Children and Young Persons (Banning Corporal Punishment) Bill

A Bill to

amending the Children and Young Persons Act 1933 and the Children Act 2004 to make corporal punishment of a child illegal; and connected purposes.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Repeal

In the Children Act 2004, omit section 58 (reasonable punishment)

2 Corporal punishment ban

In the Children and Young Persons Act 1933 after section 12, insert—

”12ZA Battery of a child

(1) A person who hits a child or person under the age of 16 commits an offence.

(2) The offence in subsection (1) is separate from battery of an adult and should (depending on severity) carry a higher sentence than a similar battery of an adult.

(3) In relation to the offence specified in subsection (1), battery of a child cannot be justified on the ground that it constituted reasonable punishment.

(4) Battery of a child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.”

3 Duty of the Secretary of State to raise awareness

The Secretary of State must take such steps as they consider appropriate to promote public awareness and understanding about the effect of section 1 and 2.

4 Extent

Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

5 Commencement

(1) This section, section 3, 4 and 6 come into force on the day on which this Act is passed.

(2) The other provisions of this Act come into force at the end of a period of 3 months beginning with the day of on which it is passed.

6 Short title

This Act may be cited as the Children and Young Persons (Banning Corporal Punishment) Act 2020.

This Bill was written by His Grace the Duke of Atholl OM GCVO KCT PC FRS and submitted by the Rt Hon. /u/HKNorman PC MP, Shadow Secretary of State for Home Affairs (OO before GE) on behalf of the Labour Party.

Opening speech

Mr. (Deputy) Speaker,

A similar Bill to this was submitted to and debated in Holyrood not too long ago.

There I showed the following evidence to why this Bill is a good idea:

“That is why it is not just bad, but also harmful to spank or physically discipline children in any way, at least if paediatricians are to be believed. The American Academy of Pediatrics has stated their opposition to the practice and The American Psychological Association published their “Resolution on Physical Discipline of Children By Parents” in 2019 which cites a slew of scientific evidence that “demonstrates the negative effects of physical discipline of children by caregivers”. I have brought copies of said resolution if anyone would be interested in one.

A report more close to home, from Northern Ireland, summarised that the negative effects of smacking includes increased aggression and anti-social behaviour, increased mental health and emotional problems and poorer quality parent child relationships as well as an increased risk of abusing others in the future. All things which should be avoided, I think we can agree.”