Date: March 2002

Scotland debates legislation to ban smacking for all children under three

The Scottish Parliament has started to debate proposals to ban all smacking of children aged under 3, and introduce for all children a ban on use of implements, shaking and blows to the head. Also smacking will be banned in all forms of daycare including childminding.

The proposals are contained in a Criminal Justice (Scotland) Bill which, together with an explanatory memorandum, can be viewed at http://www.scottish.parliament.uk/parl_bus/legis.html#50

The proposals were first announced in September and were confirmed in a White Paper, issued on December 12 2001, which set out the contents of a Criminal Justice Bill. They could be in force by the end of 2002.

Clearly, this is a large step towards the end of all corporal punishment of children throughout the UK. A campaigning Alliance of more than 300 UK organizations — the "Children are unbeatable" Alliance (www.childrenareunbeatable.org.uk) is seeking a ban on all corporal punishment, to give children the same protection as adults under the law on assault. The Alliance hopes to convince Members of the Scottish Parliament (MSPs), as they debate the proposals, to accept that full reform is in the interests of children and parents.

The Scottish Executive held a public consultation on proposals for law reform in 2000. The analysis of responses is available at www.scotland.gov.uk. Of the 220 responses received, 34 per cent "are opposed to any physical punishment and call for a total ban"; 17 per cent "support the right of parents to discipline their children as they see fit and are opposed to any change in the law"; and 43 per cent "are prepared to consider the Executive’s proposals (to limit rather than remove the defence of "reasonable chastisement"), albeit often reluctantly".

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