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-458

CADRP-458

 

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)

Use of a smack as part of loving parental discipline is not child abuse. There is a clear difference.

A ban would potentially criminalise thousands of loving parents over night, though having little deterrent effect on those bad parents currently actually abusing children. As the criminal law already provides sufficient offences to address such violence against children and yet these laws are not being enforced.

It should always be a parent's responsibility to teach and train their children as they bring them up, and to decide as part of that whether and when to smack their children. A smack can be used to warn a young child of danger before they are old enough to understand other warnings.

My siblings and i were smacked as children. Even before this area became a topic of discussion I did not think my parents abused me or my siblings nor do I now, it was simply one of many measures for proper and loving discipline.

We should not not use the criminal law to regulate parenting.

 

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

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)

Biggest barrier is resources on enforcement.

There are not enough resources to deal with the other pressing needs of children: social, educational and dealing with the true violence and abuse against children. To divert resources from these existing pressing needs or create new resources for enforcing a smacking ban in priority would be travesty.

School teachers, nursery teachers and other people involved in the care of children, will all have to report any reference to a child being smacked (however trivial because their reputation and potentially their insurance will not let them do otherwise) as distinct from their current obligations in respect of abuse and violence to the authorities. The authorities will have to investigate - or the new law will fall into disrepute at the outset - and they will simply be overwhelmed. The public will be confused as to the real work of the police and social services in this area who will loose the public's support, when social services or the police knock a parents door to discuss that their three year old child made some reference to smacking that day!

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, as the whole basis and emphasis is misplaced.

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)

To enforce this legislation unintended consequences would include the diversion of significant resources from other needy services and the opportunity cost of not being able to do something more useful with them.

 

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)

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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)

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