Consultation display

The Children, Young People and Education Committee has completed its scrutiny of the general principles of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill (‘the Bill’).

The purpose of the Bill was to abolish the common law defence of reasonable punishment so it is no longer available in Wales to parents or those acting in loco parentis as a defence to assault or battery against a child.

The defence did apply in respect of both the criminal and civil law. Under the criminal law, it applied in respect of the common law offences of assault and battery; and under civil law, in respect of the tort of trespass against the person.

The Bill intended to support children’s rights by prohibiting the use of physical punishment, through removal of this defence.

The intended effect of the Bill, together with an awareness-raising campaign and support for parents, was to bring about a further reduction in the use and tolerance of the physical punishment of children in Wales.

Terms of reference

Were to consider-

• the general principles of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill and whether there is a need for legislation to deliver the Bill’s stated policy objectives;
• any potential barriers to the implementation of the provisions and whether the Bill takes account of them;
• whether there are any unintended consequences arising from the Bill;
• the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum);
• the appropriateness of the power in the Bill for Welsh Ministers to make subordinate legislation (as set out in Part 1: Chapter 5 of the Explanatory Memorandum).