Lords reject an outright ban on smacking

Published on Tuesday 6 July 2004 03:45

A BID to outlaw the smacking of children in England and Wales failed last night when the House of Lords opted for a compromise allowing parents to use "mild" punishment.

Campaigners denounced the decision as "shameful, unjust and irresponsible" and MPs will stage a second push in the Commons.

In Scotland, the country’s top child-protection official had called for smacking to be banned in England - even though ministers north of the Border have ruled out such a move.

Kathleen Marshall, Scotland’s Commissioner for Children and Young People, said

: "The law should send out a clear message that hitting children is both disrespectful and wrong. No form of ‘smacking’ or hitting should remain acceptable under the law."

In the Lords, one cross-bench peer, Baroness Finlay of Llandaff, appealed to fellow peers during the report stage of the Children Bill to outlaw all smacking of children in England.

Lady Finlay protested that an alternative proposed by Liberal Democrat Lord Lester of Herne Hill would allow children to be smacked behind closed doors. But peers rejected proposals for a ban by 250 votes to 75, and went on to back the alternative compromise - supported by the government - allowing "mild smacking", voting 226 to 91, a majority of 135.

The amendment was backed by Lord Laming, who headed the inquiry into the death of eight-year-old Victoria Climbie who was abused and tortured by her great aunt and her boyfriend.

"We would all like every parent to have the skills and ability not to have to resort to physical punishment," he told BBC Radio 4’s The World at One programme.

"The reality is quite different at the present time for many parents who may be tired, may be exhausted, may be harassed for a whole variety of reasons. The most important thing is to pursue constructive approaches towards the family and not rather negative ones."

However, Tony Samphier, of the Children Are Unbeatable! Alliance, said the peers had "failed children".

"It sends out a dangerous message to society that is still legally acceptable to assault a child," he said. "Hitting children is as unacceptable as hitting anyone else, and the law should clearly say so."

The Lords were voting on a series of amendments to the Children Bill.

Labour peers had been ordered by whips to vote against the outright ban.

However, they were given a free vote on the amendment allowing "moderate" smacking.

The senior Labour MP David Hinchliffe said he would push for an outright ban when the bill reaches the Commons.

Mr Hinchliffe, chair of the health select committee which has called for such a ban, said 100 back-benchers and a "significant" number of ministers supported him.

"I genuinely hope the government will have the common sense to allow a free vote and not whip it," he added.

In contrast, Conservatives suggested Lord Lester’s amendment went too far.

However, the shadow secretary of state for the family, Theresa May, said: "As a result of these plans, we could see the authorities snooping into the lives of normal families, and missing those committing real acts of child abuse.

"Who will decide what constitutes an acceptable smack and one which breaks the law?

"There is no point in bringing in legislation which may prove to be unenforceable."

In Scotland, the Labour-Liberal Democrat administration at Holyrood unveiled plans in 2001 to outlaw the smacking of children under three, by removing the legal defence of reasonable chastisement.

But the Executive dropped the plan the following year after a Scottish Parliament committee criticised the proposed legislation.

Ms Marshall said that Article 19 of the United Nations convention on the rights of the child set out the right of children to protection from all forms of violence by parents or other carers.

"The committee on the rights of the child, which monitors implementation of the convention, has insisted that corporal punishment, however light, in the family or in schools or other institutions is incompatible with the convention," she said.

European child ombudsman bodies had called for an end to violent and humiliating discipline as "a long overdue reform", said Ms Marshall.

She added: "Hitting children is disrespectful and dangerous. Children deserve at least the same protection from violence that we as adults take for granted."