Majority for smacking ban bill at stage 1
The bill to ban physical punishment of children in Scotland has passed its first stage at Holyrood.
MSPs voted by 80 to 29 to approve the general principles of the Children (Equal Protection from Assault) (Scotland) Bill, introduced by Green member John Finnie. The bill, which has the support of the Scottish Government, removes the defence of reasonable chastisement in relation to a charge of assault on a child.
Opening the debate, Mr Finnie said he had the backing of Barnardo’s Scotland, NSPCC Scotland, Children 1st and the Children & Young People’s Commissioner Scotland’s office. The bill would bring Scots law into line with the United Nations Convention on the Rights of the Child, which the Scottish Government planned to incorporate into Scots law.
He added: "The growing body of international evidence shows that the physical punishment of children is harmful to their development and is not an effective means of discipline... in none of the countries that now prohibit the physical punishment of children was public opinion with the legislative change at the time of the change. I firmly believe that, as with the smoking ban, we will see public opinion change over time."
Opposing the measure, Oliver Mundell for the Conservatives argued that "The fundamental problem is that the bill will do more harm than good, and does not live up to its name. It is below the quality of legislation that the people of Scotland rightly expect from their Parliament. However well meaning it is, it represents an assault on family life."
He claimed the bill lacked any threshold for involvement by the police or, indeed, for prosecution, which was "sheer madness" – but Mr Finnie countered that it would not affect the public interest test for prosecution.
Children's Minister Maree Todd said the intention was not to criminalise parents but to provide early support using a "getting it right for every child" approach.
The bill was supported by all parties in the vote except the Conservatives, though two SNP members abstained. It now goes to stage 2 when amendments can be considered.