Smacking ban would be ‘heavy-handed', warns Tory critic at Westminster
Smacking ban would be 'heavy-handed', warns Tory critic at Westminster
Speaking in Parliament, former MP Lord Jackson of Peterborough argued "reasonable chastisement" was harmless
Introducing a smacking ban in England would be "disproportionate and heavy-handed", a Conservative peer has warned.
Speaking in Parliament, former MP Lord Jackson of Peterborough argued "reasonable chastisement" was harmless and calls to abolish it as a defence for punishing a child risked "criminalising good and caring parents, as well as overloading children's services departments".
He made his comments as the House of Lords continued its detailed line-by-line scrutiny of the Children's Wellbeing and Schools Bill.
One of the changes proposed to the legislation was a move to outlaw the smacking of a child by scrapping the common law defence of reasonable punishment.
Former president of the British Medical Association (BMA) and independent crossbencher Baroness Finlay of Llandaff said children had been left vulnerable by the legal "loophole" and urged for it to be closed, as it had been already in Scotland and Wales.
She told peers: "There is clear evidence that physical punishment has no positive outcomes for children."
Article continues below
She added: "Hitting children hurts on the outside and on the inside. It damages emotional development.
"Eight in 10 child runaways cite family violence as a cause."
Highlighting support for the proposal by a number of leading organisations, including the Royal College of Paediatrics and Child Health, the NSPCC, Barnardo's and the Children's Commissioner for England, Lady Finlay said: "It is time to protect children from assault and battery."
But opposing the amendment, Lord Jackson said: "I believe it is an egregious interference in family life by the state and an intrusion.
"It is an attack on family rights and it will encourage a childish disrespect for authority.
"It is disproportionate and heavy-handed and it risks criminalising good and caring parents, as well as overloading children's services departments."
He added: "The law as it stands is sensible. It outlaws violence, abuse and unreasonable chastisement.
"Crown Prosecution Service guidelines are clear that, if the actions of a parent cause anything that is more than transient or trifling, it is unlawful.
"The reasonable-chastisement defence simply permits parents to use very mild physical discipline, like a tap on the hand or a smack on the bottom, without being charged with assault... 'Reasonable chastisement' is common and harmless."
Lord Jackson went on: "Everyone wants the state to intervene to protect children who are in danger of abuse, but, if that is to be done effectively, the limited resources available need to be focused on identifying and helping those at risk, not investigating innocent, loving parents because the law of assault has become politicised by activists who do not agree with reasonable chastisement.
"Making trivial smacks a criminal offence will cause misery for parents and children."
But the peer faced criticism for his remarks from Liberal Democrat Baroness Walmsley, who said: "He used 'smacking' quite a lot. I will never use that word myself, because it trivialises what we mean.
"We are talking about a hit – about a physical assault on a child.
"The reasonable chastisement defence is only ever likely to be used in a court of law, and it has been."
She cited the murder of 10-year-old Sara Sharif in 2023, whose father Urfan Sharif claimed in a call to police after fleeing England that he "did legally punish" his daughter but he "beat her up too much".
Pressing for the removal of the "reasonable chastisement" defence, Lady Walmsley said: "The presence of those words in the law sends a message that it can be lawful to beat a little child."
Former Playschool presenter and Barnardo's vice-president Baroness Benjamin, who sits as a Liberal Democrat peer, said: "Almost 70 countries have banned smacking, leaving no ambiguity in the law.
"It is never OK to 'reasonably punish' a child. It is time to join those countries and end physical punishment against children."
Responding, education minister Baroness Smith of Malvern pointed out the most serious cases of child abuse would not be covered by the reasonable punishment defence.
She said: "We are looking closely at changes in Scotland and Wales and continue to build our evidence base, but we do not want to take this important decision yet."
The minister added: "Most parents want what is best for their children and they should be supported.
