Minister re-affirms plan for law to ban smacking
PHYSICAL punishment of children has no place in a modern and progressive Wales, Minister for Children, Huw Irranca-Davies said today.
To mark Universal Children’s Day, the Minister re-affirmed the Welsh Government’s plans to introduce legislation to remove the defence of reasonable punishment.
If passed by the National Assembly for Wales, it means that children in Wales will be protected under the law from physical punishment.
The Welsh Government has launched a public consultation on the proposal through its #TalkParenting campaign, which has had nearly 1,000 responses so far to an online survey on parenting.
Speaking ahead of an event in Swansea to mark Universal Children’s Day, Huw Irranca-Davies said: “The Welsh Government is rightly proud of its record of promoting children’s rights and working to ensure all children in Wales have the best start in life.
“As Minister for Children, I’ll work to ensure the rights of every child and young person in Wales are respected so they can grow up to lead happy, healthy lives and to be responsible, active citizens.
“When the Rights of Children and Young Persons (Wales) Measure 2011 was passed, it broke new ground. We were brave enough to be the first in the UK, and amongst only a few in Europe and the World, to put such arrangements in place. I’m determined to continue to deliver on this commitment.
“Our understanding of what is needed to protect and support children and their families has changed considerably over the years, and societal norms have changed as a result. It can no longer be acceptable in a modern and progressive society for children to be physically punished. It is right that as a Government, we take action to protect children and support parents to use positive and effective alternatives to physical punishment.”
The NSPCC Cymru/Wales said in a statement: “Minister for Children Huw Irranca-Davies is right when he says that physical punishment has no place Wales.
“The NSPCC has long campaigned for children in Wales to have the same protection against assault as adults, so we welcome the steps being taken by the Welsh Government towards removing the defence of ‘reasonable punishment.’
“Every child deserves equal protection under the law and should be protected from such draconian forms of discipline.
“It is wrong that a defence which does not exist in a case of common assault against an adult can be used to justify striking a child.
“Closing this loophole would also bring Wales in line with dozens of countries around the world.”
In 52 countries around the world children have the same protection as adults from assault and are protected by law from all corporal punishment.
In Wales, as in England, it is lawful for a parent or carer to smack their child where it amounts to “reasonable chastisement”. This defence is laid down in the Children Act 2004, but it is not defined in the legislation.
Whether a “smack” amounts to reasonable punishment will depend on the circumstances of each case taking into consideration factors like the age of the child and the nature of the smack, according to legal experts.
Physical punishment will be considered “unreasonable” if it leaves a mark on the child or if the child is hit with an implement such as a cane or a belt.
Smacking children will be banned in Scotland, the Scottish Government confirmed last month.
Ministers there said they will ensure that a Bill brought forward by Green MSP John Finnie would become law.
The legislation will remove the defence of ”justifiable assault” in Scots law, which allows parents to use physical punishment to admonish a child.
The move would make Scotland the first part of the UK to introduce a ban on smacking children.
In Ireland the legislation which allowed parents to use force against their children was repealed almost 17 years ago, and a complete ban on smacking was introduced in 2015.