Scotland bans parents from smacking children
SMACKING children is to become illegal in Scotland in a move that critics fear will criminalise parents who simply give their naughty youngsters a tap.
Members of the Scottish Parliament overwhelmingly voted to scrap the Victorian defence of ‘reasonable chastisement’.
It means all parents – including English and Welsh holidaymakers – who smack their children north of the border face being charged with assault.
But critics urged MSPs to rewrite the legislation amid fears a loophole could result in parents being criminalised just for raising their voices.
Last night, Scottish children’s minister Maree Todd claimed the law removed ‘an outdated provision that has no place in a modern Scotland’, while Green MSP and former policeman John Finnie, who proposed the change, hailed the vote as a ‘courageous’ move.
However a spokesman from the campaign group Be Reasonable, said it would fight to repeal the Bill, adding: ‘We are disappointed, and lots of parents will be disappointed.
‘This opens the door to hundreds of families being investigated and parents potentially prosecuted for smacking.
‘This is massively opposed in the polls. Our campaign will continue to stand up for good parents. We believe we represent the silent majority of people who will see this as intrusive and unnecessary.’ One of those to vote in favour of the ban despite having reservations about its effect on parents, was the SNP’s Richard Lyle.
He said: ‘The effects of a police investigation, court appearances, prosecutions on families in these scenarios would be highly disproportionate, especially for the children involved.
‘Criminalisation should be reserved for adults who have acted to harm a child, not for parents who are simply ill-informed.’
Scottish Tories voted against the smacking ban, claiming the legislation contains ‘legal loopholes’ – such as not mentioning ‘physical punishment’ – that could lead to parents being criminalised for raising their voices. Tory Oliver Mr Mundell said: ‘We are being asked to pass into law legislation that is imprecise... legislation that could unnecessarily criminalise good parents.’
Mr Finnie, whose Bill will become law after receiving royal assent, said: ‘I am absolutely delighted. Physical punishment has no place in 21st century Scotland.’
Despite fears that hundreds of parents could be prosecuted, officials claim it will lead to ‘less than two prosecutions per year’ and an increase of only ‘seven reports to police’.
Parents in England and Wales currently face criminal charges if they hit a child so hard that it leaves a mark. Politicians in Wales are set to follow the Scots in banning smacking, although there is no plan for a law change in England.