Article continues below
"It is right that we protect all children who are at risk of harm, but it is also right that we do not intervene in family life when children are safe, loved and well supported."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Powys County Times
5 hours ago
- Powys County Times
MPs call for UK to recognise Palestine after Government sanctions ministers
MPs have called for the Government to recognise the state of Palestine at a summit next week, hours after the Foreign Secretary confirmed the sanctioning of two Israeli government ministers. Foreign minister Hamish Falconer faced repeated cross-party calls from MPs to recognise Palestine at the meeting in New York. In response, Mr Falconer did not rule out the move, saying he had 'no doubt' he would return to the Commons to update MPs. It came as the UK imposed an asset freeze and travel ban on Itamar Ben-Gvir and Bezalel Smotrich, Israel's security minister and finance minister, respectively. The move came alongside Australia, Canada, New Zealand and Norway. When asked about the recognition of Palestine by Liberal Democrat foreign spokesperson Calum Miller, Mr Falconer said: 'The two-state solution conference next week is an important moment we're discussing with our friends and allies our approach to that conference and no-doubt I will return to this house, with your permission Mr Speaker, to discuss further.' Mr Miller had said: 'The time has also come to listen to members on all sides of this House and officially to recognise the independent state of Palestine. Will the Government commit to taking this vital step at next week's summit in New York? 'Recognition will demonstrate the UK's commitment to self-determination but also make clear that, building on today's announcement, the UK will do all it can to wrest control away from the extremes and give both Israelis and Palestinians hope of a lasting peace.' Conservative MP for Herne Bay and Sandwich, Sir Roger Gale, had chastised the Government for not taking more action. He said: 'When the minister came to the despatch box, I had expected to hear something constructive. What we've heard is the sanctioning of two people. The United Kingdom Government could unilaterally recognise Palestine. The United Kingdom Government could show the world and lead.' He added: 'When is the Government going to do something?' Labour MP Abtisam Mohamed (Sheffield Central), who was denied access to the occupied West Bank earlier this year, agreed with the calls. She said: 'Annexation is real. It is happening. Partners in the region are calling for recognition before it's too late.' Ms Mohamed continued: 'Does the minister agree with me that we must not throw recognition into the long grass? That failure to recognise next week at the UN conference implies that Israel does have a veto, and that the Israeli government will continue to annexe and terrorise Palestinians in the West Bank. If we do not recognise now, there will be no Palestinian state to recognise.' Mr Falconer said: 'Recognition is right at the centre of any discussion of a two-state solution.' The minister had earlier told MPs the two-state solution between Israel and Palestine was in critical danger. He said the rhetoric of Mr Ben-Gvir and Mr Smotrich did not represent the majority of Israelis. He said: 'This is an affront to the rights of Palestinians, but it is also against the interests of Israelis, against their long-term security and democracy.' Later in the session, Green Party MP Ellie Chowns (North Herefordshire) accused the Government of doing the 'bare minimum' while Conservative former minister Kit Malthouse further pressed the minister on whether recognition at the summit is now 'off the table'. Mr Falconer said 'we are doing everything we can', adding: 'We are so incredibly frustrated by the scenes that meet us, meet everybody behind me, and I would say gently to (Mr Malthouse), he has no monopoly on the morality of this situation.' The minister went on to say settler expansion had increased hugely in recent years, and last year had seen the worst settler violence against Palestinians in the West Bank on record. He added that this year is on track to be just as violent. 'This is an attempt to entrench a one-state reality,' he told MPs. He continued: 'The gravity of this situation demands further action. The reality is that these human rights abuses, incitement to violence, extremist rhetoric comes … from individuals who are ministers in this Israeli government.' Mr Falconer added: 'We have told the Israeli government that we would take tougher action if this did not stop. It still did not. The appalling rhetoric has continued unchanged. Violent perpetrators continue to act with impunity and with encouragement. 'So, let me tell the House now, when we say something, we mean it. Today we have shown, with our partners, two extremists we will not stand by while they wreck the prospects for future peace.' Shadow foreign secretary Dame Priti Patel said: 'The situation in the Middle East and the suffering we are seeing is serious and completely intolerable. Dame Priti added: 'We all want to see a better future for the Israeli and Palestinian people, and the UK must continue to play a leading role in achieving this.' She told MPs the previous Conservative government considered sanctioning the two ministers. 'The minister will be aware that the sanctioning of individuals is always under review, that is the right policy,' she said. 'And in the case of Israel, this has been previously considered even by Lord Cameron, who has spoken of that in the last government.' DUP MP Sammy Wilson (East Antrim) suggested Mr Falconer is 'pandering to the increasingly loud anti-Israel voices on his backbenches', adding: 'The minister must know that this will not bring peace to Gaza.' Mr Falconer replied: 'I have spoken about the perilous decline of the situation in the West Bank, and indeed events of the last two weeks, and I've also spoken about the importance of co-ordinating with allies. So, I don't think I have anything further to say.'
