2. Will the Minister make a statement on legislation relating to the removal of the defence of reasonable chastisement? OAQ(5)0012(CC)[W]

I thank the Member for his question. The First Minister has announced our intention to bring forward legislation to remove the defence of ‘reasonable punishment’, which will confirm our long-standing commitment to children’s rights. Discussions will take place with the opposition and the proposed legislation will be subject to the legislative process, including consultation with parents and stakeholders.

Thank you for that response, Secretary. You will know, from the experience that we had in the last Assembly, when I believe the majority, across parties, wanted to remove this defence, that that wasn’t achievable in the way the Government went about it and the way in which legislation works here. Whilst I accept entirely that the Government has to—well, not has to, but that, in this context, it would be appropriate that the Government should—propose legislation for discussion, how can the Government build that cross-party consensus to ensure that any legislation is successful and that we can deliver on this commitment?

Of course, I think it’s really important that the Member raises the issue of engaging with stakeholders. I will be starting discussions with opposition parties in order for a pathway to be created in order for a successful Bill to be taken forward. It’s equally as important for the political groups to come together on this as best they can, but also parenting, and stakeholders using their knowledge and skills as well to help us in the process.

I welcome very much that the Government is going to move forward on this legislation on a cross-party basis and I’m sure that we’ll be able to get consensus to bring this in. Could the Cabinet Secretary tell us whether he believes there are any reservations in the draft Wales Bill that would affect the competence of the Welsh Government to remove the defence of reasonable punishment?

I thank Julie Morgan, a long-standing campaigner on this very issue, and I’m looking forward to working with her too. If competence is assessed on the basis of the amendments that will be made to the Government of Wales Act 2006 by the Wales Bill as currently drafted, the argument that provision about smacking children is outside competence because it amends the criminal law is likely to no longer be an issue. There are other issues relevant to competence, such as compatibility with the European convention on human rights, however, which will be unchanged. These are all complex issues in legal terms but we are working through them and working with partners to achieve the positive outcome the Member wishes.

Cabinet Secretary, do you accept that many parents who love their children use, sparingly, reasonable chastisement as a means to discipline their children, and that the excessive use of other forms of discipline can also be equally abusive to children when they are not used correctly? What action are you taking as a Government to ensure that positive parenting skills are something that are focused upon and expounded across the nation to give parents who use reasonable chastisement the opportunity to use other tools in the box? I know that there’s been some work on this in the past and I very much hope that you’ll be looking to expand that positive parenting programme to all parts of Wales in the future.

Let’s be very clear here: this isn’t about legislation to criminalise parents. What we want to do here is give people the opportunity to have positive parenting experiences. We will, as Government, provide a package of tools that will encourage parents to use Families First, Flying Start, the ‘Give it time’ campaign—there are many others—which we’re trying to build competency around to give parents confidence in the way that their families grow up. Aside from that, we will also introduce legislation on the defence of reasonable chastisement. It is a package of tools that we will come to the Chamber with, and not one or the other.