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Inverness-based MSP spearheading moves toward Scotland being first in UK to ban smacking children


By Neil MacPhail

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John Finnie....Picture: Callum Mackay.
John Finnie....Picture: Callum Mackay.

AN historic bill by north MSP John Finnie to ban smacking children was set to be approved by the Scottish Parliament today.

The change to the law will make Scotland the first country in the UK to make it illegal to smack children.

And make our country one of the best in the world to bring up children in, said Mr Finnie, the Inverness-based Scottish Greens representative for the Highlands and Islands.

His bill has won the support of his own party, as well as the SNP, Labour and Lib Dems, with only the Conservatives opposed.

A vote on the proposed ban was taking place yesterday afternoon in the Scottish Parliament, and it is expected to be passed by an overwhelming majority by MSPs.

Mr Finnie said that several years ago he was approached by a coalition of children's charities and urged to promote the controversial change in the law.

He said that the approach came after he had proposed an amendment to the Criminal Justice Act on the vexed question, but it had been ruled as outwith the scope of that bill.

Mr Finnie added: "On reflection that was probably a good decision because it has given us time for a thorough investigation and consultation although of course there was delay for several years.

"But now my bill has attracted widespread support from many groups and organisations including children's charities, police, social work and the Crown."

There have been calls for England and Wales to follow suit in making smacking kids a criminal offence

Some polls have suggested a majority of people in Scotland are opposed to a smacking ban – with critics arguing that the current law is sufficient, and that the changes risk criminalising "good" parents.

However the responses to a consultation on Mr Finnie's bill were in favour of a ban, and the move has been widely supported by children's charities.

The bill will end the defence of reasonable chastisement, meaning parents could face prosecution for any use of physical punishment on their children. It will give children have the exact same protection from assault as adults. Mr Finnie said it was "staggering" that children don't have the same protection as adults from assault.

The bill uses the same definition of physical punishment, sometimes referred to as corporal punishment, used by the UN Committee on the Rights of the Child.

It includes hitting such as smacking, slapping and smacking with a hand or an implement, as well as kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion.


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