Hansard

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 convener and members of the Equalities and Human Rights Committee for their diligent and measured consideration of the bill, which was evident throughout all the evidence sessions, which I had the pleasure of attending.

I give special thanks to the committee’s clerking team for its work and to parliamentary staff and those outwith the Parliament who facilitated the committee’s many external evidence-taking visits. My thanks go also to the witnesses who gave evidence and everyone who contributed comments from the outset of the process. I welcome the 75 per cent support that my consultation drew and the backing of members from all parties in the Parliament.

I thank the many colleagues from all parties for their support and advice as my bill progressed from the start of the member’s bill process. I am grateful to the Scottish Government for its support of my bill, and to the Minister for Children and Young People, Maree Todd, for her support—I look forward to her contribution to the debate.

I extend big thanks to Nick Hawthorne of the Parliament’s non-Government bills unit and Catriona McCallum from the office of the solicitor to the Scottish Parliament for their work, and to my office manager, Steven Dehn, who has tirelessly led work on the bill in my office.

In June 2016, shortly after the Scottish Parliament election, I was approached by a coalition of children’s charities—Barnardo’s Scotland, NSPCC Scotland and Children 1st—and the Children and Young People’s Commissioner Scotland’s office to consider taking forward a member’s bill on the simple proposal that children should have the same legal protection from assault as adults do. I am immensely grateful for their on-going support and encouragement since then.

That was not my first foray into the topic. Towards the end of the previous parliamentary session, working with Barnardo’s, I had tried to squeeze an amendment on the issue into the Criminal Justice (Scotland) Act 2015, but the then convener of the Justice Committee ruled it outwith the scope of the bill. In hindsight, I am grateful for that decision, because it has allowed our Parliament and wider civic society an opportunity over the past few years to broaden discussions about the rights of our children and young people in Scotland. I know that many members from across the chamber are looking forward to supporting the Scottish Government in incorporating the United Nations Convention on the Rights of the Child into Scots law. That was recommendation 16 of the Equalities and Human Rights Committee’s report “Getting Rights Right: Human rights and the Scottish Parliament” in November 2018. I warmly welcome the committee’s decision.

The period of debate and reflection has strengthened my proposals and has highlighted a lack of awareness around the issue. On many occasions, I have been contacted by or have even encountered people who are surprised at the need for the bill, many believing that physical punishment of children had been prohibited a long time ago. Of course, it was not, and this important issue has not been looked at for almost 16 years, since the last weeks of the first parliamentary session in 2003. I hope that the few members who were there for that debate will perhaps agree that now is the time.

My intention in bringing forward the bill is to bring clarity to the law by removing the defence of reasonable chastisement, sometimes referred to as justifiable assault, and to send a clear message that the physical punishment of children is not acceptable. The growing body of international evidence shows that the physical punishment of children is harmful to their development and is not an effective means of discipline. Professor Sir Michael Marmot of University College London, in the foreword to the report “Equally Protected?”, published in 2015 by the charities I mentioned, stated unequivocally:

“The international evidence could not be any clearer – physical punishment has the potential to damage children and carries the risk of escalation into physical abuse.

It is now time for action. On the issue of physical punishment, Scotland is out of step with Europe and increasingly, the world. There is an urgent need for Scotland and the rest of the UK to comply with international human rights law and to prohibit all forms of physical punishment.”

Dr Anja Heilmann, also of University College London, a compelling witness to the Equalities and Human Rights Committee, told the committee that the evidence from the research

“shows very clearly that such punishment has the potential to harm children;”

and importantly

“that it is not effective as a parenting strategy, because it tends to increase problem behaviour and children’s socioemotional difficulties”.

That is important, as those problem behaviours in children do not disappear at the age of 16; they are stored up and damage our future society.

I want to quote from the briefing that members have received—I am grateful to all the organisations that have provided briefings for our debate, which, as ever, are extremely helpful. If only I could find the one that I am looking for now, that would be even more helpful. Dr Tamasin Knight of the Faculty of Public Health in Scotland said:

“Childhood physical punishment is linked to adult aggression and anti-social behaviour, including aggression and sexual violence within intimate partner relationships.”

Often in Scotland, we talk about zero tolerance of domestic abuse and violence, yet we allow the use of physical punishment for children. That sends a message to our children that hitting someone is a way of resolving a dispute or of showing that they do not like someone else’s behaviour. The bill is a vital step in ensuring that we see the necessary change in our culture, much as the smoking ban was a necessary legislative step in making Scotland a healthier place to live.

Opinion polls asked different questions and showed a mix of views, with some against the bill. However, the consultation on the specific proposal saw 75 per cent in favour.

The Equalities and Human Rights Committee also heard that, in none of the countries that now prohibit the physical punishment of children was public opinion with the legislative change at the time of the change. I firmly believe that, as with the smoking ban, we will see public opinion change over time. As Bruce Adamson, the Children and Young People’s Commissioner Scotland, told the committee:

“You need the legislation to deliver the culture change—we know that to be true. In that regard, this issue could be seen in the same way as seat belts in cars, drink driving and smoking in pubs. On such issues, you need to lead with the legislation in order to deliver the culture change.”—[Official Report, Equalities and Human Rights Committee, 7 March 2019; c 9.]

It is worth noting the opinions of young people in Scotland, which are perhaps more aligned with the aims of the bill. We often refer to the Scottish Youth Parliament in this Parliament because of the good work that it does. In its manifesto, “Lead the Way”, the SYP said that it consulted its members and received 72,744 responses from 12 to 25 year olds—an astonishing figure—of which 82 per cent agreed that all physical assault against children should be illegal.

Feedback from the 260 pupils who participated in the Equalities and Human Rights Committee meeting in a box, to gather evidence from children and young people, showed that 66 per cent of them supported the bill.

My bill aims to bring Scotland into line with what appears to be becoming the international standard in 54 countries. Sweden was the very first country in the world to adopt it in 1979, and Ireland adopted it in 2015. I thank Jillian van Turnhout, the former Irish senator, who secured equal protection for the children of the Irish republic, for her knowledge and support throughout this process. Nepal adopted the standard in 2018 and this year, the States of Jersey will also do so. That is the direction of travel.

I am sure that all parties will agree that we should work together to ensure that Scotland becomes the best country in the world for children to grow up in. I strongly believe that, if passed, my bill will play a vital part in making that aim come to pass. I am pleased to note the minister’s comments that the Scottish Government is working closely with relevant organisations on the next steps to ensure that, should it be passed, the bill is implemented satisfactorily.

I take this final opportunity to repeat my thanks to the committee for its support for the principles of the bill.

I move,

That the Parliament agrees to the general principles of the Children (Equal Protection from Assault) (Scotland) Bill.