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-172

CADRP-172

 

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 abolition of defence of reasonable punishment fails to take into account the difference between controlled discipline of a smack in a loving parent/child relationship with child abuse, hitting a child out of rage and anger. It will criminalise parents who in their love for their children, may use a smack to bring correction within the context of a loving relationship. By criminalising these parents, loving families will be ripped apart by the state thus ruining the lives of many ordinary families. It must be noted that over 3/4's of the Welsh public are opposed to smacking being made a criminal offence.

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 I believe legislation already exists to deal with abuse of children through rage and anger and lashing out of a parent/guardian. This proposed legislation would criminalise a reasonable form of discipline that is a last resort when a child has not responded. For example, when I was a child I stole money from my parents - when they found out my dad smacked me and I never stole again. His discipline was justified, he loved me and he set godly boundaries for me and I am so grateful for what he saved me from. He also disciplined through words and other means, but there a times when this form of 'controlled discipline', meaning from a place of self-control is absolutely appropriate.

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)

What do you mean by 'barriers'? All 'barriers' need to be wisely understood as some 'barriers' may be  there to prevent a society from going off a cliff edge

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)

-

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.

1. Time and money and resources of social services and the police will be occupied and wasted following up trivial cases of parents who lovingly discipline their children,

2. The children of these parents who are secure in their parents love, values and discipline will potentially be ripped apart; families who are not a threat to society or their children, causing untold heart-ache and damage to a family or a parent who is criminalised for lovingly disciplining their children.

3. The children will be removed and put in foster care and suffer incredible trauma from being separated unjustly from their parents. There really has to be attention paid to this - there are very serious consequences just as there are very serious consequences to a child staying in a family when a parent physically abuses them out of anger and hate/ in contrast to loving and self-controlled parental discipline of a loving family

I argue that there has to be serious distinction between loving discipline and child abuse... the heart attitude is polar opposite... one produces dysfunctional families and the other produces secure and loving family units. This proposed bill is in danger of causing more harm than good

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)

1. A lot of money will be wasted following up trivial cases when parents are criminalised for lovingly disciplining their children.

2. unnecessary strain on police and social services over cases that are not child abuse.

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)

Sweden is often cited as a society that has banned smacking but according to Prof David Eberhard, such a ban has been ineffective in addressing child abuse as between evidence proves that between 1984-2010, child-on-child violence  increased by 1,791% between 1984 and 2010. Also, he states that as a consequence of the ban, parents are unable to correct their children in any way. To remove the defence of reasonable punishment is unwise and not an answer