Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill
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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 |
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CADRP-403 |
CADRP-403 |
About you
Individual
— Yes
(we would be grateful if you could keep your answer to around 1000 words)
* Because of the overwhelming research evidence to show that the physical punishment of children is ineffective and has the potential to cause significant and lasting harm.
*Because the Welsh Government has a long standing commitment to ensuring and maintaining children's rights across Wales and the Bill will bring us in to line with our obligations under the United Nations Convention on the Rights of the Child. The Bill's principles are therefore consistent with the Welsh Government's "due regard" duty under the Children and Young Persons Measure introduced in 2011.
*It will provide children with the same protection from assault under the law as that currently afforded to adults.
*The current "reasonable punishment" defence is an anachronism which undermines Welsh Government's approach to promoting positive and non-violent parenting methods across Wales.
*The Bill will provide clarity regarding the physical punishment of children where there is currently ambiguity and confusion. Professionals working with children and families are currently compromised in giving advice on non-violent parenting methods when under certain circumstance children can still be legally hit.
*As reports of serious child abuse cases clearly indicate, abuse usually starts with smacking and escalates from there. As we are now fully aware of more effective ways to correct children than hitting them we should make the law absolutely clear that physical punishment is neither acceptable nor legal.
(we would be grateful if you could keep your answer to around 1000 words)
YES
*As evidenced across the 54 countries that have already reformed their laws on this issue, the most effective means of changing behaviour and attitudes regarding reducing the physical punishment of children is to combine legislation with a comprehensive public education campaign.....which is the approach being proposed by Welsh Government.
*Clarity in the law is essential on this matter to ensure that children are fully safeguarded and that their best interests are protected and are paramount. There should be no legal defences or loopholes available to adults for harming children in any way in 21st Century Wales and to allow the status quo to continue flagrantly flies in the face of our country's commitment to children's rights.
*By legislating the Welsh Government will be sending an unambiguous message about the need to raise our children in positive and non-violent ways. The well being of our country's children is a clear public health matter which the Welsh Government has an obvious and valid role in taking the lead on. As said above, legislation combined with a Welsh Government led public awareness campaign has the greatest chance of success in reducing the physical punishment of children across Wales.
*Legislating to remove the "reasonable punishment" defence will ensure that Wales will comply with its obligations to fully protect children under the UNCRC. This is a logical and necessary next step in the country's commitment to delivering children's rights.
(we would be grateful if you could keep your answer to around 1000 words)
No I feel the Bill's Explanatory Memorandum identifies any potential barriers and outlines the measures the Welsh Government will take to address them.
(we would be grateful if you could keep your answer to around 1000 words)
See above.
(we would be grateful if you could keep your answer to around 1000 words)
Again, I think the Explanatory Memorandum covers all the potential unintended consequences.
In particular it seeks to calculate the potential number of prosecutions for the first five years after the Bill. I would ask the Committee to take heed of the less than 8 prosecutions a year being predicted via that calculation. The Be Reasonable campaign which opposes the Bill has been publicly pushing the notion that "thousands" of parents will be criminalised if the Bill becomes law. This is clearly not the case (as is borne out by the experience in the 54 countries which have already legislated) and this tactic is a deliberate attempt to inflame public opinion to win people around to their view. It is a deeply cynical and shameful exercise and I hope Committee members see it as that.
(we would be grateful if you could keep your answer to around 1000 words)
In addition to any potential increased short term costs associated with delivering the Bill, the Welsh Government may also wish to take into account the potential longer term savings which would come as a result of a decreased call on services due to the reduced use of physical punishment of children.
(we would be grateful if you could keep your answer to around 1000 words)
*The Welsh Government is absolutely right in introducing this legislation and I welcome the Bill's intent and the proposal to link it with a comprehensive public education campaign.
*For far too long there has been ambiguity and confusion regarding how to, and how hard, it is permissible to hit a child. The very fact that there is a flawed legal framework for allowing this shames us as a country. This Bill will remove all doubt and it will be clear that hitting a child in any circumstances will no longer be acceptable in Wales. This is to be hugely welcomed and generations of children in Wales will benefit from this simple but essential piece of legislation.