MSPs voice concern ministers ‘running the clock down’ on outdoors education Bill

Ministers would show a “complete disregard” for Holyrood if they fail to bring forward a key financial document needed for a Bill to proceed that would give all school children the chance to go on a residential trip.

Conservative MSP Liz Smith has brought forward a member’s Bill at the Scottish Parliament which aims to ensure all youngsters can benefit from a five-day outdoors education trip.

But it could be scrapped if the Scottish Government fails to put forward a financial resolution, setting out the associated costs for the legislation, in just over two weeks’ time.

Concerns were raised at Holyrood’s Education Committee – which is scrutinising the proposals – on Wednesday that ministers are “running the clock down” on the Schools (Residential Outdoor Education) (Scotland) Bill.

Committee convener Douglas Ross said it would be the first time in the history of the Scottish Parliament that ministers had used this process to effectively “strike down” a piece of legislation.

Pointing out to children’s minister Natalie Don-Innes that MSPs have already backed the general principles of Ms Smith’s Bill, Mr Ross asked her: “Do you understand the gravity of the decision you would be taking not to lodge a financial resolution?

“It would be the first time in the history of devolution that the Government have sought to strike down a Bill using this procedure rather than listening to the will of Parliament, which overwhelmingly supported the Bill at stage one.”

The Bill passed that initial vote in March, with SNP MSPs at the time abstaining amid concerns from the Government that the legislation could be “unaffordable”.

The Education Committee has estimated it could cost up to about £40 million to make the change if the Bill is passed.

Ms Don-Innes said workforce implications and provision for children with additional support needs could push those costs higher.

“There are still a number of unknowns,” the minister told the committee on Wednesday.

She raised concerns that “there would be effectively a blank cheque in some of these areas”, saying this is a “real concern to the Government”.

She added this is why “deliberations continue around the financial resolution”.

The Government has until September 26 to bring forward the resolution, but Ms Don-Innes was clear it is Ms Smith who needs to do the work on these costings.

“It’s not Government’s responsibility to figure out the costs for this Bill,” the minister said. “This is a member’s Bill, the responsibility lies with the member.”

She said the process “helps Parliament to not walk into unknown costs” with legislation, adding: “The costs of provision that have been detailed are not the total costs of the Bill.

“There are a number of outstanding concerns relating to increasing costs.”

Labour education spokeswoman Pam Duncan-Glancy made clear she was “disappointed”.

Hitting out at the minister, she said: “The process is there not for the Government to block the will of Parliament, which has already decided the Bill should progress to stage two, but to set out its understanding of what the cost of the legislation would be, so that Parliament can make decisions.”

If the Scottish Government fails to provide a financial resolution – causing the Bill to fall – it would be a “dereliction of responsibility and a complete disregard for the will of this Parliament”, the Labour MSP added.

Conservative education spokesman Miles Briggs agreed the situation was “very disappointing”.

He added: “I think anyone watching would get the impression the Government is just running the clock down.”

Liberal Democrat MSP Willie Rennie said it would be an “outrage” if the Government fails to submit a financial resolution by the deadline.

Mr Rennie told the minister: “You are a minority Government, you don’t command a majority. It would be an outrage if you don’t put it forward.”

Responding to Ms Don-Innes’s comments that the Government is “neutral” on the proposed legislation, the Lib Dem added: “You don’t come across as somebody who is neutral on the Bill, you come forward as a critic of the Bill.”

Speaking after the committee meeting, Ms Smith said: “What the SNP Government machine is doing in a bid to halt my Bill is outrageous and unprecedented.

“This is a non-partisan Bill that will improve the life experience of children across Scotland – which is why it passed stage one of the parliamentary process with cross-party support.

“For SNP ministers to thwart the will of Parliament by essentially trying to time it out by any means possible is shameful – especially when their own 2021 manifesto included a commitment to provide outdoor education for pupils.

“MSPs from several parties, including the SNP, have voiced their disgust to me about the actions of ministers.

“This has made me more determined than ever to get this much-needed Bill into law before the election next May.”