Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

Tystiolaeth i’r Pwyllgor Plant, Pobl Ifanc ac Addysg ar gyfer craffu Cyfnod 1 Bil Plant (Diddymu Amddiffyniad Cosb Resymol) (Cymru)

Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

CADRP-250

CADRP-250

 

About you

Individual

1      The Bill’s general principles

1.1     Do you support the principles of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill?

— No

1.2     Please outline your reasons for your answer to question 1.1

(we would be grateful if you could keep your answer to around 1000 words)

I am a parent of a 2 year old with another child on the way and I have occasionally used smacking as a form of discipline, eg for repeated disobedience.  I don't do this in anger or immediately lash out but take him away from the situation, administer the smack, explain that I love him and am doing it for his good and we have a cuddle.

I don't believe I am harming my child by doing this otherwise I would not be doing it.  Certainly he finds it unpleasant, but that is surely the case with all forms of discipline.  In common with other forms of discipline I am doing it for his good so that he learns right from wrong and out of love.

Were the bill to be implemented I would be faced with two choices; to either change my behaviour in ways that I believe would not be in my child's best interest, or to risk prosecution, which as well as the stress it would place on me, would also not be in the best interests of my child.

1.3     Do you think there is a need for legislation to deliver what this Bill is trying to achieve?

(we would be grateful if you could keep your answer to around 1000 words)

I believe the existing law already protects children from the kind of physical punishment (the unreasonable kind) and therefore there is no need for this legislation.

I believe the best guarantor of a child's rights is a loving family not abstract charters and therefore the government should be focusing on supporting families rather that legislating in such a way that intrudes into family life.

2      The Bill’s implementation

2.1     Do you have any comments about any potential barriers to  implementing the Bill? If no, go to question 3.1

(we would be grateful if you could keep your answer to around 1000 words)

My question about the implementation is how the public interest test will be applied to the decision of whether or not to prosecute.  To my mind, I cannot see a circumstance where is would be in the best interest of the child to prosecute a parent for reasonable chastisement.  Can examples be provided where the government considers that this test will be met?

2.2     Do you think the Bill takes account of these potential barriers?

(we would be grateful if you could keep your answer to around 1000 words)

The Bill does not seem to spell this out.

3      Unintended consequences

3.1     Do you think there are there any unintended consequences arising from the Bill? If no, go to question 4.1

(we would be grateful if you could keep your answer to around 1000 words)

I fear for the child who is removed from their parents' custody because of the enforcement of this change.

I believe there are other more general harms to children from this emphasis on children's rights in such a way that aims to shield children from every possible adversity.  The danger is that they will see themselves as fragile which becomes a self-fulfilling prophesy.  As they transition into adulthood they find themselves unable to cope with the hardships that are a normal part of life and suffer mental health problems.  Of course we should aim to protect children from serious harm but there is a lot of evidence that children are actually anti-fragile, that is exposure to difficulties actually makes them stronger.  I would argue that reasonable chastisement is one way that this happens.  For more information on this point I would recommend 'Anti-fragile' by Nassim Taleb and 'The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure' by Greg Lukianoff and Jonathan Haidt.

4      Financial implications

4.1     Do you have any comments on the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum)? If no, go to question 5.1

(we would be grateful if you could keep your answer to around 1000 words)

Since a number of costs are excluded it is fair to state that the financial costs are an under-estimate.  I would have thought that it would be possible to come up with a better estimate than 'zero' for these areas and therefore get closer to the actual costs.

I do resent that my tax is being used in this way to make a judgment on my parenting style and ability with the threat of arrest if I don't comply.

5      Other considerations

5.1     Do you have any other points you wish to raise about this Bill?

(we would be grateful if you could keep your answer to around 1000 words)

In the next election I will vote for a party that promises to repeal or at least issue guidance that it is never in the public interest to prosecute for reasonable chastisement.