'Room for debate' on smacking ban

Smacking children under three could become illegal

Scotland's justice minister has promised to listen to parents who are opposed to a ban on smacking toddlers.

Jim Wallace said there was still room for debate before proposals making it illegal to smack a child under the age of three become law.

The new legislation is due to be published next month.

However, a survey of parents conducted by the Scottish Parent Teacher Council (SPTC) has suggested that the majority are opposed to a ban on smacking.

The principle here is that there is an age under which it is wrong for a child to be struck

Jim Wallace
Justice Minister

The research also revealed that most respondents were against using any sort of implement to hit children.

In December last year the Scottish Executive spelled out plans to increase the protection afforded to children under the law.

A key part of the planned reforms, contained in the Criminal Justice Bill, was the executive's desire to make it illegal for parents to smack any child aged three and under.

Other proposals in the bill included moves to impose tougher sentences for child pornography crimes.

Judith Gillespie: "Important principle"

Ministers believe that very young children should not be physically punished because they do not understand why they are being chastised.

However, Mr Wallace said that he was prepared to listen to the views of parents.

"The principle here is that there is an age under which it is wrong for a child to be struck," he said.

"I am sure that it's a principle which the majority of parents support.

"We think that age should be three but we want to hear the views of others. There is a line that should be drawn."

Excessive punishment

He also stressed that the executive did not want to criminalise parents

"The law at present is very unclear on this area as prosecutions in the courts have shown.

"We need to bring some clarity to the law and we need to protect children from excessive punishment," said Mr Wallace.

The survey, released on Friday by the SPTC, involved about 2,500 parents.

It said 56% were against a smacking ban, while the remainder were in favour of it.

This proposal is a needless interference into the way parents choose to bring up their own children

Lord James Douglas-Hamilton
Scottish Tory MSP

An overwhelming majority also approved of plans to stop children of any age being hit with a strap or other implement.

Judith Gillespie, of the SPTC, said: "What's important about this is that it's not a question about whether you do or do not smack children under three, this is about whether you should have a law.

"It's about whether the law should invade the privacy of your home and whether the law should be there to rule the relationship between a parent and a child.

"It's a very important principle, because if the law can go this far the law could move on to other areas, for example, by instructing parents to put their children to bed at a certain time."

Kelly Bayes of children's charity Barnardo's said it has carried out a "number of surveys" and a Mori poll in 1997 found a majority of parents would support a ban.

'Clear message'

But that was on the understanding that there would be no prosecution for "very trivial matters".

However, the Scottish Tories have also voiced their opposition to a smacking ban.

Justice spokesman Lord James Douglas-Hamilton said the proposed legislation was an "insult to Scotland's parents".

The Lothians MSP said: "This proposal is a needless interference into the way parents choose to bring up their own children and could only be enforced if a police officer or CCTV camera was placed in every hearth and home in the country."