Private schools currently qualify for tax relief

Some backbenchers want to re-examine whether Scotland's fee-paying schools should qualify for tax breaks.

First Minister Jack McConnell promised to "strongly resist" any such move.

And Scottish National Party MSP Nicola Sturgeon said the argument should not be allowed to "derail or delay" such important legislation.

The party's justice spokesman said the SNP was opposed to independent schools being subsidised by the taxpayer.

Tax relief

"Private schools provide a very high standard of education and I think parents have an absolute right to choose to send their children there if they wish," she said.

"But I think the role of the taxpayer should be to fund high quality state education and not to subsidise the private decisions taken by individual parents."

However, she said it would require Westminster legislation to strip the schools of their tax relief.

"I do not want to see a very important piece of legislation on charities law derailed or delayed by an argument over private schools which the parliament could only tinker around the edges of," she told BBC Scotland.

Any attempt by backbenchers to use this bill as an opportunity for some kind of class action against independent schools will be strongly resisted Jack McConnell's spokesman

She was backed by Labour list MSP Marlyn Glen, who is also opposed to private schools having charitable status.

She said there should be a debate on that issue - but agreed that the charities bill was "too important to delay".

The legislation would bring in a new charities regulator to act as a watchdog.

That person would have the power to decide whether or not an organisation seeking charitable status has a "public benefit".

Some SNP, Scottish Socialist Party and Labour MSPs who believe independent schools should not have such status want to exploit that part of the bill.

It has been estimated that it would cost schools �5m if they lost the right to avoid paying business rates and VAT on their costs.

However, a spokesman for Mr McConnell said: "Any attempt by backbenchers to use this bill as an opportunity for some kind of class action against independent schools will be strongly resisted.

"Public concern about charities is with regard to their regulation and accountability rather than what is exactly a charity."

Scottish Tory Party leader David McLetchie argued that parents with children at private school were already paying twice - once through their taxes to fund state education and again through their fees.

"If you lost charitable status then the cost of education would go up for people who are already paying twice," he said.