3. Statement by the Minister for Children and Social Care: Consultation on Legislation to Remove the Defence of Reasonable Punishment

Part of the debate – in the Senedd at 3:02 pm on 9 January 2018.

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Photo of Bethan Sayed Bethan Sayed Plaid Cymru 3:02, 9 January 2018

Thank you for the briefing that you afforded me yesterday, it was useful. I've been pleased to support these efforts in the past, as has Plaid Cymru, when we were campaigning for this—former Assembly Members such as Lindsay Whittle and many Assembly Members from across the political divide. I think it's crucial to state, from the outset, that I'm not in favour of punishing a parent for disciplining their child, and that's not what this change should be about, as has already been outlined. This is, and should be, first and foremost, the removal of a defence in court and under the law that allows someone who beats or abuses a child potentially to be acquitted under the guise of it being a reasonable use of force for a parent or guardian, and I don't think that's acceptable.

I understand this is a debate that can cause passions to rise—in fact, when I asked people on social media, I had more comments than I've ever had, in relation to this issue—as is any question that goes to the heart of the relationship between the people, the family and the state, and how far is too far for the state to go. But I think it's important to set out that, from my perspective, any law change should not and will not be to bring about persecution of anyone who disciplines their child in a moment of frustration or panic. I know that when a child moves towards a plug socket or tests patience and boundaries to the limit how difficult it is. There should be no desire to punish good parents or guardians, and I believe that the vast majority of parents and guardians have no wish to use physical punishment.

I do, however, believe that the Welsh Government must get this right, or the well-meaning law change does run the risk of being swept up by some reactionary elements that would like to paint what is, at heart, a well-meaning policy, and a long-overdue one, I should say, into something ugly and nefarious on behalf of authorities.

My first question, although I'm pleased with the Welsh Government, that you've come around on this issue, finally, is: what has changed between the last time we debated this issue in the previous Assembly term and now? It was the Welsh Government's prior position that a change to the law on reasonable punishment would not be viable, as it would be challenged as not only beyond our responsibilities as an Assembly, but also open to court challenge. Could you clarify what the legal position is now, for the record, and if there has been any substantial development that would mean that the Welsh Government now no longer considers this as a stumbling block?

It's important to know what this will mean in practice, also. We don't want the removal of reasonable punishment to be used for anything more than the removal of that defence in a case of child abuse or assault, and we must make sure that no court or element of law enforces uses of law change to channel an overzealous prosecution of something innocent. So, you mentioned earlier the public interest test. The de minimis rule, as well, is also pertinent. How will we be talking to the courts, the CPS and the police about how they would potentially use this, ongoing?

In the statement earlier, you outlined other reasons for this law change, such as promoting—and I quote what you said—'behavioural change' in parents. Could you clarify what behavioural change is necessary, and are you seeing that that behavioural change is something that is higher in Welsh society than it is elsewhere, or that it's a behavioural change that we all should acknowledge in ourselves? Because what I want to understand is that we're not only targeting certain families in certain areas of Wales, but we are saying that this is a general way of treating others in our society. I think I would be much more comfortable with that type of policy initiative than I would be to say that some families would be more culpable of this than others. You mentioned other countries, and I've also done some research with people I know in Sweden. Sweden's law, as far as I understand, doesn't come with a penalty. I asked one person who works in government in a municipality in Sweden, and they have 94,000 residents, but 200 youth workers, so that they can go into the homes via social workers, via youth workers, to try and talk about cultural and behavioural change. If this is your intention also, well, we may have to look into financial resource for this. So, how far have you got with this, or do you think that that is necessary at all?

One of my final questions is: are you satisfied, in order to effectively convey to the public that the existing law isn't enough, that there is a valid and warranted reason for the law change? I've also spoken to some people to say that this particular ruling is used so little in court that you haven't got enough statistics to compare it with, and it's very difficult to find trends from it. So, it would be useful to know, if we are going to change the law, that it is going to be meaningful.

My last point in this, because I listened to the debate in the last Assembly, although not taking part in it, is we always reference, in these debates, 'as a parent', and you somehow feel that parents are potentially more attuned to making laws in this area. But, having read a lot about this, it's not just parents that are responsible. It's parents and guardians, and foster carers, and other people in society. When my sister was born, I was 17 years old, turning into an adult. I looked after her quite a lot, and I was given that parental responsibility. So, I want to have this debate, not as something that nobody who isn't a parent can have a view on, but so that everybody in society can have a view on this and make a constructive contribution. Because, at the end of the day, we may be in situations where we're thrust into caring responsibilities beyond our control, and we need to know how to deal with children in those types of situations, but we need to know that the state and other people in society believe that we have the respect and the capability, I should say, of looking after children, just as parents do too.