SNP Government accused of undermining Parliament with 'unprecedented' attack on Education Bill

In a move that has not been used previously, the Government has introduced a financial memorandum to Tory MSP Liz Smith’s Outdoor Education Bill.

However, if the financial costing is not produced in the next fortnight, the legislation will fall on September 26.

The manoeuvre has caused outrage among politicians across parties, who claim the Scottish Government has pitted itself against the will of the Parliament.

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.”

One Parliament insider said: “There's very strong feeling that this is a matter of confidence, because it's unprecedented. It’s really a grotesque irony coming from the SNP, that they're even contemplating doing this.

“If they say that it's unaffordable, well, OK, we debate that at stage two and stage three, and we have a sensible, grown-up debate about that. But for them to block the whole Bill after it's been approved by Parliament is unprecedented.”

It was said by another MSP, who asked not to be named, that Education Secretary Jenny Gilruth had “hung [Children, Young People and The Promise minister] Natalie Don-Innes out to dry”.

“Where is she? She's the Cabinet secretary. She's in charge,” he added.

Ms Don-Innes was questioned about the move at a meeting of the Parliament’s education committee on Wednesday. The Government is using a standing order requirement that says there will be a financial memorandum attached to the Bill.

This additional step considers how much a Bill will cost and, without that motion, the legislation will fall on September 26. It is the first time since the founding of the Scottish Parliament that this clause has been used.

Tory MSP Miles Briggs described the move as “very disappointing” and told Ms Don-Innes that her evidence to committee would give the “impression the Government is just running the clock down”.

Ms Don-Innes told the committee work had been done to cost a non-legislative pilot scheme that would see schools ensure pupils have access to outdoor education on a voluntary basis.

She was questioned as to why this work, which found a non-legislative pilot would cost around £5 million to £6m, had been carried out, but a full financial picture not investigated.

Ms Don-Innes said: “I have continued to engage with [Ms Smith]. Given the significance around the decision and obviously the affordability issues that have been raised, I thought it was appropriate to come up with another form of approach that could be taken, should this remain, should considering the decision based on the financial resolution.

“I think actually a lot of the working around the pilot approach goes hand-in-hand with work to inform the approach to the members’ Bill.”

Some 65 MSPs voted for the Bill at stage one of its reading, meaning the proposed legislation is the will of the Parliament.

The Scottish Government bringing the financial memorandum, insiders say, represents the Government “picking a fight” with the Parliament.

Martin Whitfield, Labour MSP for the South Scotland region, said: “I’m extremely concerned that the Scottish Government is trying to use process to extinguish legitimate debate on a Bill. To do that has consequences that are far wider than the Bill that we're talking about.”