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-435

CADRP-435

 

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 feel.that there are sufficient powers already in existence to a t both as a detergent and sanction against child abuse. The removal of this parental defence removes what has been a reasonable means of discipline that a child can understand and respect. It work alongside other techniques. It does not lead to abuse per se. Nor is it abusive in itself.. The removal.of this defence will effectively criminalise even the mildest physical correction or control. This cannot be acceptable. Limits must be drawn on the State's right to interfere with the management of family life when conducted without breach of current legal protections. It is unnecessary.

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)

No. Sufficient criminal laws exist to address excessive use of physical control, which amounts to assault.

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)

Democratic mandates must be agreed and respected.

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)

No.

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)

Yes. It will.lead to the criminalisation of reasonable physical restraint which will impact adults and children adversely.

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)

It will be a boon for legal firms and waste of valuable and presurised police and social care services.

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)

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