRC act. In that situation, public authorities need clarity on their duties to deliver services, which is why the exemption is necessary.”