New Zealand smacking ban ‘left parents criminalised’
CAMPAIGNERS against a proposed smacking ban in Wales claim legal analysis of a similar ban in New Zealand has “criminalised” ordinary parents.
The Welsh Government is seeking views on how to remove the defence of reasonable punishment and Minster for Children and Social Care Huw Irranca-Davies launched a 12-week consultation in January on the proposal.
If passed by the National Assembly, it will mean that smacking and all forms of physical punishment against children in Wales will become illegal.
Members of the Be Reasonable campaign, which opposes a smacking ban in Wales, says that public law specialists have concluded that banning smacking in New Zealand has meant that ordinary parents have become criminalised.
Lowri Turner, spokeswoman for the Be Reasonable campaign, said: “This is a highly detailed and technical analysis of the impact of the law in New Zealand.
“It should act as a wake-up call to every parent in Wales of the possible consequences if the Assembly presses on with its plans for a ban. It highlights cases where parents have been arrested, prosecuted and even convicted for gently smacking their children.
“And it blows apart the claims made by Assembly Members that introducing a ban in Wales will not criminalise parents, as almost identical claims made in New Zealand have been shown to be untrue.”
The report, written by public and employment law firm Chen Palmer and commissioned by Family First NZ, stated that section 59 of the Crimes Act in New Zealand “criminalised parents who smack their children, even if only lightly, for the purposes of correction”.
The report also cited a case in which a former UK national, referred to as DC, lost custody of his children after he admitted gently smacking them and was convicted of assault.
Ms Turner added: “Changing the law in Wales would lead to ordinary parents being criminalised, not least because what is being proposed by the Assembly is more extreme. While parents in New Zealand are allow to use force in some limited circumstance this would not be the case in Wales.”
In response to the Be Reasonable campaign’s claims, a Welsh Government spokesman said: “The defence of reasonable punishment is a defence to a charge of assault or battery.
“Under current common law, assault and battery are already criminal offences. We’re not proposing to create a new offence but rather to remove the existing defence. The basis on which the police and Crown Prosecution Service treat an accusation of physical punishment against a child will not change.
“The proposed legislation would aim to make it clear that physically punishing a child is no longer acceptable in Wales.
“We want to support parents to be confident in managing their children’s behaviour in a positive way, without resorting to physical punishment.
“Prohibiting physical punishment sends strong messages that proven positive alternatives are much better for our children and for their wellbeing.”