Group 2: Reporting requirements (Amendments 6, 11)

– in the Senedd at 6:15 pm on 21 January 2020.

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Photo of Elin Jones Elin Jones Plaid Cymru 6:15, 21 January 2020

(Translated)

That brings us to the second group of amendments, and this group of amendments relates to reporting requirements. Amendment 6 is the lead amendment in this group. I call on Janet Finch-Saunders to move the lead amendments and to speak to the other amendment in the group. Janet Finch-Saunders.

(Translated)

Amendment 6 (Janet Finch-Saunders) moved.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 6:15, 21 January 2020

Diolch, Llywydd. I now want to turn to amendments 6 and 11 on the post-implementation review, but first I would like to thank the Deputy Minister and her team for assisting us with those amendments, as outlined in her letter of 11 December to the Children, Young People and Education Committee. Both my colleague Suzy Davies and I welcome the constructive tone of our discussion with the Deputy Minister.

Second, I very much welcome the Deputy Minister's letter of 11 December to the strategic implementation group, which requested the views of the group on the amendments I tabled at Stage 2 about the contents of the post-implementation review, including: the number of people prosecuted for corporal punishment in Wales; the number of reports made to police of corporal punishment of a child taking place in Wales; the number of reports made to social services departments of corporal punishment; costs incurred by devolved Welsh authorities; and the number of staff employed by any devolved Welsh authority who have attended training as a consequence of this Bill.

So, briefly, amendment 6 enables Welsh Ministers to prepare two reports on the effect of the changes this Bill brings and lay them before the National Assembly for Wales. The first report will be three years from the commencement of year 1, and the second after five years.

Amendment 11 is consequential and technical in nature, providing for changes due to the removal and replacement of section 3 of the Bill. At Stage 1, the Constitutional and Legislative Affairs Committee recommended that the reporting period be brought in line with the ordinary timetable for post-legislative scrutiny, but three years after the commencement of the legislation. So, as it currently stands, the Bill's post-legislative scrutiny timetable would mean its effect would not be formally assessed until seven years after it has passed. So, I am thankful that the Deputy Minister has, quite rightfully, recognised our concerns and those of the Constitutional and Legislative Affairs Committee through our discussions at Stage 3. Therefore, I commend Members to support this amendment.

Photo of Helen Mary Jones Helen Mary Jones Plaid Cymru 6:18, 21 January 2020

The Plaid Cymru group will be supporting these amendments. I personally feel that the Government's been very generous in accepting them. I don't anticipate that there will be negative consequences for the Government to report upon. Certainly, the experience in the Republic of Ireland does not suggest this.

Janet Finch-Saunders, in responding to the previous debate, referenced the poll in New Zealand. Of course, the poll in New Zealand was just that—it was an opinion poll commissioned by the campaign group that had campaigned against the repeal of the defence of reasonable chastisement, and there is a great historical trend here, is there not, Llywydd? There is always a tendency, from the time of Aristotle and Pliny, to reflect back on the generation below us and see them as worse behaved than we were. This, of course, is very rarely borne out by the facts. I would refer Members to the Irish experience, where none of the anticipated difficulties have occurred, but since the Government is prepared to accept this amendment, and since it's creating work for them and not for us, Plaid Cymru will happily support the amendments as they stand, though of course we would hope to be the responsible Government in some of the reporting period.

Photo of Elin Jones Elin Jones Plaid Cymru 6:19, 21 January 2020

(Translated)

The Deputy Minister, Julie Morgan. 

Photo of Julie Morgan Julie Morgan Labour

Diolch. I welcome this amendment, and the willingness of Janet Finch-Saunders and Suzy Davies to work with me to find a middle way, really, regarding the post-implementation review. I'm grateful to Janet for working with me and my officials to draft this amendment, and I thank Helen Mary Jones again for her support and her group's support.

Following Stage 2 and a productive meeting with my Conservative colleagues, I can confirm that I've written to the strategic implementation group to ask them to consider the feasibility of including issues raised during Stage 2 as part of the post-implementation review. They will need time to thoroughly consider these issues, so I would anticipate receiving an initial response over the summer. I will keep the committee updated with their response.

It was clear from the recommendations made by the committees at Stage 1 that they shared my view of the importance of a post-implementation review of the effect of the abolition of the defence of reasonable punishment. For this reason, I brought forward a Stage 2 amendment to include a duty to undertake such a review on the face of the Bill, which was agreed. 

The post-implementation review of this Bill will not be a single piece of work, but a continuous programme of work during the years following the commencement of section 1. Firstly, we will continue to conduct attitudinal surveys, which will be used to track changes in attitudes towards the physical punishment of children and the prevalence of parents reporting that they use physical punishment. The surveys will also be used to monitor the effectiveness of our awareness-raising campaign. And then secondly, through a dedicated task and finish group, we're working with organisations to put in place arrangements to establish robust methods for capturing meaningful data relating to the Bill and to consider the possible impact on services. The group includes representatives from the following organisations: the police, Crown Prosecution Service Cymru, Children and Family Court Advisory and Support Service Cymru, Her Majesty's Courts and Tribunal Service, directors of education, directors of social and children's services and NHS safeguarding. This is a very enthusiastic group, who are working very hard on this issue. 

So, I support this amendment and the consequential amendment. 

Photo of Elin Jones Elin Jones Plaid Cymru 6:22, 21 January 2020

(Translated)

Janet Finch-Saunders to reply. 

Photo of Elin Jones Elin Jones Plaid Cymru 6:20, 21 January 2020

(Translated)

Okay. Response, therefore. If amendment 6 is not agreed, amendment 11 will fall. The question is that amendment 6 be agreed. Does any Member object? No. Therefore amendment 6 is agreed in accordance with Standing Order 12.36.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.