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-462

CADRP-462

 

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?

— Yes

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)

For me, at its heart, this is an issue about the rights of children and about equal protection. Children have rights and physically punishing them violates those rights. These rights are made specific in Articles 19 and 37 of the UNCRC– namely, the right of children to be ‘protected from all forms of violence and…bad treatment from their parents or anyone else who looks after them’ and the right not to suffer ‘cruel or degrading treatment or punishment’. Children also deserve equal protection – we should afford children the same legal protection from violence as adults. It's as simple as that. This legislation will protect children and give them equal protection. It will make life better for both parents and children and will, I hope, trigger cultural change, where the physical punishment of children will no longer be seen as any kind of reasonable option when raising them: it will, quite simply, be off the table.

I would also add that the Welsh Government and Welsh Assembly has a strong record on protecting children's rights and supporting parents. The Welsh Government was the first UK administration to enshrine the UNCRC in law in the Rights of Children and Young Persons (Wales) Measure in 2011 and has laid the groundwork for and supported many positive parenting initiatives. The Welsh Government and National Assembly has already led the UK on children’s issues – Wales was the first to ban smacking in all early years care, the first to include violence against children in the definition of domestic violence, and the first UK country to appoint a Children’s Commissioner. This legislation is very much in keeping with The Welsh Government and National Assembly's laudable record on children's rights.

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)

Yes, I do. Legislation will deliver much-needed clarity for parents, guardians and professionals about what is and what is not permissible when it comes to the treatment of children.

Laws are not just about prosecutions – they also do the following:

• Act as deterrents – are preventative.

• Change attitudes and behaviour (see the law re: mobile phone use in cars).

• Make priorities clear (in this case, that we value children and that, above all, they should be     protected).

• Promote values and principles (such as respect for all and the importance of healthy non-violent relationships).

• Bring about wider cultural change.

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)

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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)

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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)

I think that it is essential that there is a specific and far-reaching Welsh Government-led public information campaign about the legislation, similar to the one that was used regarding the change in law on organ donation in 2015. The awareness campaign in Sweden after the 1979 legislation to outlaw the physical punishment of children is also worth looking at -- it was wide-ranging and made clear exactly what the law meant for parents, carers and guardians. Any campaign should not just bombard people with facts and figures, but rather should engage people at a much deeper and visceral level. Academics Chip and Dan Heath's work on how ideas can take hold in the social marketplace of ideas might be particularly relevant here. They argue that in order to stick, an idea should be expressed in a simple and unexpected way, that it should be concrete and credible, and that it should use emotion and storytelling. As any public information campaign is devised, such principles might be worth bearing in mind.

I also think that it is essential that children know about the change in the law. Efforts here should be guided by Children Commissioner for Wales’ 2017 report, The Right Way, which emphasises the importance of embedding children’s rights in schools (including the right not to be physically punished), so that they become integral to a child’s education.

Welsh Government should also consult directly with frontline professionals to establish what kinds of guidance and training would be needed to support them.