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-295

CADRP-295

 

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)

Parents discipline their children to prevent them from harm (e.g. from doing things that are dangerous to themselves and/ or others) and to teach them how to interact appropriately with others so that society can function.  Both these aims are desirable and beneficial.

Mild, infrequent physical discipline in the context of a loving relationship is one form discipline.  There is a lack of scientific evidence that this is harmful to the child and by criminalising it, it removes one of the options available to parents.  Parents are best placed to know which approaches are most appropriate and least harmful long term to their children.  For example, being placed in isolation can be emotionally damaging and overuse of this form of discipline could cause long term harm.  The overuse of praise etc can also be damaging as children fail to be adequately prepared for the challenges and disappointments of adult life.   The point I am seeking to make is that any form of discipline can be harmful if used too frequently or administered harshly.  Allowing parents to choose from a range of options that best fits to the situation and their child should be permitted.

Having listened to some of the evidence presented to the Committee I sensed a concern by members of the Committee around the lack of convictions under the present law and that abolishing the defence of reasonable chastisement would simplify things for the police and courts.  If members are concerned that the current law is not being enforced correctly then appropriate action should be taken to ensure that the current law is enforced- not change the law. 

 

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)

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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)

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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)

The proposed change seeks to criminalise parents, when there is no evidence that mild, infrequent physical discipline in the context of a loving parent- child relationship is harmful.  Living in a family with the stress of an impending prosecution, potential conviction, impact on future employment etc has the potential to  cause harm to children. 

 

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)

I am also very concerned, that in these times of limited resources, that those children who really need support and protection from health/ social/ police services, who genuinely are in abusive situations, are less likely to get the help and support they need, as resources are diverted.  We would be doing these children a huge disservice by neglecting their needs whilst pursing 'easy' prosecutions.   This may be good for statistics and in giving the impression of action being taken  but prosecuting parents who choose to occasionally give their child a light tap serves no good purpose for society.   The scientific evidence does not support the view that light, infrequent physical discipline is harmful to a child and yet the proposed legislation would make this illegal.

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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