Group 5: Commencement (Amendment 10)

Part of the debate – in the Senedd at 6:40 pm on 21 January 2020.

Alert me about debates like this

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 6:40, 21 January 2020

Diolch, Llywydd. Turning to amendment 10, this is split into three parts: to delay the commencement of section 1, including the revision of Crown Prosecution Service guidance; an alternative pathway away from the criminal justice system to be established; and the establishment of parenting support.

The Deputy Minister will no doubt be familiar with the arguments that Welsh Conservatives placed when we tabled these as separate amendments at Stage 2, but I think that the National Assembly for Wales should be aware of our reasoning behind the delays. I must repeat that this Bill will have far-reaching impacts, not only on the rights of the child, but also the lives of their parents. The Deputy Minister has consistently said throughout the Bill's legislative progress that she wants this to engender a behavioural change. However, she could have done this through awareness raising or civil enforcement, rather than to expose parents to criminal liability. 

The potential effects of this exposure are so utterly serious and could have severely negative impacts on parents, children and families, which I have outlined previously in my amendments in group 1. We are not satisfied that parenting support will be properly established by the time the Bill fully comes into force. We are well aware in this Chamber of the patchy application of Flying Start, and the Deputy Minister really needs to keep us updated on the progress of Healthy Child Wales's capacity and reach, given that we were told just over half of children had been contacted under the scheme. That is why establishing an alternative way and parenting support before the smacking ban is introduced is essential.

Additionally, including the CPS and police, through the revised charging guidance, makes us stray slightly into reserved matters. Suzy picked this up and noted it at Stage 2. The duties of both bodies sit outside of our competence. Therefore, by passing this Bill without prior sight of this guidance, we as a devolved legislature would be placing serious considerations, such as family relationships, in the hands of two non-devolved bodies. Putting it quite simply, we wouldn't have control over the guidance, which could end up being completely disproportionate to what the Deputy Minister intends.

And, ultimately, it will be the parents and families who will suffer for a policy that has not been thought through. The Deputy Minister admitted to the committee that the strategic implementation group was only in the early stages of discussing what these guidelines may look like, meaning that it's us who are left passing a piece of legislation that gives us no control or input on how parents may be punished for smacking their children. That is actually truly shocking. 

I disagree entirely with the Deputy Minister's claims that we would give a non-devolved body power on the way we legislate in Wales. These are very carefully worded amendments that don't seek to confer that power. On the flip side, I remind Members that Schedule 7B to the Government of Wales Act 2006 places restrictions on our ability to impose, modify or remove the functions of reserved authorities without the consent of the UK Government. So, we have to be careful about Crown consent. Instead, we are seeking reassurance that the Assembly will have some sight of the charging guidelines before the Bill comes into force. 

Now, of course, the potential consequences of these actions could be avoided had you decided to protect the rights of the child through civil enforcement. None of us want to criminalise parents unnecessarily, and so it is very important that we must get the alternatives in place before the Bill's provisions commence. It is our duty as an Assembly to ensure that we get it right before the Bill begins, and so I really do urge Members to support this particular amendment. Diolch yn fawr.