Smacking ban: Key committee ‘is biased’

5 out of 7 MSPs in favour

CAMPAIGNERS opposed to a ban on parents smacking their children have accused MSPs of being biased in favour of the law.

They are now demanding Presiding Officer Ken Macintosh investigate the Equalities and Human Rights Committee, which has been scrutinising the Bill.

The convener is Nationalist MSP Ruth Maguire, who is the daughter of John Finnie – a former SNP politician and now a Green MSP – who launched the Bill.

Ms Maguire is a signed up supporter of the Bill, as are fellow committee members Gail Ross and Fulton MacGregor, both SNP, Lib Dem Alex Cole-Hamilton and Labour’s Mary Fee.

Only two committee members – Tories Annie Wells and Oliver Mundell – had not pledged their support for the legislation before being tasked with scrutinising it.

The Be Reasonable campaign, which opposes the Bill, also argues witnesses called to give evidence have been overwhelmingly supportive – but responses to a government consultation were largely opposed.

It wants Mr Macintosh to investigate whether the committee scrutinising the Children (Equal Protection from Assault) (Scotland) Bill has failed in its duty to be impartial.

In a letter to the Presiding Officer, Simon Calvert of Be Reasonable wrote: ‘Members of the public may question how the Bill can be scrutinised impartially when five out of seven members of the committee are supporters of the Bill. They are effectively marking their own homework.

‘The committee ought to be going out of its way to demonstrate impartiality, especially given the familial relationship between the convenor and the primary sponsor of the Bill.’

He also argued the committee members are out of touch with the public.

Mr Calvert wrote: ‘When the committee travelled to Skye all members present supported the Bill. During a Q&A, all questioners opposed it. The audience expressed its discontent that no one represented their views.’

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. Critics warn it will ‘criminalise’ parents.

The Bill is expected to command a comfortable majority in parliament.

But of 437 consultation responses, 387 (88.5 per cent) were against an outright ban on smacking. Of 390 submissions from members of the public, 378 (97 per cent) opposed the Bill, with 11 (3 per cent) in favour.

A Greens’ spokesman said: ‘This is clearly an act of desperation from those opposed to giving the most vulnerable in our community equal protection from assault.’

A Scottish parliament spokesman added: ‘Any correspondence received will be given proper consideration and responded to accordingly.’

‘They are marking their own homework’