Date: September 2002

Scotland drops proposal to ban smacking of babies and toddlers

Scotland's proposals to ban all corporal punishment of children up to their third birthday were dropped by Scottish Ministers on Friday September 13 2002, following publication of a report that day opposing the proposal from a Committee of the Scottish Parliament. The Justice 2 Committee had been scrutinising the Criminal Justice (Scotland) Bill which included this and other proposals to limit corporal punishment.

It appears that in the run-up to Scottish Parliament elections - to be held in May 2003 - no party was prepared to support the proposals, although individual Ministers, including the Minister for Education and Young People, Cathy Jamieson MSP and the Deputy Justice Minister, Dr Richard Simpson MSP, have previously been strong personal supporters of full abolition.

The seven-person Justice 2 Committee said it "strongly supports any measures which will reduce harm to or abuse of children and welcomes the general trend in society towards less physical punishment of children". It suggested that the option of public education and improved support for parents, as an alternative to legislation, may have been dismissed too easily.

A narrow majority of the Committee concluded that it "is reasonable for there to be a blanket ban on blows to the head and accepted the intention behind the ban on shaking or the use of an implement while wishing to see further clarification of these provisions". But the Committee did not support the inclusion in the Bill of the provision to ban the physical punishment of children under three: "We do not wish to see an increase in the prosecution of parents for moderate physical punishment and we do not accept that it is realistic to remove an available defence to the charge of assault while at the same time reassuring Parliament that the number of prosecutions will not increase as a result". Only one member of the Committee - Scott Barrie MSP - supported the proposal. Click here for the full report.

In a statement released later the same day, Justice Minister Jim Wallace said he welcomed the Justice Committee's support for 67 of the 70 sections in the Criminal Justice Bill. However, he added that, on the issue of a ban on smacking of very young children, it was clear there was insufficient support among MSPs in the Parliament and he would be recommending to Cabinet that the age-related element should not proceed.

He confirmed that the age-based ban would be dropped during the first major debate on the Bill in the Scottish Parliament, on September 18. For full official report click here.

The Scottish Executive published a report on the day of the debate: Disciplining Children: research with parents in Scotland.

The Bill now goes back to the Justice 2 Committee for further debate on amendments. It is due to finish its passage through the Scottish Parliament early in 2003.

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