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-648

CADRP-648

 

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)

The law already protects children from abuse and violence for which parents can and should be investigated and prosecuted. Smacking by a parent to discipline a child on a particular occasion is quite different. In discussions opponents often cite it as "abuse" which is gross exaggeration and distortion of reality.  If this law is passed I fear for the future as to what else will be criminalised. It is up to the parents to decide whether smacking is included in their code of discipline. The state is already interfering too much in family life. For example sex ed programmes  are being launched which are contrary to many parents' views, and  the right to withdraw their children from the lessons is also being removed. Parents are the primary educators of their children and should be supported in their work not spied on and vilified with a view to prosecution for any breach in "perceived goals".  A variety of polls have found the majority of Welsh people are against the bill yet I have a feeling the Welsh Assembly members do not listen to the views of the people but will acts on their own whims. This is a great disillusionment for the ideals of devolved government giving people more say in their country's laws!  Does the Assembly look at results from other countries like Sweden and New Zealand where parents have not only been criminalised but also had children taken away from them, for smacking which was not violent? How can the police monitor this fairly? Their handling of so called "hate crimes" leaves a lot to be desired. In the interests of a child, a smack for doing something dangerous is far less upsetting than a police procedure and the undermining of parental care of the child.

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, because it feels like the principles of totalitarian state at work. I worked in the so-called "iron curtain countries" and was very aware of being watched all the time, as were all the citizens. You didn't laugh out loud or you risked being followed by the KGB/ police whatever. This law is eroding family freedom under the guise of "concern for children". As I said above, if this law is passed there will be other limits placed on parents' rights, starting with the kind of education delivered particularly the type of sex education.

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)

Hopefully - parental pressure against it.

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)

It attempts to smooth talk parents out of any anxieties they may have.

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)

Yes, lots of them. The criminalising of loving, caring parents for a smack, for example, that was measured to alert a young child to the seriousness of an action (eg playing with fire). It sounds easy to avoid but in the daily pace of life one acts instinctively; the law would create an unpleasant feeling of neighbours watching you to report you - hardly going to improve community life;  overburdening of police and social workers who are not coping with their work loads now let alone with this extra dimension.

  (Are there plans to create more social workers specially for this law? This has shades of the "Named Person Bill" they tried to push through in Scotland.)

 There will be intrusion into family privacy, undermining parental authority and encouragement of rebellious children.

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)

From talking to friends, it seems many actually think smacking is already illegal and were surprised when I said it wasn't.  So in fact there is probably much less smacking of children presently and it is best left that way. If the Bill died a quiet death, none of the alarming consequences for children, parents,  police, social workers etc would occur and society would be the happier for it.

HOWEVER, HAVING SPENT TIME WRITING THIS, I HOPE MEMBERS OF THE WELSH ASSEMBLY WILL ACTUALLY APPROACH THIS BILL WITH AN OPEN MIND AND SEE THE DANGERS IT HAS FOR SOCIETY BOTH NOW AND THE PRECEDENT IT SETS FOR THE FUTURE EROSION OF PARENTAL AUTHORITY IN THE HOME AND FAMILY.