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19th Oct 2017

Smacking children will be banned in Scotland under new legislation

A welcomed change.

Laura Holland

Countries with smacking bans have less youth violence, claims research

A welcomed change.

New legislation put forward by a Scottish politician could see smacking children being banned in Scotland. Green MSP John Finnie first put forward the bill in May, and the government has today confirmed that it will back it.

According to Sky News, he received huge support for the bill, with the majority agreeing to remove Scottish law’s defence of “justifiable assault” of children, which allows parents to smack their children.

A Scottish government spokeswoman said:

“Mr Finnie’s proposals are not a Scottish government bill, however we will ensure the proposals become law.

We believe physical punishment can have negative effects on children which can last long after the physical pain has died away.

We support positive parenting through, for example, funding for family support services.”

Mr Finnie added:

“It is especially welcome that the Scottish government has reiterated its support for my bill because there is clear evidence that the use of physical punishment is detrimental to children’s long-term health and wellbeing.”

In Ireland, a ban on smacking came in to place in December 2015. The Minister for Children at the time, James Reilly, signed the commencement order which saw the “reasonable chastisement” defence abolished.

In other words, any parent who slaps their child will not be able to rely on this defence in a court of law.

Reilly said:

“The removal of the Common Law defence sends a strong message which will, I hope, lead to a cultural change across Irish society that corporal punishment is wrong.

We have not created any new offence but rather we are removing something that has its roots in a completely different era and societal context.”

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