3. Statement by the Deputy Minister for Health and Social Services: The Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

Part of the debate – in the Senedd at 3:20 pm on 26 March 2019.

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Photo of Julie Morgan Julie Morgan Labour 3:20, 26 March 2019

This legislation will not only remove the defence but it will support a wider cultural change in Wales and make it absolutely clear to everyone—to children, parents and professionals—that the physical punishment of children is unacceptable in all circumstances. The Welsh Government is not advocating letting children do whatever they like. Every child needs some discipline and to have sensible boundaries as they grow up. But physical punishment is not a part of disciplining children or setting those boundaries. This Bill does not stop adults caring for children. This Bill will not interfere with parents' ability to physically intervene to keep a child safe from harm—to stop them from running out onto the road, to help them with day-to-day activities, such as dressing, or with hygiene and cleanliness. It will not prevent them from using alternatives to physical punishment to maintain discipline and address poor behaviour.

And I am sure that, as this Bill progresses through its scrutiny stages, there will be healthy debate about the evidence around whether physical punishment is harmful to children and on parental attitudes. However, I believe that we cannot condone the use of physical punishment, however mild, as a form of discipline or for any other reason. But, already, attitudes towards the physical punishment of children are changing in Wales. It is becoming steadily less acceptable. Children are the most vulnerable members of our society and there is nothing more important than their safety and well-being. While the primary responsibility for raising children lies with parents, the Welsh Government has a very specific role in creating the kind of society in which children can grow up in a safe, happy and nurturing environment.

In developing this legislation, we've carefully considered all the responses to the consultation we carried out last year and the range of international research into this subject. This includes the Wales Centre for Public Policy review, which concluded

'the majority of researchers in the field make the judgment that the balance of evidence is sufficient to support the claim that all physical punishment under all conditions is potentially harmful to child development.'

Rather than improving children’s behaviour, it found that the way physical punishment is typically used by parents is linked with anti-social behaviour and other undesirable behaviours in children. 

The potential criminalisation of parents is something that has been discussed at length and has been raised with me on numerous occasions. I want to be clear: removing the defence does not in and of itself criminalise a parent or any other individual; it is their actions in relation to the law that matter. And our intention is not to draw more people into the criminal justice system. But, by removing the defence, some parents who physically punish their children and are subsequently reported to the police or social services may be charged with a criminal offence in circumstances where that would not happen now because there is a defence they can call on.

This Government understands the importance of providing parents with information, support and advice on a range of topics, including positive alternatives to physical punishment. We do this through a number of ways, including our 'Parenting. Give it Time' campaign, health visitors, other professionals and our family support programmes, Flying Start and Families First. And we will build on this as part of a programme of support alongside the legislation, because, to be really effective, this Bill must be accompanied by a well-planned information campaign.

If the Bill is enacted, if it passes through this Assembly, we must ensure that people know that the law is changing. We will therefore make sure there is sufficient time between Royal Assent and the commencement of the legislation for a public campaign to be carried out.  

Another issue that has been raised with me has been the potential impact on the police, social services and others, and I think we have to—and we have looked carefully at what happened when similar legislation was introduced in New Zealand. There may be an increase in social services referrals and police calls as a result, but predicting the impact is difficult because there's no precedent in the UK for removing the defence and current reporting and recording practices make it difficult to gain an accurate baseline of current activity. We will continue to work closely with the police, Crown Prosecution Service and social services, and we're working with local authorities to collect data to monitor the impact of the Bill. 

Deputy Presiding Officer, I'm proud to be able to introduce this Bill to the Assembly today. I look forward very much to working with Members and with the scrutiny committee over the coming months as the Bill progresses. I hope we will have the support of Members across the Chamber in protecting children and in protecting children’s rights in Wales. Thank you.