Seòmar agus comataidhean

I intend to press amendment 112 and move all the amendments in my name. Even when there is an offer to work on matters later, I always think that if those matters are in the bill at the end of stage 2, it is easier to secure concessions at stage 3. The cabinet secretary said several times that some of the things that I am seeking could be done through regulation; we also heard about the Scottish Government’s preferred approach. Time and again, it comes back to the John Mason principle: the current Government might not be here, and it might be better to have things in the bill, to ensure that they are done for certain. If there are drafting issues, there is always a chance to fix them; that is how the process works.

I have no relevant interests to declare.

Section 1—Public health protection measures

In the system that we have in Scotland, local authorities are the providers of education in their areas. Of course, the Government has a role in working with them and directing national policy, but I do not want to have a situation in which we deny children their education and close education establishments without first getting agreement on that. Placing a duty on ministers to seek consent is the right approach.

Perhaps amendment 120, as currently worded, is too strong. I am willing to listen to what the Government says and to try to strike a better balance that secures consensus. As the bill stands, the balance is wrong. The bill puts too much power in ministers’ hands and does not recognise the role that our local authorities play in the delivery of education.

I am interested to learn how the wording of the amendment would prevent ministers from taking action. The only duty that it places on them is to seek a report.

Yes, but if there is no report to have regard to, then you would have to have regard to it after the time.

I will speak briefly because this comes back to the point about balance, which we have already covered at length. I am interested to hear the Government’s response to my amendment. I do not think that there is a great deal more for me to say.

I move amendment 113.

These are further amendments that seek to put in place additional protections and address some of the shortcomings that we saw in the Government response during the pandemic. The principles behind them are fairly straightforward, but I accept that there may be questions relating to the way in which they are drafted or worded. Again, I am happy to work with the Government and/or anyone else to find a form of words that takes the principles forward, particularly around educational assessment and examinations, because I think that our young people want to see that lessons have been learned. There is a great deal of anger and concern in that regard, and I feel that some recognition that things must be fair in the future is important if these powers are to rest with ministers. In addition, there are often significant financial impacts on students as a result of the use of these powers, and, again, I think that young people would want to know that their interests would be protected.

Amendment 135 would create a right

“to repeat a school year”.

Many young people feel that they have missed out to the point that they have been significantly disadvantaged.

Amendment 144 would introduce a right to seek “an education catch-up plan”, which, again, would give young people the chance to catch up on lost learning.

That is probably enough of an explanation for now regarding the idea behind the amendments. I am interested to hear what the Government has to say.

I move amendment 127.

Certainly.

Yes.

I would be happy to bring back alternative wording at stage 3, but I hope to establish the principle that, if some regulations or individual parts of regulations are removed, those for education would be reconsidered. In the prioritisation that we used when we opened society back up, the order in which things were considered did not necessarily favour young people. They are difficult balances, but I do not think that regulations should be in place that close schools and place restrictions on young people while we are removing restrictions that were made for the same reasons. Those should have to be tested again. Do you agree?