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-421 |
CADRP-421 |
About you
Organisation: Play Wales
— Yes
(we would be grateful if you could keep your answer to around 1000 words)
Play Wales supports the Bill because:
It will improve child safeguarding and protect children’s rights.
• All adults are already protected from physical punishment, this legal anomaly means that the smallest and
most vulnerable members of Welsh society have less protection than adults. Abolishing the defence is long
overdue.
• There is extensive research evidence that physical punishment is ineffective, and it can cause considerable
harm
Children thrive in nurturing environments with good adult role models. Using physical punishment provides them with neither of these things.
• With the law as it stands it’s difficult for professionals working with families who see worrying parenting behaviour to give a clear message. Delaying in offering guidance or support can put children at risk if physical punishment escalates or if something more serious is already happening.
• Serious physical abuse of a child invariably has physical punishment as a factor. Not everyone knows when to stop and physical punishment often happens at a time of heightened emotion. Since there are better ways to manage a child’s behaviour and to teach them right from wrong, it’s best not to bring hitting or smacking a child into parenting at all.
• Removing the ‘reasonable punishment’ defence acknowledges children’s status in society as holders of human rights and is consistent with the ‘due regard’ duty in the rights of Children and Young Persons (Wales) Measure 2011.
(we would be grateful if you could keep your answer to around 1000 words)
Yes.
Experience from the 54 states worldwide who have already changed the law shows that public education alone
won’t end the use of physical punishment.
• It’s a question of Human Rights. International human rights bodies, including the UN Committee on the Rights
of the Child, have stated clearly that children should have the same legal right to protection from assault as
adults and governments must remove any legal defences that allow them to be physically punished.
• While the law apparently condones physically punishing children by having this defence, it’s impossible to
promote the message that it’s unacceptable.
• The law sets standards and governments often introduce new laws to address key public health issues, as with
smoking in public spaces and using seat belts in cars. Physical punishment has the potential to cause long term
harm and has no benefits, so it’s a public health issue on which Welsh Government needs to act.
• The current law fails to protect vulnerable children who are at risk, meaning that intervention happens after
children have been hit or hurt. Clarity in the law would help make sure they aren’t hit or hurt in the first place.
(we would be grateful if you could keep your answer to around 1000 words)
We don’t believe that there will be any real barriers to implementing the Bill. Welsh Government have done a lot of background work and this is clear in the Bill’s Explanatory Memorandum. There are some things that might need to be addressed to make implementation easier, such as:
• A well-resourced public information strategy, using face-to-face contact and universal services, not just targeted programmes such as Flying Start and Families First funding.
Enough resources for positive parenting programmes
• Making sure that professionals working with families are prepared for the change, know what to say and how
to act.
(we would be grateful if you could keep your answer to around 1000 words)
The Explanatory Memorandum shows that Welsh Government has given consideration to many issues
(we would be grateful if you could keep your answer to around 1000 words)
We feel that Welsh Government has given a lot of attention to considering all the possible consequences of changing the law. Things to consider are:
• All the consequences of a change in the law aren’t always obvious at the start, so there needs to be a way of monitoring implementation and working with organisations and public bodies before the law comes into effect as well as in the early years after implementation.
• Some families and communities may be harder to reach with information and support, Welsh Government needs to make sure that they receive the information they need.
• In not one of the countries that have prohibited physical punishment of children has the scaremongering of campaigners who don’t want the law to change been shown to be justified, or the law changed back.
(we would be grateful if you could keep your answer to around 1000 words)
The Explanatory Memorandum sets out the costs Welsh Government anticipates will come as a result of changing the law. This information is quite detailed.
We think It’s also important to remember that after changing the law far fewer children will experience any physical punishment because their parents will be guided by the law. It will also mean that people working with families can give a clearer message or intervene earlier. This will mean spending less on more costly interventions later as well as savings in the huge cost of providing services that children who have experienced ACEs such as physical abuse might need longer terms – into adulthood even. Figures obtained from the Early Intervention Foundation by the NSPCC found that the overall financial cost of late intervention with children and young people to Wales was £1.15bn in 2014/15.
(we would be grateful if you could keep your answer to around 1000 words)
Play Wales welcomes this legislation and we feel that it will make a long-lasting and positive impact to the lives of children and their families, in Wales. Removing the 'reasonable punishment' defence acknowledges children status in Wales as equal holders of human rights. It reinforces progress already being made towards implementation of the UNCRC and the realisation of children's rights in Wales.