Committee
Justice 2 Committee, 27 Nov 2002
27 Nov 2002 · S1 · Justice 2 Committee
Item of business
Criminal Justice (Scotland) Bill: Stage 2
I echo the first point that the convener made. I do not think that members of the committee are 100 miles apart on the issue, which the popular press has sometimes suggested. All committee members support the principle of protecting children. We just differ in how we seek to achieve that. I would have put that worthwhile comment on the record even if the convener had not done so.The position that I advocate would clarify the law for parents. Bill Aitken mentioned support for parents in the difficult job that they do. I do not underestimate that job—indeed, from personal experience, I know that a large number of parents face an extremely difficult job in bringing up their children in circumstances that can be trying. Anyone who examines physical abuse of children and tracks it back will see that, in a substantial number of cases, the abuse started when the parent claimed or thought that they were administering discipline. When they found that that did not work, they administered progressively more severe discipline until they reached a point at which the law—even the present law—had to take some sort of action because the parent was deemed to be have behaved inappropriately and to have crossed into child abuse. That is the danger that the current situation presents and it is what underpins my position.I welcome what the Minister for Justice said this morning about the Executive not viewing legislation as being the only way forward. It was made clear throughout the Executive's evidence that a continuing public education campaign was essential in order to show parents—who are doing what is a difficult job—that there are ways of disciplining children other than by using physical chastisement. I am glad to hear that there will be such a campaign. The arguments have been well rehearsed and I do not think that we need say any more at the moment.
In the same item of business
Section 43—Physical punishment of children
The Convener:
Lab
I welcome Jim Wallace and the Executive officials.Amendment 121 is grouped with amendments 8, 9, 10, 122 and 45. If amendment 121 is agreed to, I cannot call...
Scott Barrie (Dunfermline West) (Lab):
Lab
Amendments 121 and 122 seek to remove the defence of "reasonable parental chastisement" that is set out in section 10 of the Children and Young Persons (Scot...
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
I welcome the opportunity to come before the committee to discuss this topic, which I seem to have discussed with it on a number of occasions. Fate has some ...
The Convener:
Lab
We were saying the same thing only this morning.
Mr Wallace:
It is important that I set out the policy objectives of section 43 at the beginning, because there has been much discussion on the issue. Some people support...
Bill Aitken:
Con
We are going over old ground to some extent, as the committee has debated this matter at considerable length and in great depth. Scott Barrie has been entire...
Stewart Stevenson:
SNP
I commend Scott Barrie for lodging amendment 121. I have not the slightest difficulty in supporting his objectives. In previous discussions, committee member...
Mr Morrison:
Lab
I support the position that has been outlined by the Minister for Justice. I cannot support the amendments that have been lodged by my colleague Scott Barrie...
The Convener:
Lab
Are you sure?
Mr Morrison:
Lab
The Child Support Agency has not contacted me. One of my children is three years of age, which is what I intended to say, and the other is 18 months. I see t...
George Lyon:
LD
I, too, support the minister and welcome his response to the committee's report. He took on board the concerns and addressed them. I respect where Scott Barr...
Mr Duncan Hamilton (Highlands and Islands) (SNP):
SNP
I would love to be a fly on the wall when Alasdair Morrison gets home. Most of the arguments have been rehearsed. I cannot support Scott Barrie's amendments ...
The Convener:
Lab
The minister is not bound to answer that question.
Mr Wallace:
Thank you. I will respond to one or two of the points that have been made. We have had a good debate on what we all recognise is a difficult subject. We have...
The Convener:
Lab
Thank you, minister. I am glad that you acknowledged that some thought had gone into the committee's stage 1 report. We spent a considerable amount of time c...
Scott Barrie:
Lab
I echo the first point that the convener made. I do not think that members of the committee are 100 miles apart on the issue, which the popular press has som...
The Convener:
Lab
The question is, that amendment 121 be agreed to. Are we agreed?
Members:
No.
The Convener:
Lab
There will be a division.
ForBarrie, Scott (Dunfermline West) (Lab)AgainstAitken, Bill (Glasgow) (Con)Hamilton, Mr Duncan (Highlands and Islands) (SNP)Lyon, George (Argyll and Bute) (...
The Convener:
Lab
Now Scott Barrie knows how Bill Aitken usually feels. The result of the division is: For 1, Against 5, Abstentions 1.
Amendment 121 disagreed to.
Amendments 8 to 10 moved—Mr Jim Wallace—and agreed to.
Amendment 122 not moved.
Amendment 45 moved—Bill Aitken.
The Convener:
Lab
The question is, that amendment 45 be agreed to. Are we agreed?
Members:
No.
The Convener:
Lab
There will be a division.
ForAitken, Bill (Glasgow) (Con)AgainstBarrie, Scott (Dunfermline West) (Lab)Hamilton, Mr Duncan (Highlands and Islands) (SNP)Lyon, George (Argyll and Bute) (...