Parents will face courts if they smack their children
PARENTS who smack their children could end up in court by the end of next year, under controversial new legislation.
Ministers are backing a bid to remove the right of parents to use physical punishment when admonishing youngsters.
The Equal Protection Bill, published today by Scottish Greens MSP John Finnie, is expected to progress through Holyrood quickly as it has the support of MSPs across the chamber – including the Tory justice spokesman.
Although the Scottish Government had initially been hesitant in supporting Mr Finnie’s members’ Bill, it is understood a ban on smacking has become policy for the SNP – with its MSPs forced to vote in support.
Minister for Children and Young People Maree Todd said: ‘Our vision is for Scotland to be the best place in the world for children to grow up. That’s why we support giving children and young people the same protection against assault as adults already have. The Bill sends a clear signal that all physical punishment of children is wrong.’
The legislation will remove the defence of ‘justifiable chastisement’ in Scots law, which allows parents to use physical punishment to admonish a child.
It means parents could face going to court and ending up in jail for smacking their children.
According to a poll last year, the majority of Scots oppose a ban on smacking. A spokesman for campaign group Be Reasonable Scotland said: ‘More than 140 countries around the world continue to respect parents’ freedom – and responsibility – to discipline their children appropriately.
‘This Bill could see them in the dock for simply tapping their kids on the back of the hand or pulling them away from the side of the road.’
He warned that a ban could ‘trivialise’ serious cases of assault and child abuse, adding: ‘Children rightly enjoy strong protections from assault. It is highly irresponsible and deeply misleading to suggest otherwise.’
Mr Finnie has already held a consultation on the Bill. A final vote by MSPs could take place in early 2019 and the ban could come into force soon after.
Holyrood insiders believe ministers are keen to ban smacking before the Welsh Government introduces its own law.
The SNP, Labour and Liberal Democrats will support the Greens, while Conservative MSPs will be given a free vote on the issue.
Tory justice spokesman Liam Kerr supports the ban, despite his party voicing concerns.
A Scottish Conservative spokesman said: ‘We believe the current legislation works well because it is based on common sense and it reflects what the majority of parents want.
‘In law there is, quite rightly, a very clear difference between the definitions of violent assault and reasonable chastisement.
‘The former is a criminal offence punishable through the courts, the latter is a matter for parents as they decide how to discipline their children.’
Supporters of the Bill in the consultation included the Scottish Police Federation, Rape Crisis Scotland, Barnardo’s Scotland, the Church and Society Council of the Church of Scotland, the Equality and Human Rights Commission, Children 1st, the Royal College of Paediatrics and Child Health, Scottish Women’s Aid and the NSPCC.
Mr Finnie said: ‘Children deserve the same legal protection from assault that adults enjoy, a position that children’s rights organisations and charities have long been arguing.
‘Substantial academic research from around the world shows that physical punishment does not work and is shown to be counterproductive. My Bill aims to support parents to make positive choices.’
Bruce Adamson, Children and Young People’s Commissioner Scotland, said: ‘It is never OK to assault a child for the purposes of punishment.’
But campaigners in New Zealand, which introduced a ban ten years ago, have warned MSPs that the law has become increasingly unpopular and could have a ‘chilling’ effect on parents.
‘In the dock for tapping their kids’