Lib Dem MSP slams Scottish Government in children smacking row
A Liberal Democrat MSP has branded the Scottish Government's announcement that it has no plans to ban parents from smacking their children a "national shame".
A Liberal Democrat MSP has branded the Scottish Government's announcement that it has no plans to ban parents from smacking their children a "national shame".
Liam McArthur questioned the Scottish Government on the "continued legality of the 'justifiable assault' defence", which parents can use in court to defend violence towards a child.
Mark McDonald, minister for childcare and early years, said the Scottish Government would not repeal the legal defence.
Mr McArthur said: "It is indefensible that SNP ministers continue to ignore pleas to provide children with equal protection from assault.
"Why should they have less right to protection from violence than adults living in the same household?
"The evidence from dozens of studies is irrefutable - it damages children's wellbeing, risks turning into physical violence and increases problems such as aggression and anxiety which can continue into adulthood.
"That is why experts from the UN to the Children's Commissioner, police officers, social workers, nurses, children's and parenting charities, and many more, have called for children to be given equal protection under the law.
"The evidence from all the other countries that have made this change is that it doesn't result in loving parents being criminalised.
"It is a source of national shame and not at all justifiable that our law continues to accommodate what it describes in Victorian fashion as the 'justifiable assault' of children."
In response to the written parliamentary question, Mr McDonald said: "The Scottish Government is opposed to the physical punishment of children.
"The Scottish Government does not, however, wish to see parents unnecessarily or unreasonably criminalised and we have no plans to bring forward legislation to repeal existing legal defences for parents in relation to physical punishment."
He said laws already in place ban punishing a child by shaking, using an implement or hitting them on the head and courts are also legally bound to consider factors laid down by the European Court of Human Rights in determining where other forms of physical punishment are lawful.
Green MSP John Finnie is planning to lodge a bill to enable MSPs to vote on the issue and said his next step is to hold a public consultation, and is confident the bill will attract cross-party support.
He said: "The UK is one of only four European Union countries that still allows children to be subject to physical assault in the guise of discipline."
The Church of Scotland has called on MSPs to back the bill which would prevent parents from smacking their children.