Chamber
Plenary, 20 Feb 2003
20 Feb 2003 · S1 · Plenary
Item of business
Criminal Justice (Scotland) Bill
I will confine my remarks to the physical punishment of children.
The bill is a step in the right direction, but it is a small step. As Richard Simpson suggested, it pales into insignificance in comparison to the actions that are being taken by an increasing number of countries throughout the world to end the hitting of children.
Most members know that I fully support all the organisations that formed a view of the damage caused by the physical punishment of children. I support the aim of those organisations to promote the idea that it is no more acceptable to smack a child than it is for one adult to hit another. That aim is based on the principle and the very strong conviction that children also have human rights.
On a number of occasions in the chamber we have discussed the proposal for a commissioner for children and young people, which is progressing with all-party support. Members should be reminded that the role and remit of the commissioner is underpinned by the United Nations Convention on the Rights of the Child, which is the same convention that states that Governments are required to protect all children who are in the care of their parents from all forms of physical and mental violence. We need to take action to comply with the recommendations of the United Nations Committee on the Rights of the Child. The provisions that we are endorsing today do not do that.
The bill is not the end of our work on the subject. I appeal to every member who is returned to the Parliament in May to ensure that work continues as a matter of urgency on a public information campaign to advise people of non-violent alternatives. In other countries, such campaigns have brought about a real change in the attitude towards hitting children.
I seek an assurance from the minister that the physical punishment of children will be revisited soon with a view to adopting legislation to remove the reasonable chastisement defence and to prohibit all corporal punishment in the family. It is very important that we send out a very clear signal that no level of violence towards children is socially acceptable. I hope that a future Scottish Parliament supports that aspiration.
The bill is a step in the right direction, but it is a small step. As Richard Simpson suggested, it pales into insignificance in comparison to the actions that are being taken by an increasing number of countries throughout the world to end the hitting of children.
Most members know that I fully support all the organisations that formed a view of the damage caused by the physical punishment of children. I support the aim of those organisations to promote the idea that it is no more acceptable to smack a child than it is for one adult to hit another. That aim is based on the principle and the very strong conviction that children also have human rights.
On a number of occasions in the chamber we have discussed the proposal for a commissioner for children and young people, which is progressing with all-party support. Members should be reminded that the role and remit of the commissioner is underpinned by the United Nations Convention on the Rights of the Child, which is the same convention that states that Governments are required to protect all children who are in the care of their parents from all forms of physical and mental violence. We need to take action to comply with the recommendations of the United Nations Committee on the Rights of the Child. The provisions that we are endorsing today do not do that.
The bill is not the end of our work on the subject. I appeal to every member who is returned to the Parliament in May to ensure that work continues as a matter of urgency on a public information campaign to advise people of non-violent alternatives. In other countries, such campaigns have brought about a real change in the attitude towards hitting children.
I seek an assurance from the minister that the physical punishment of children will be revisited soon with a view to adopting legislation to remove the reasonable chastisement defence and to prohibit all corporal punishment in the family. It is very important that we send out a very clear signal that no level of violence towards children is socially acceptable. I hope that a future Scottish Parliament supports that aspiration.
In the same item of business
The Deputy Presiding Officer (Mr Murray Tosh):
Con
The next item of business is a debate on motion S1M-3730, in the name of Mr Jim Wallace, that the Criminal Justice (Scotland) Bill be passed.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
The Criminal Justice (Scotland) Bill is a substantial and significant piece of legislation. It is only right that it should have been subject to rigorous and...
The Deputy Presiding Officer:
Con
A long list of members wish to take part in the debate, so I ask everyone to keep tightly to the three-minute time allocation.
Roseanna Cunningham (Perth) (SNP):
SNP
At stage 1, I expressed my concern that the bill represented a return to the bad old days of the law reform (miscellaneous provisions) (Scotland) bills. The ...
Bill Aitken (Glasgow) (Con):
Con
The minister mentioned some aspects of the bill that are highly satisfactory and for which we commend the Executive. Other aspects, such as civilianisation a...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I begin by thanking the Justice 2 Committee very much for its hard work. There was not a single issue that the Parliament was concerned about that the commit...
The Deputy Presiding Officer:
Con
I will call as many members as I can.
Mr Duncan Hamilton (Highlands and Islands) (SNP):
SNP
I, too, support the bill, although I do not do so unreservedly. I thank my colleagues on the Justice 2 Committee. As I come to the end of my time in the Parl...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
I welcome the opportunity to welcome the passing of this important bill. I, too, congratulate the Justice 2 Committee—in particular the convener—on its hard ...
Lord James Douglas-Hamilton (Lothians) (Con):
Con
It is regrettable that there has been insufficient time to give full attention to many of the issues that were before the committee. To give just one example...
George Lyon (Argyll and Bute) (LD):
LD
As the Deputy First Minister said, the bill is a substantial piece of legislation, which will have a major impact in improving Scotland's criminal justice sy...
Dr Richard Simpson (Ochil) (Lab):
Lab
I join others in congratulating the minister and the committee on the way in which they have tackled the issues in the bill.The Justice 2 Committee's scrutin...
The Deputy Presiding Officer:
Con
If Irene McGugan will restrict herself to two minutes, I will be able to give two minutes to Brian Fitzpatrick, who will be the last member to speak.
Irene McGugan (North-East Scotland) (SNP):
SNP
I will confine my remarks to the physical punishment of children. The bill is a step in the right direction, but it is a small step. As Richard Simpson sugge...
Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab):
Lab
As Johann Lamont mentioned, the Criminal Justice (Scotland) Bill represents the culmination of a lot of hard work by the subject committee and occasional vis...
The Deputy Presiding Officer:
Con
My regrets to the four members whose names remain on my screen, but the clock has beaten us. I call Hugh Henry to wind up the debate.
The Deputy Minister for Justice (Hugh Henry):
Lab
Like the minister, I thank all those who worked so hard on the bill and the organisations and individuals who provided written submissions and gave oral evid...