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-163

CADRP-163

 

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)

There is sound evidence from Sweden collected before and after the ban on smacking that shows that child on child violence has exponentially increased since the ban on smacking. (1791% from 1984 to 2010. Clearly smacking does not promote violence in children.

Furthermore most adults were smacked when they were children and do not consider that their parents were in any way abusive.

 

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)

No, the current law already protects children from violence and defines properly what is reasonable physical discipline (ie a smack must not leave any permanent mark). It does not prevent conviction in cases of genuine abuse or where parents have 'overstepped' the line as evidence by the successful prosecution last year of a step-father from Torbay under the current law when he smacked his daughter too hard.

No, the public are not in favour of changing the law. The results of the 2018 Government consultation indicated that 76% of the public who responded did NOT think parental smacking should be a criminal offence.

In addition, the government commissioned report (published by Wales Centre for Public Policy) found that there is no evidence that smacking causes harm to children.

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)

I think implanting the bill in its current form would criminalise loving parents.

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)

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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)

Social services are already overwhelmed with the work of at identifying and intervening in 'at risk children /child abuse cases. The system is already failing which has heartbreakingly lead to genuine cases of child abuse being missed and the death of children. A ban on smacking is likely to collapse an already fragile system with trivial cases and my concern is that genuine child abuse cases will not be picked up and a ban will lead to more preventable deaths.

A previous Children's Minister (Leighton Andrews) has also indicated that a parent could be guilty of battery simply for picking up a misbehaving child under a 'smacking ban'. This would criminalise most parents.

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)

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)

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