Smacking children is to be banned in Scotland. The Scottish Government has confirmed it will ensure a bill lodged by Green MSP John Finnie will become law. The legislation would make Scotland the first part of the UK to make the physical punishment of children illegal.
Mr Finnie’s proposals were out for consultation over the summer and received backing from many children and family charities. At Holyrood, only the Tories have yet to commit to support a smacking ban.
Speaking at the launch of the consultation in May, Tam Baillie, Children & Young People’s Commissioner, said: “The launch of John Finnie’s consultation is a positive step towards providing children with equal protection from assault. It is hard to believe that our legal system continues to provide a defence of ‘justifiable assault’. For me, there is no such thing because there is no way we can ever justify the hitting of a child. Research evidence is clear that physical punishment, no matter how ‘light’, has the potential to damage children. It also shows a clear link between the use of physical punishment and an escalation into more abusive behaviours.
“This consultation is about taking the overwhelming evidence of harm caused by physical punishment and using it to bring about change that benefits both children and parents. My hope is for people across Scotland to engage in this consultation, not only as a means of making their views heard in Parliament, but also as a way of starting important conversations within families and at home.
“We need to live in a country that treats children with equity and fairness. Our children have the right to the same protection from assault as adults, and in 2017, surely that is just common sense?”
Green MSP John Finnie has welcomed the First Minister’s annoucement that the government ‘will not oppose’ his proposals. Mr Finnie, who is a former policeman, said: “Scotland cannot be thought of as the best place in the world for children to grow up while our law gives children less protection from assault than anybody else in society. The bill will send a clear message to all of us about how we treat each other and underpin Scotland’s efforts to reduce violence.
The physical punishment of children is already illegal in 52 countries and my proposal will give children in Scotland the necessary protections to flourish in a healthy environment and encourage the building of stronger relationships between children, their parents and others who care for them.”
A spokesperson for Barnardo’s Scotland, Children 1st and NSPCC Scotland said: “We are delighted that the Scottish Government has given such a clear commitment to ensuring children have equal protection from violence in Scots Law. Repeated international reviews of evidence, including Equally Protected? which we jointly published in 2015, show beyond all doubt that physical punishment doesn’t work and can be harmful to children.
“John Finnie’s Bill will not create a new criminal offence. It will remove the defence of ‘justifiable assault’, which is out of step with the majority of parents’ practice, children’s rights and most other countries in Europe. It will also bring clarity for families while enabling parents to continue to make their own decisions about how best to raise their children. A clear message will be sent: violence in any shape or form is not acceptable in Scotland.
“The Bill is not only supported by our politicians but also by an extensive number of organisations and individuals. We are delighted that the Scottish Government is reflecting the evidence and expertise of professionals working with children and families, and most importantly the views of children themselves.”
There are dissenting voices, however. Speaking on BBC Scotland’s Good Morning Scotland, Reverend David Robertson of the Free Church of Scotland said a smacking ban would “criiminalise parents just for tapping their child on the hand.”
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