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Plenary, 24 Feb 2000

24 Feb 2000 · S1 · Plenary

Item of business

Children (Physical Punishment)

Fabiani, Linda SNP Central Scotland Watch on SPTV

I join my colleagues in welcoming the consultation document; it is clear that this area of policy must be updated. The document demonstrates that much of the existing law centres on the rights of parents or those caring for children rather than on the rights of the child. The Executive and the Parliament will be criticised by some parents for interfering with their rights. Parental rights are important, but in a civilised society a child's right to protection must take precedence over a parent's right to chastise. I look forward with interest to the outcome of the consultation; I hope to hear the views of parents and young people, rather than those of the professional reactionaries.

Before dealing with my principal concern, I want to state my doubts about having a complete ban on the physical chastisement of children, even by parents. Although I welcome the intention to make progress in this area, I am not yet convinced that an outright ban is either justified or practical. I draw members' attention to the findings of the MORI poll that was conducted on behalf of the Children are Unbeatable! campaign. The poll found that 78 per cent of parents and young people believed that children should have the same protection under the law on assault, provided that

"they can be sure that parents will not be prosecuted for trivial smacks."

I take on board Scott Barrie's point that the threat of such prosecution might be an erroneous perception; however, the perception exists and must be tackled.

Although, after much consideration, I endorse the views expressed by that 78 per cent of people, the law must be more comprehensive and must take account of the situation where other adults find themselves in a parental role. The issue is how we proceed in a way that achieves cohesion, a greater understanding of the issues and a better future for our young people.

Although much in the consultation document is commendable, the Executive has not yet properly focused on the rights and interests of the child. That is most clearly illustrated by the debate about protection for children who are in child care centres and private pre-school centres, and who are looked after by child minders. I commend to the Executive the application of the non-discriminatory approach to children's rights contained in the 1989 UN Convention on the Rights of the Child.

During the consultation, we must consider whether it is acceptable to ban corporal punishment of children in publicly funded pre-school centres while permitting the same punishment of children in privately funded pre-school centres. From the perspective of children, I can see no justification for such an approach. I question the equity of some children losing their right to protection from assault simply because their parents belong to a certain social or economic group. Human rights, including those of children, should not be removable through the application of a cheque book.

The Executive's position that we should move forward with legislation at a different pace in the public sector from that in the private sector is deeply worrying. If it is impossible to address the issue under the Standards in Scotland's Schools etc Bill, I urge the Executive to initiate discussions with a view to introducing parallel legislation for both the public and private sectors. The commitment to a child's most fundamental right must be more specific than a statement of future intent.

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Plenary, 24 Feb 2000

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