Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

Tystiolaeth i’r Pwyllgor Plant, Pobl Ifanc ac Addysg ar gyfer craffu Cyfnod 1 Bil Plant (Diddymu Amddiffyniad Cosb Resymol) (Cymru)

Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

CADRP-331

CADRP-331

 

About you

Individual

1      The Bill’s general principles

1.1     Do you support the principles of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill?

— No

1.2     Please outline your reasons for your answer to question 1.1

(we would be grateful if you could keep your answer to around 1000 words)

I do not support the bill at all because I think that it is unnecessary as it is already illegal to hit a child in such a way that it leaves a mark, such as a bruise or a cut.  Therefore children are already protected from physical abuse.  I do not think that it is right to criminalise parents who use smacking in a controlled way as part of their way to lovingly discipline their children. It should be the role of the parent to decide this, not the Government!

1.3     Do you think there is a need for legislation to deliver what this Bill is trying to achieve?

(we would be grateful if you could keep your answer to around 1000 words)

No, there is no need for this legislation, as there is already the legal defence of 'reasonable chastisement' in place to ensure that parents who use a mild smack are protected, whereas, as stated above, any unreasonable chastisement is already unlawful.    Therefore children are already protected from physical abuse.

2      The Bill’s implementation

2.1     Do you have any comments about any potential barriers to  implementing the Bill? If no, go to question 3.1

(we would be grateful if you could keep your answer to around 1000 words)

Surely the Government should represent the views of the Welsh people - a 2017 ComRes poll found that 76% of Welsh adults were against criminalising smacking, while only 11% were in favour.

The proposal means that parents could be prosecuted for loving parental discipline, the state should not use the criminal law to regulate parenting. 

Implementing the Bill will put added, unnecessary pressure on police, social workers, the courts and may divert resources from safeguarding children who are genuinely vulnerable and in need of support.

2.2     Do you think the Bill takes account of these potential barriers?

(we would be grateful if you could keep your answer to around 1000 words)

No - why change a law that is already functioning well.

3      Unintended consequences

3.1     Do you think there are there any unintended consequences arising from the Bill? If no, go to question 4.1

(we would be grateful if you could keep your answer to around 1000 words)

This Bill will result in police and social workers being overwhelmed and distracted with trivial cases, rather than focusing on investigating cases of real child abuse. I think that unfortunately this will result in vulnerable children, who are being abused, not being given the support and help that they need, as a result of services being overstretched!  Loving parents could be criminalised, parents and children put through a great deal of unnecessary anxiety and possibly families torn apart as a result.

 

4      Financial implications

4.1     Do you have any comments on the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum)? If no, go to question 5.1

(we would be grateful if you could keep your answer to around 1000 words)

Yes, I think that public resources would be wasted if this Bill was introduced, as if the defence of reasonable chastisement was removed, then police and social workers would have to investigate reports of parents smacking their own children, rather than focusing on cases of real child abuse.

5      Other considerations

5.1     Do you have any other points you wish to raise about this Bill?

(we would be grateful if you could keep your answer to around 1000 words)

Why is the Welsh Government wasting the taxpayers money in focusing on this, when there is already a law in place which provides for the protection of children who are in danger of abuse!!

There are 139 nations wordwide which allow parents to lovingly discipline their own children, including France, Italy, the US, Canada and Australia.  However, child-on-child violence in Sweden increased after smacking was banned in 1979.  It is bad for children, families and society when children are not properly disciplined.  I was smacked as a child as part of parental discipline, as were most people that I know, but none of us thought that our parents were child abusers.  We have all grown up happy, responsible members of society with loving families and relationships.