Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

Tystiolaeth i’r Pwyllgor Plant, Pobl Ifanc ac Addysg ar gyfer craffu Cyfnod 1 Bil Plant (Diddymu Amddiffyniad Cosb Resymol) (Cymru)

Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

CADRP-93

CADRP-93

 

About you

Individual

1      The Bill’s general principles

1.1     Do you support the principles of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill?

— No

1.2     Please outline your reasons for your answer to question 1.1

(we would be grateful if you could keep your answer to around 1000 words)

The evidence from Sweden suggests that the long-term effect of this kind of legislation is an increase in violent behaviour by violent children.

In other words, violent children can be deterred from committing violent behaviour against other children when they know that they themselves may face a (painful) punishment that they won’t like.

I would prefer to see violent children being smacked (appropriately) than see innocent children assaulted by violent children whose behaviour cannot be checked.

 

1.3     Do you think there is a need for legislation to deliver what this Bill is trying to achieve?

(we would be grateful if you could keep your answer to around 1000 words)

In my view there is no need for this proposed legislation.

The law as it stands is perfectly adequate: that any punishment must be “reasonable “. Where punishment is not “reasonable” then it already comes under the remit of the law.

2      The Bill’s implementation

2.1     Do you have any comments about any potential barriers to  implementing the Bill? If no, go to question 3.1

(we would be grateful if you could keep your answer to around 1000 words)

-

2.2     Do you think the Bill takes account of these potential barriers?

(we would be grateful if you could keep your answer to around 1000 words)

-

3      Unintended consequences

3.1     Do you think there are there any unintended consequences arising from the Bill? If no, go to question 4.1

(we would be grateful if you could keep your answer to around 1000 words)

It seems obvious to me that this Bill would waste a lot of time for police, social workers and the courts investigating and prosecuting perfectly innocent parents.

It would also criminalise parents - and fracture family relationships for children who actually need the support (and discipline) of their parents. All in all, it has the potential to be a very damaging and divisive piece of legislation.

4      Financial implications

4.1     Do you have any comments on the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum)? If no, go to question 5.1

(we would be grateful if you could keep your answer to around 1000 words)

Again, there would be cost implications for Social Services, the police, and the courts.

5      Other considerations

5.1     Do you have any other points you wish to raise about this Bill?

(we would be grateful if you could keep your answer to around 1000 words)

As I understand it, there is no majority support in Wales for this Bill. If it becomes law then it is actually going against the will of the people.