Smacking ban: ‘Three families a DAY to face police probe’
NEARLY 1,000 parents a year – an average of almost three a day – could be reported to police for smacking their children, new figures show.
SNP ministers are legislating to remove the legal defence of ‘reasonable chastisement’, fuelling fears over state intrusion into family life.
Research by the Welsh Government, which is also planning a ban, found that more than 500 parents a year could face police probes over smacking.
Based on that analysis, campaigners against the move in Scotland estimate that the figure here would be closer to 1,000 families a year.
It comes as the Ministry of Justice (MoJ) warns that divorcing couples could ‘weaponise’ the ban by accusing their partner of smacking a child, triggering police involvement.
Simon Calvert of the Be Reasonable campaign, which opposes the ban, said: ‘The figures reveal the frightening reality of this exercise in virtue-signalling – almost 1,000 Scottish mums and dads a year could be investigated for smacking.
‘Will they lose their jobs? Will they be arrested? Will they be prosecuted? Will social services remove their children? Do MSPs even care?’
A letter from Welsh Children’s Minister Julie Morgan to Lynne Neagle, chairman of the children, young people and education committee at the Welsh Assembly, predicts 548 people a year will be investigated for smacking and sent to a ‘diversion scheme’, or re-education programme, following
‘Criminalising parents’
the ban. The prediction is based on data from the Police Liaison Unit in Wales, which shows that in 2017-18, there were 274 police reports across Wales involving reasonable chastisement. The Welsh Government expects reports of smacking to double after a ban, in line with what happened in New Zealand when it was outlawed there.
Since there are 73 per cent more households with dependent children in Scotland than in Wales, Be Reasonable estimates this would be equivalent to 948 inquiries in Scotland.
The group has also raised concern over the lack of scrutiny of the proposals in Scotland. It said the Welsh Assembly had come up with a more detailed report than the one produced by a Holyrood committee.
Mr Calvert said: ‘The attempt to criminalise smacking in Wales is getting a lot more scrutiny than in Scotland. The Scottish Government has got behind Green MSP John Finnie’s Member’s Bill but without actually taking responsibility for telling the public what it is going to mean in practice.’
The legislation was examined by Holyrood’s equalities and human rights committee.
A spokesman said: ‘The lead committees in both the Welsh Assembly and Scottish parliament agree on giving children the same protection from assault as adults. The Bill in Scotland will reach its final parliamentary stage this year.’
In June, Conservative MSP Adam Tomkins warned that a legal loophole needed to be closed if families were to avoid being taken to court for shouting, threatening or raising their hands to their children without touching them.
His bids to amend the Children (Equal Protection from Assault) Bill were rejected.
Last night, he said: ‘These negative unintended consequences highlighted in Wales are the tip of the iceberg. There are serious concerns that the Scottish Bill goes far beyond the intended scope and will criminalise parents for simply disciplining their children.’
The MoJ has said Her Majesty’s Courts and Tribunal Service (HMCTS) has ‘serious concerns’ about the Welsh Government’s proposed ban.
HMCTS warned that should parents separate, one side ‘may fabricate an episode of smacking as a reason for non-contact with the other parent and for the involvement of the police’.
A Scottish Government spokesman said: ‘This Bill will give children the same legal protections as adults – something backed by an overwhelming majority of public opinion.
‘Based on experience from New Zealand, we do not expect a large number of prosecutions.
‘We have set up an implementation group which will consider what actions need to be taken if the Bill becomes law.
‘We will continue to offer funding for family support services.’