As the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill goes through the committee stage at the Scottish Parliament, we have been asked to provide a response to the Equalities, Human Rights and Civil Justice committee on the proposed changes. This highlights views expressed by members at the end of 2024 in our consultation on the issue and reflects the meeting we had with Scottish Government officials on 19th December 2024.
Introduction
This submission is made by STARME (Scottish Teachers of Religious, Moral and Philosophical Studies Association) in response to the Equalities, Human Rights and Civil Justice Committee’s
call for evidence on the Children (Withdrawal from Religious Education and Amendment of
UNCRC Compatibility Duty) (Scotland) Bill.
Our comments are based on the collective professional views of our over 300 members who
teach Religious and Moral Education (RME) and Religious, Moral and Philosophical Studies
(RMPS) across Scotland. The following points summarise our key concerns and
recommendations, which were previously discussed with Scottish Government officials in
December 2024 during the consultation process on the proposed amendments to legislation on
Religious Observance and Religious Education in schools.
Please note: As teachers of the curricular area of RME/RMPS, our remit does not cover
Religious Observance (RO) and Religious Education in Roman Catholic (RERC) schools is more
effectively represented by SCES. Therefore, we have deliberately made no comment on the
proposals regarding a right to withdraw from RO or RERC. Our focus is exclusively on the right to
withdraw from RME in non-denominational settings.
Core Recommendation: Remove the Right to Withdraw from RME
The fundamental position of STARME is that the right to withdraw a pupil from Religious and
Moral Education (RME) in non-denominational schools should be removed from legislation. This
is the only effective way to address the current negative implications for pupils’ access to a full
curriculum.
We appreciate that Part 1 of the Bill seeks to ensure a pupil’s views are considered when a
parent requests withdrawal, making the pupil’s wish to remain in RME determinative over the
parent’s wish to withdraw. However, this provision addresses only one side of the issue and
retains an outdated legislative link.
RME is a Core Curricular Subject: RME is one of the eight curricular areas within
Curriculum for Excellence and is essential for developing cultural intelligence and
allowing pupils to develop their own values and viewpoints.
The Subject is Non-Confessional: The legislative link between RME and RO comes
from a time when RME was confessional in nature and more akin to “Religious
Instruction”. Today, RME is an academically rigorous subject in non-denominational
schools. It covers all major world religions and groups independent of religion, including
Humanism, Atheism, and philosophical viewpoints, as well as engaging with relevant
moral debates and philosophical questions.
It Prevents Full Curriculum Access: The continued existence of the right to withdraw is
considered outdated and unacceptable as it results in pupils being denied access to the
full curriculum.
Risk of Subject Erosion: Continuing or extending the right to withdraw could result in an
erosion of the subject further.
We note the guidance given when Wales reviewed its curriculum, which retained the right to
withdraw from RO but not from RE, as continuing the withdrawal right was preventing pupils
from accessing the full curriculum. We urge the Committee to consider a similar approach for
RME in non-denominational schools in Scotland.
Practical and Staffing Implications
If the right to withdraw from RME is not removed, any increase in the number of withdrawn
pupils—whether due to parental request or a child’s exercise of their right to object to remaining
in the class—will create significant, unsustainable burdens on schools and staff.
Staffing Burden: School staffing would not allow for increased numbers of pupils being
supervised elsewhere in the school and not taught.
Workload: The added workload of providing meaningful work not related to RME to
pupils who are withdrawn is not sustainable for teachers.
Conclusion
While Part 1 of the Bill is a positive step towards UNCRC Article 12 compliance by requiring that
a pupil’s views are considered, it fails to address the underlying problem: that a withdrawal right
exists for a non-confessional, compulsory, and academically rigorous subject that is vital to the
modern Scottish curriculum.
In a non-denominational setting, there are no positive implications for extending or continuing
the right to withdraw from RME. We urge the Committee, during its Stage 1 scrutiny, to consider
amending the Bill to remove the right of withdrawal from Religious and Moral Education in all
non-denominational schools, thereby ensuring that all Scottish pupils have access to the full,
broad curriculum.
Post-script on Committee Engagement
As of the date of this written submission, we note with concern that the Equalities, Human
Rights and Civil Justice Committee has not yet received an oral evidence session with any
body representing the professional views of Religious and Moral Education (RME) teachers.
Given the Bill’s direct and profound implications for the delivery and curricular integrity of RME
in non-denominational schools, we urge the Committee to ensure that the unique and vital
perspective of the RME teaching profession is heard as part of its Stage 1 scrutiny before
concluding its evidence gathering.
You can read more about the Bill here – https://www.parliament.scot/bills-and-laws/bills/s6/children-withdrawal-from-religious-education-and-amendment-of-uncrc-compatibility-duty-scotland-bill
We would be interested to hear from members and partners their views on this bill. Please email hello@starme.co.uk
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