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Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

A Welsh Government Bill, introduced by Julie Morgan AM, Deputy Minister for Health and Social Services. The Business Committee has remitted the Bill to the Children, Young People and Education Committee.

About the Bill

The purpose of the Bill is to abolish the common law defence of reasonable punishment so it is no longer available in Wales to parents or those acting in loco parentis as a defence to assault or battery against a child.

The defence currently applies in respect of both the criminal and civil law. Under the criminal law, it applies in respect of the common law offences of assault and battery; and under civil law, in respect of the tort of trespass against the person.

The Bill is intended to support children’s rights by prohibiting the use of physical punishment, through removal of this defence. The intended effect of the Bill, together with an awareness-raising campaign and support for parents, is to bring about a further reduction in the use and tolerance of the physical punishment of children in Wales.

Further detail about the Bill can be found in its accompanying Explanatory Memorandum.

The Welsh Government has also published a web page for the Bill which provides further information and details of the impact assessments undertaken.

Current Stage

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The Bill is currently at Stage 1. An explanation of the various stages of Assembly Bills is available in the Guide to the Stages of Public Bills and Acts.

Record of Passage in the National Assembly for Wales

The following table sets out the dates for each stage of the Bill’s passage through the National Assembly for Wales.

Stage

Documents

Bill introduced: 25 March 2019

Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill, as introduced (PDF 59KB)

Explanatory Memorandum (PDF 1MB)

Presiding Officer’s Statement: 25 March 2019 (PDF 59KB)

Business Committee - Timetable for consideration of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill (PDF 25KB)

Letter from the Chair to the Business Committee (14 March) – proposed timetable (PDF 77KB)

Revised Timetable (PDF 43KB)

Bill Summary (PDF 775KB)

Bilingual Glossary (PDF 87KB)

Stage 1: Committee considerations of general principles

The Children, Young People and Education Committee will consider its approach to Stage 1 consideration on 28 March  2019.

Public Consultation: the Committee has issued a call for evidence, the closing date is 14 May 2019.

Schedule of oral evidence (Version 1) (PDF 45KB)
Schedule of oral evidence (Version 2) (PDF 47KB)

Committee consideration

The Children, Young People and Education Committee considered the Bill on the following dates:

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

28 March 2019

Consideration of Approach to Stage 1 Scrutiny

(Private)

(Private)

02 May 2019

Evidence sessions

02 May 2019

Transcript

View meeting of 02 May

08 May 2019

Evidence sessions

08 May 2019 Transcript

View meeting of 08 May

16 May 2019

Evidence sessions

16 May 2019

Transcript

View meeting of 16 May

22 May 2019

Evidence session

22 May 2019

Transcript

View meeting of 22 May

6 June 2019

Stakeholder event

(Private)

(Private)

6 June 2019

Evidence session

6 June 2019

Transcript

View meeting of 6 June

12 June 2019

 

Evidence session

12 June 2019

Transcript

View meeting of 12 June

Stage 1 Correspondence

Letter to the Deputy Minister for Health and Social Services (5 April 2019) – seeking clarification on focused question ahead of oral evidence session (PDF 154KB)

Letter from the Deputy Minister for Health and Social Services (25 April 2019) – response to the Committee’s request for further information ahead of the session on 2 May (PDF 838KB)

Letter from the Deputy Minister for Health and Social Services - additional information following the evidence session on 2 May (31 May 2019) (PDF 375)

Letter from the Deputy Minister for Health and Social Services (5 April 2019) – further information in relation to social services data (PDF 285KB)

Letter from the Welsh Youth Parliament (1 May 2019) (PDF 698KB)

Letter from the Chair to the Business Committee - request for an extension to the Stage 1 report deadline (16 May 2019) (PDF 76KB)

Revised Timetable (PDF 43KB)

Letter from the Chair to the Deputy Minister for Health and Social Services - to request to CAFCASS Cymru for information (20 May 2019) (PDF 105KB)

Letter from the Deputy Minister for Health and Social Services - CAFASS Cymru's response (4 June 2019) (PDF 352KB)

Letter from the Deputy Minister for Health and Social Services - Research report on public awareness and opinion of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill (5 June 2019) (PDF 806KB)

The Constitutional and Legislative Affairs Committee will consider the Bill on the following date:

 

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

03 June

Evidence session

3 June 2019 Transcript

View meeting of 3 June

 

 The Finance Committee considered the Bill on the following date:

 

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

09 May 2019

Evidence sessions

09 May Transcript

View meeting of 9 May

Stage 1: Debate in Plenary on general principles

This Stage has not yet been reached.

Financial Resolution

In accordance with Standing Order 26.68 the Presiding Officer has indicated that a financial resolution is required for this Bill.  Further information about financial resolutions is available in section 3 of the Guide to the scrutiny stages for Public Bills.

Stage 2: Committee consideration of amendments

This Stage has not yet been reached.

Stage 3: Plenary consideration of amendments

This Stage has not yet been reached.

Stage 4: Passing of the Bill in Plenary

This Stage has not yet been reached.

Post-stage 4

This Stage has not yet been reached.

 

Contact information
Clerk: Llinos Madeley
Phone: 0300 200 6352

Postal address:
National Assembly for Wales
Cardiff Bay
Cardiff     CF99 1NA
Email:
SeneddCYPE@Assembly.Wales

Business type: Bill

Reason considered: Government Business;

First published: 25/03/2019

Decision due: Meeting Date by Children, Young People and Education Committee

Documents

Consultations

 

 

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