New proposals threaten to criminalise some of Scotland's finest parents

13 December 2001

Families First expresses grave concern at proposals contained in the Scottish Executive's Criminal Justice White Paper, published today, which would place restrictions on the freedom of parents to physically correct their children.

Under the proposals, parents in Scotland would be guilty of a criminal offence if they smacked any child under the age of 3 or used any implement such as a slipper or wooden spoon to discipline a child of any age. According to Scottish Justice Minister, Jim Wallace, and his Deputy, Richard Simpson, the ban will be absolute. Physical correction under these circumstances will be illegal irrespective of its effects or the parent's reasons.

The Scottish Executive is pressing ahead with creating a new class of criminals, even though it acknowledges that "the law in Scotland already protects children from unreasonable chastisement" (Scottish Executive press release, 06/09/2001). The new legislation would treat certain forms of perfectly reasonable chastisement as a crime.

Most parents know that it is important to begin disciplining children at an early age. Physical correction is a particularly valuable parenting tool in the training of toddlers. A well-timed smack can prevent a little disobedience from growing into a fully-fledged tantrum, or a little spitefulness developing into a major battle zone. Parents who follow the directives of the Scottish Executive may well find themselves having to smack their children far more when they are aged 3 and over than they might otherwise have done had they started sooner.

Many parents are also concerned by the prospect of a legal ban on the use of an implement. Many choose to use a safe known object to discipline their children as a matter of religious conviction. To make the use of an implement a criminal offence would therefore have serious implications for religious liberties.

There is no research evidence to support the view that smacking a toddler or using a safe object in a careful and responsible manner either places children at risk of harm or contributes to violence in later life. Indeed, if that were the case, we would expect to have seen a significant reduction in violence at schools since corporal discipline was outlawed in state schools 15 years ago. Yet, that same period has witnessed a steep decline in standards of school discipline and growing numbers of teachers are suffering violent assaults from pupils.

Supporters of the proposals claim that parents will not be prosecuted. They say it is all about sending out a message. But laws are not made to send out messages. They are made to be enforced. All it takes is for someone to report these loving parents to the authorities and months of unnecessary pain and anguish could follow.

If these proposals pass into law, they would place many of Scotland's most tender-hearted parents, on the wrong side of the law. Rather than offering protection, they would expose children and their families to the heavy hand of state intervention.

Norman Wells of Families First said, "It is deeply disturbing that the Scottish Executive should contemplate passing laws that would criminalise good parents. This isn't about protecting children from abuse; the Executive has admitted that the existing legislation already does that. It is about undermining parents and imposing an unproven style of parenting on the entire population.

"There is not a shred of research evidence to support the Executive's proposals. They are purely ideological. There is no doubt at all that many of Scotland's finest parents - from all sections of the community - will defy the new law. They know that a physical sanction is sometimes the kindest and most merciful way of disciplining their children, and they love their children too much to deprive them of the correction they need.

"The consequences of these proposals have simply not been properly thought through. Children from happy homes could be forced to testify against their parents for smacking a younger brother or sister, or for using a slipper in the same manner and to the same extent that other parents use their hands. This would undoubtedly create a climate of fear, not only among parents, but among children too. These proposals will do nothing to help children who are genuinely being abused. In fact, they run the very real risk of deflecting resources away from where they are most needed."

Families First will be urging the Scottish Executive to think again and encourages concerned parents and others in Scotland to make representations to their MSPs, before the Bill is published early in the New Year.

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