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-642 |
CADRP-642 |
About you
Name: Heather Keating
Role: Professor of Criminal law
— Yes
(we would be grateful if you could keep your answer to around 1000 words)
I am of the view that the Bill, by removing the parental defence of reasonable punishment will promote children's welfare and children's rights. It will give them equal status with adults in terms of protection from assaults, while not preventing parents from intervening where needed to protect children from harming themselves (eg from running into a road). It will resolve the issue that the current law is incompatible with obligations under international treaties to which England and Wales are signatories.
Having examined the evidence from jurisdictions where reform has taken place it is my view that the fears concerning increased criminalization of parents for minor acts, increased compulsory state intervention in family life by eg care orders (or their equivalents) have not been borne out in reality. For more details see Legislating to Prohibit Parental Physical Punishment of Children (PPIW, 2018), submitted to the Welsh government.
(we would be grateful if you could keep your answer to around 1000 words)
Yes, my view is that legislation is needed to help change attitudes towards the use of physical punishment. Evidence from other jurisdictions supports the view that refrom often takes place against a backdrop where there is some decline in its use but also resistance to reform. Well drafted legislation sends a strong message (which in turn would enable front line professionals to give clear advice). That said, my research suggests that legislation, while necessary, is not enough. Reform has been most effective in changing attitudes and prevalence where legislation is accompanied by sustained awareness-raising campaigns and support for positive parenting.
For further details see Legislating to Prohibit Parental Physical Punishment of Children.
(we would be grateful if you could keep your answer to around 1000 words)
Please see above. Successful implementation will require a long term commitment to supporting its objectives.
(we would be grateful if you could keep your answer to around 1000 words)
The explanatory memorandum makes clear the broader context in which the reform would operate. It is reassuring to see the commitment to awareness- raising campaigns and the link to broader parenting strategies.
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The commitment to supporting the implementation of the reform is to be applauded. I agree that in terms of additional cases coming through the CJS the financial costs are likely to be small and especially so if the campaigns / support for parents are in place.
(we would be grateful if you could keep your answer to around 1000 words)
A few final comments:
While the recent CPS guidance has provided clarification as to when prosecutions will take place, the underlying law and case law surrounding parental physical punishment is not clear.
I am supportive of the commitment to assess the implementation of the reform.
In conclusion, I am entirely supportive of the objectives of this much needed Bill and, if there is anything I can do to help further, following on from my Report, I would be pleased to assist.