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-296

CADRP-296

 

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)

I do not support the principles of this bill.

Firstly, there is sufficient provision within current law to protect children from physical violence and abuse at the hands of adults - be they parents, carers or otherwise.

Secondly, it will lead to a further disintegration of the family unit within our society.

Third, the physical discipling (and not, as the bill suggests, punishing) of a child is an appropriate aspect of teaching and training them how to behave in both the home and society at large. This was my experience, as well as the experience of my wife. We both grew up in stable families: both sets of parents have been married for over thirty years; both sets of parents had successful professional careers; both sets of parents raised us to respect all people, especially those who held positions of authority.

I knew that my parents loved me very much; both in the way they spoke to me and acted towards me. They encouraged my progress; corrected me when I was out of line; occasionally they smacked me. I bear no lasting physical or physiological scars and I'm very appreciative that they did so.

They taught me that there were boundaries: acceptable patterns of behaviour and unacceptable patterns. There were consequences to my actions. And, once I knew that there was the possibility of me being physically disciplined should I misbehave, that was enough to stop me from stepping out of line.

These words from the Bible are appropriate: "No discipline seems enjoyable at the time, but painful. Later on, however, it yields the fruit of peace and righteousness to those who have been trained by it." (Hebrews 12:11)

Parents are the primary care givers of their children, not the state. Parents should be allowed to decide how they do that; let wider society then judge the parents based upon the behaviour and welfare of those children.

This does not in any way condone acts of physical aggression from adults to children that are born of frustration or anger: the disciplining of a child - whether through physical means or otherwise - is matter requiring a cool head and a loving heart. However, such acts of brutality are already outlawed by current legislation. Therefore I see no need to pass this bill.

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)

I do not.

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)

Yes.

The threat to stable families who otherwise would cause no problem to the state.

The threat of current or future employment to a parent prosecuted under such law.

The confusion over its application to people visiting Wales from other parts of the UK and beyond.

How will the shared legal system between England and Wales respond to this law?

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)

Schools and other social services provided in Wales for the welfare of children specifically and families in general are already under strain. Why add to the burden with this law? What areas will lose or lack funding henceforth in order to pay for the investigations this law will demand?

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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