Meeting of the Parliament 28 May 2019
I am pleased to speak for the Scottish Government on the Children (Equal Protection from Assault) (Scotland) Bill. As the Minister for Children and Young People, I see the bill as forming a key part of our work to ensure that Scotland is the best place in the world in which to grow up.
I thank John Finnie and his team for their hard work and dedication in progressing the bill. I also thank Ruth Maguire and the Equalities and Human Rights Committee for their careful consideration and their reasoned and balanced report.
The Scottish Government supports removal of the reasonable chastisement defence, and I welcome the committee’s support for the general principles of the bill, as set out in its report. There is a strong rationale for our shared position. The name of the defence—reasonable chastisement—is antiquated. At the heart of the defence is the concept that it can sometimes be reasonable to strike a child. That is completely at odds with our aim of Scotland being the best place in the world for children to grow up. We can contribute to that aim by providing children with the same legal protection from assault as adults have. That principle is at the heart of the bill.
Scotland can be at the forefront in the United Kingdom of providing such protection for children. Removal of the defence will help to deliver the best possible outcomes for children. It will assist them in growing up feeling loved, safe and respected so that they can realise their full potential. Removal of the defence is consistent with international treaties, with best practice in human rights and with the United Nations Convention on the Rights of the Child.
In addition, removal of the defence reflects the growing body of international evidence that shows that physical punishment of children is harmful and ineffective.