Hansard

The Deputy Presiding Officer (Linda Fabiani) SNP

The next item of business is a debate on motion S5M-17342, in the name of John Finnie, on stage 1 of the Children (Equal Protection from Assault) (Scotland) ...

John Finnie (Highlands and Islands) (Green) Green

I am delighted to be opening the debate on the general principles of the Children (Equal Protection from Assault) (Scotland) Bill. I give thanks to the conve...

Ruth Maguire (Cunninghame South) (SNP) SNP

I am proud to speak in this debate on behalf of the Equalities and Human Rights Committee. I give my heartfelt thanks to our diligent and professional clerki...

The Minister for Children and Young People (Maree Todd) SNP

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 Peo...

Liz Smith (Mid Scotland and Fife) (Con) Con

I am listening carefully to what the minister is saying. If we are listening, has the minister given any consideration to the strong views of the majority of...

Maree Todd SNP

When parents were asked, more than 90 per cent of respondents said that they believe that children should have the same protection against assault as adults ...

Oliver Mundell (Dumfriesshire) (Con) Con

Can the minister set out how many people in Scotland thought it is appropriate to criminalise parents for such activities? Once the defence is removed, under...

Maree Todd SNP

I will happily tackle that point in my summing up. We have been over that at committee: Oliver Mundell is regurgitating the same arguments. By removing the ...

Oliver Mundell Con

If the minister wants to talk about clarity, is she able to give just one example in which a person would be criminalised for an action that would currently ...

Maree Todd SNP

Let me be clear. The change in legislation does not create a new offence. The offence already exists: the offence is assault and there is currently a defence...

Liz Smith Con

Will the minister give way?

Maree Todd SNP

This is the last intervention that I will take.

The Deputy Presiding Officer SNP

I can allow you a little extra time, minister.

Liz Smith Con

Can the minister explain with clarity, as I think is her role, why she believes that the current law is bad law?

Maree Todd SNP

I make it absolutely clear that the Scottish Government thinks that it is not acceptable to use physical punishment on children. We believe that children sho...

Oliver Mundell (Dumfriesshire) (Con) Con

When I was elected in 2016, I did not imagine that I would be standing up in the chamber to oppose a bill that calls for equal protection of children from as...

John Finnie Green

Has Oliver Mundell read what the explanatory notes say about the public interest test? Does he understand that that is not changing? He was present when poli...

Oliver Mundell Con

I look forward to the Lord Advocate coming to the committee on 6 June to explain why, in its supplementary written evidence, the Crown Office and Procurator ...

Alex Cole-Hamilton (Edinburgh Western) (LD) LD

Will the member take an intervention?

Oliver Mundell Con

I will not. As legislators, our first duty must be to ensure that legislation is workable. My concern is this. I asked the Scottish Government’s legal team ...

John Finnie Green

I say again that Oliver Mundell is implying that there will be some new change of regime regarding investigation and prosecution. Absolutely nothing is chang...

Oliver Mundell Con

That comment is, quite frankly, insulting. It makes a fundamental error on a point of law, which is that, in this country, where a defence exists, it is cons...

Gail Ross (Caithness, Sutherland and Ross) (SNP) SNP

Will the member take an intervention?

Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP

Will the member take an intervention?

The Deputy Presiding Officer SNP

The member is in his final minute.

Oliver Mundell Con

Assault can include a gesture that places a person in a state of fear, even if there is no physical contact. That seems to be a very broad category of behavi...

Mary Fee (West Scotland) (Lab) Lab

I welcome the opportunity to participate in the stage 1 debate on the Children (Equal Protection from Assault) (Scotland) Bill. Let me say at the outset that...

Oliver Mundell Con

Can the member give a guarantee, then, that no parents will be prosecuted after the law changes?

Mary Fee Lab

I think that the minister more than adequately covered that point when Oliver Mundell intervened during her speech. I say to Oliver Mundell that I have stru...

Liz Smith Con

I could not agree more with Mary Fee’s point, but does she recognise that there is a fundamental difference in law between the terms “assault” and “reasonabl...