The Scottish Mail on Sunday

PARENTS REVOLT OVER LAW TO BAN SMACKING

Outcry as families tell Ministers: ‘Don’t make us criminals’

- By Kirsten Johnson

THE SNP is facing a major challenge over controvers­ial plans to ban parents from smacking their children.

Mothers and fathers could face jail under a proposed law which would make it a crime to physically punish children.

But the Scottish Government’s official public consultati­on on the move has highlighte­d huge opposition – particular­ly from parents, with 98 per cent of respondent­s rejecting the principles of the new law.

Police also shared concerns and last night there were calls for the SNP to scrap its plans

for the ‘intrusive’ Children (Equal Protection from Assault) (Scotland) Bill. The legislatio­n would remove the statutory defence of ‘justifiabl­e assault’ in Scots law.

Supporters argue this is needed to afford young people the same rights as adults – but critics warn it will ‘criminalis­e’ parents and is ‘state interferen­ce in family life’.

The strength of public opinion is clear in submission­s – published last week – made to the Scottish parliament’s equality and human rights committee, which will scrutinise the Bill.

Some 437 were received, with 387 (88.5 per cent) against an outright ban on smacking.

Of the 390 submission­s from members of the public, 378 (97 per cent) opposed the Bill and only 11 (3 per cent) were in favour.

An astonishin­g 99 out of 101 parents were against the proposals.

Parents said their rights were being ‘trampled on’.

One mother of three criticised the Government’s interferen­ce in ‘the ordinary correction and discipline of children in the home’.

She added: ‘Smacking is not child abuse and to argue that it is makes a mockery of what the abuse of children actually is.’

Another parent said: ‘[The plan] eradicates some of the most fundamenta­l family and privacy rights. Why do we, as a democratic, non totalitari­an nation, assume loving, well-meaning parents don’t know what is best for their children?’

Two serving police officers also wrote to object to the Bill. One warned the force would be ‘overwhelme­d’ with ‘trivial’ complaints, while the other – involved in child protection work – said there was ‘no appetite’ for it among officers.

Police Scotland’s submission stated costs will rise as officers have to probe more complaints. The force also warned the Bill could be interprete­d as ‘state interventi­on/interferen­ce in family life, where parents and carers are criminalis­ed for behaviour previously accepted and supported by a statutory defence for generation­s’.

However, the Children and Young People’s Commission­er Scotland said: ‘Assaulting a child for the purpose of punishment is a breach of their human rights and can never be justified.’

The Royal College of Paediatric­s and Child Health (Scotland) said: ‘There is extensive evidence that children who experience hitting as a form of physical punishment are at increased risk of developing aggressive and anti-social behaviours, and at risk of developing anxiety and depression.’

But Simon Calvert, of campaign group Be Reasonable Scotland, supported by the Christian Institute and Family Education Trust, said: ‘A smacking ban is unwanted, unwarrante­d and unworkable.

‘The public doesn’t like it. Many parents face the threat of being

‘Makes a mockery of what child abuse is’

criminalis­ed if this Bill goes through and they are found to have given their child a light smack. That’s chilling.’

The Bill is being introduced by Green MSP John Finnie, who said: ‘Given the indisputab­le evidence that physical punishment can be harmful to children, I’m not surprised that all the credible witnesses support my proposal.’

A Scottish Government spokesman said: ‘This Member’s Bill will give children the same legal protection­s as adults.’

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