Holyrood passes controversial Bill to weaken parental opt-out in schools

The Scottish Parliament has passed legislation which significantly diminishes the rights of parents to withdraw their children from religious content in schools.

Approved by 66 votes to 51, the new law allows children to override their parents’ decision to withdraw them from religious observance such as assemblies. Amendments were also agreed to permit children to independently request their own withdrawal if regulations are introduced in the future.

There will no longer be any right of withdrawal from Religious and Moral Education, which will now be a mandatory curriculum area where students are taught about religions and worldviews in a manner the Scottish Government describes as “objective, critical, and pluralistic”.

‘State interference’

The measures were proposed in order to meet criteria set by the United Nations Convention on the Rights of the Child (UNCRC). However, critics have warned that the move undermines the family unit and misinterprets these non-binding human rights standards.

The Christian Institute’s Head of Education John Denning raised concerns that the legislation introduces a fundamental shift in the balance of power between families and the State regarding school worship and education.

Mr Denning said: “For the vast majority of children, the best action the State can take is to empower parents to fulfil their unique role. Pitting children’s and parents’ rights against one another is a gross mischaracterisation of the UNCRC and creates a pretext for undue and ill-informed interference by the State.

“This approach not only undermines parents but forces teachers into the difficult position of taking sides with a child against their parents, damaging a relationship of trust that is crucial for the education of the child.”

But Mr Denning highlighted an “important opportunity” to influence the implementation of the law, as Government ministers will be required to issue statutory guidance involving consultation with denominational schools, local authorities and organisations representing teachers, parents and pupils.

Church of Scotland

During the Bill’s progression, the Church of Scotland warned that the Scottish Government’s proposals on the issue could “exacerbate” family tensions and lead to unnecessary conflict.

Revd Stephen Miller, co-ordinator of the denomination’s education and schools group, told the Scottish Parliament’s Human Rights, Equalities and Civil Justice Committee that the Bill does not “seem sensible or desirable in obtaining a harmonious solution”.