Jail threat for parents over smacking

Last updated at 13:21 06 July 2004


Parents will face jail for chastising their children with anything but the "mildest" of smacks under new proposals passed by the Lords, in a new bill dubbed a "snooper's charter".

The extreme bid to outlaw smacking failed when Lords opted for a compromise to the Children's Bill allowing parents to use "mild" punishment.

Anti-punishment campaigners denounced the decision as "shameful, unjust and irresponsible" and MPs will stage a second push in the Commons, despite a desire from Tony Blair to tread the 'middle road' on the controversial issue.

Mr Blair will have been pleased that peers backed the compromise measures by an overwhelming 226 votes to 91. His official spokesman said: "We do not want to criminalise parents."

No bruises

Lord Lester's proposals removed the defence of "reasonable chastisement" which dates back to 1860.

Instead they make it a criminal offence to cause bruises or mental harm in England and Wales.

The amendment was backed by Lord Laming, who headed the inquiry into the death of eight-year-old Victoria Climbie who was abused and tortured by her great aunt and her boyfriend.

He said: "The most important thing is to pursue constructive approaches towards the family and not rather negative ones."

Children 'failed'

However, Tony Samphier, of the Children Are Unbeatable! Alliance, said the peers had "failed children".

"It sends out a dangerous message to society that is still legally acceptable to assault a child," he said. Hitting children is as unacceptable as hitting anyone else, and the law should clearly say so.

"Equal protection from assault for children is the only responsible and safe way to modernise the law."

The Lords were voting on a series of amendments to the Children Bill. Labour peers had been ordered by whips to vote against the outright ban.

However, they were given a free vote on an amendment from Liberal Democrat Lord Lester of Herne Hill allowing "moderate" smacking.

Push for ban

Senior Labour MP David Hinchliffe said he would push for an outright ban when the Bill reaches the Commons.

Mr Hinchliffe, chair of the health select committee which has called for such a ban, said 100 backbenchers and a "significant" number of ministers supported him.

In contrast, Conservatives suggested Lord Lester's amendment went too far.

However, shadow secretary of state for the family, Theresa May, said: "As a result of these plans, we could see the authorities snooping into the lives of normal families, and missing those committing real acts of child abuse.

"Who will decide what constitutes an acceptable smack and one which breaks the law? There is no point in bringing in legislation which may prove to be unenforceable."

Most watched News videos