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-582 |
CADRP-582 |
About you
Organisation: Action for Children
— Yes
(we would be grateful if you could keep your answer to around 1000 words)
Action for children believes
• 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. Reasons why this legislation is necessary include:
• 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 at Action for children don’t believe that there will be any real barriers to implementing the Bill. Welsh Government has completed 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.
These might include:
• 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 carried out a lot of work to look at these potential barriers. we are sure that with help and support from WG what barriers there are or could be can easily be overcome.
(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.
• 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)
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)
Brigitte Gater, Action for Children’s National Director, Wales said: ‘This is an important piece of legislation that will bring Wales into line with over 50 countries worldwide. Removing the defence of reasonable punishment will give equal protection from physical punishment to children and bolsters children’s rights by prohibiting the use of physical or corporal punishment. Action for Children greatly welcomes this move and will support the Welsh Government through the legislative process.’