The Scottish Parliament's Justice 2 Committee published a report last Friday that rejected a ban on the physical punishment of children under the age of three, as set out in the Criminal Justice (Scotland) Bill. The report said that while the committee strongly supported any measures to reduce harm or abuse of children and welcomed the general trend in society towards less physical punishment of children, it 'was not immediately convinced that change in the law is needed to achieve these ends or that these specific changes would be workable.'
The report added, 'We do not wish to see an increase in the prosecution of parents for moderate physical punishment and we do not accept that it is realistic to remove an available defence to the charge of assault while at the same time reassuring Parliament that the number of prosecutions will not increase as a result.'
However, MSPs accepted the intention behind banning shaking or the use of an implement to punish children, although the Committee said it wanted more clarification of these provisions. The option of public education and improved support for parents was also suggested.
Children are Unbeatable!, an alliance of 350 organisations including Early Education, the National Children's Bureau, the National Childminding Association, the Kids' Clubs Network, Children in Wales and NIPPA, said the committee had 'failed to listen to the growing numbers of people and organisations supporting a ban'.
Douglas Hamilton, research and policy officer for Barnardo's Scotland, said the Scottish Parliament had missed 'an excellent opportunity' to protect children's interests. 'The Committee has said it is OK for adults to hit one-and two-year-old children and has effectively said it will not intervene when this happens and there is no need to change the law, which is incredible.'
Cathy Dewar, director of children and family services at Children 1st, said, 'We are aware that banning physical punishment would be quite difficult to implement and we think that is where the problem has arisen.
We have had a huge amount of debate and discussion and there was a real fear that the ban would lead to trivial prosecutions, but we don't feel that would be the case.'
The NSPCC admitted to being 'deeply disappointed' by the decision. NSPCC director Mary Marsh said, 'Anything less than the proposal to protect babies and toddlers would be a real blow to child protection for the whole UK. We urge Scottish Parliamentarians to continue to spearhead law reform on the physical punishment of children, from which the rest of the UK should learn. Parents and the public will support reform if politicians are brave enough to take the lead.'
A debate on the issue was due in the Scottish Parliament yesterday (18 September).