Belfast Telegraph
5 hours ago
- Belfast Telegraph
MPs call for UK to recognise Palestine after Government sanctions ministers
Foreign minister Hamish Falconer faced repeated cross-party calls from MPs to recognise Palestine at the meeting in New York. In response, Mr Falconer did not rule out the move, saying he had 'no doubt' he would return to the Commons to update MPs. It came as the UK imposed an asset freeze and travel ban on Itamar Ben-Gvir and Bezalel Smotrich, Israel's security minister and finance minister, respectively. The move came alongside Australia, Canada, New Zealand and Norway. When asked about the recognition of Palestine by Liberal Democrat foreign spokesperson Calum Miller, Mr Falconer said: 'The two-state solution conference next week is an important moment we're discussing with our friends and allies our approach to that conference and no-doubt I will return to this house, with your permission Mr Speaker, to discuss further.' Mr Miller had said: 'The time has also come to listen to members on all sides of this House and officially to recognise the independent state of Palestine. Will the Government commit to taking this vital step at next week's summit in New York? 'Recognition will demonstrate the UK's commitment to self-determination but also make clear that, building on today's announcement, the UK will do all it can to wrest control away from the extremes and give both Israelis and Palestinians hope of a lasting peace.' Conservative MP for Herne Bay and Sandwich, Sir Roger Gale, had chastised the Government for not taking more action. He said: 'When the minister came to the despatch box, I had expected to hear something constructive. What we've heard is the sanctioning of two people. The United Kingdom Government could unilaterally recognise Palestine. The United Kingdom Government could show the world and lead.' He added: 'When is the Government going to do something?' Labour MP Abtisam Mohamed (Sheffield Central), who was denied access to the occupied West Bank earlier this year, agreed with the calls. She said: 'Annexation is real. It is happening. Partners in the region are calling for recognition before it's too late.' Ms Mohamed continued: 'Does the minister agree with me that we must not throw recognition into the long grass? That failure to recognise next week at the UN conference implies that Israel does have a veto, and that the Israeli government will continue to annexe and terrorise Palestinians in the West Bank. If we do not recognise now, there will be no Palestinian state to recognise.' Mr Falconer said: 'Recognition is right at the centre of any discussion of a two-state solution.' The minister had earlier told MPs the two-state solution between Israel and Palestine was in critical danger. He said the rhetoric of Mr Ben-Gvir and Mr Smotrich did not represent the majority of Israelis. He said: 'This is an affront to the rights of Palestinians, but it is also against the interests of Israelis, against their long-term security and democracy.' Later in the session, Green Party MP Ellie Chowns (North Herefordshire) accused the Government of doing the 'bare minimum' while Conservative former minister Kit Malthouse further pressed the minister on whether recognition at the summit is now 'off the table'. Mr Falconer said 'we are doing everything we can', adding: 'We are so incredibly frustrated by the scenes that meet us, meet everybody behind me, and I would say gently to (Mr Malthouse), he has no monopoly on the morality of this situation.' The minister went on to say settler expansion had increased hugely in recent years, and last year had seen the worst settler violence against Palestinians in the West Bank on record. He added that this year is on track to be just as violent. 'This is an attempt to entrench a one-state reality,' he told MPs. He continued: 'The gravity of this situation demands further action. The reality is that these human rights abuses, incitement to violence, extremist rhetoric comes … from individuals who are ministers in this Israeli government.' Mr Falconer added: 'We have told the Israeli government that we would take tougher action if this did not stop. It still did not. The appalling rhetoric has continued unchanged. Violent perpetrators continue to act with impunity and with encouragement. 'So, let me tell the House now, when we say something, we mean it. Today we have shown, with our partners, two extremists we will not stand by while they wreck the prospects for future peace.' Shadow foreign secretary Dame Priti Patel said: 'The situation in the Middle East and the suffering we are seeing is serious and completely intolerable. Dame Priti added: 'We all want to see a better future for the Israeli and Palestinian people, and the UK must continue to play a leading role in achieving this.' She told MPs the previous Conservative government considered sanctioning the two ministers. 'The minister will be aware that the sanctioning of individuals is always under review, that is the right policy,' she said. 'And in the case of Israel, this has been previously considered even by Lord Cameron, who has spoken of that in the last government.' DUP MP Sammy Wilson (East Antrim) suggested Mr Falconer is 'pandering to the increasingly loud anti-Israel voices on his backbenches', adding: 'The minister must know that this will not bring peace to Gaza.' Mr Falconer replied: 'I have spoken about the perilous decline of the situation in the West Bank, and indeed events of the last two weeks, and I've also spoken about the importance of co-ordinating with allies. So, I don't think I have anything further to say.'
Rhyl Journal
5 hours ago
- Rhyl Journal
MPs call for UK to recognise Palestine after Government sanctions ministers
Foreign minister Hamish Falconer faced repeated cross-party calls from MPs to recognise Palestine at the meeting in New York. In response, Mr Falconer did not rule out the move, saying he had 'no doubt' he would return to the Commons to update MPs. It came as the UK imposed an asset freeze and travel ban on Itamar Ben-Gvir and Bezalel Smotrich, Israel's security minister and finance minister, respectively. The move came alongside Australia, Canada, New Zealand and Norway. When asked about the recognition of Palestine by Liberal Democrat foreign spokesperson Calum Miller, Mr Falconer said: 'The two-state solution conference next week is an important moment we're discussing with our friends and allies our approach to that conference and no-doubt I will return to this house, with your permission Mr Speaker, to discuss further.' Mr Miller had said: 'The time has also come to listen to members on all sides of this House and officially to recognise the independent state of Palestine. Will the Government commit to taking this vital step at next week's summit in New York? 'Recognition will demonstrate the UK's commitment to self-determination but also make clear that, building on today's announcement, the UK will do all it can to wrest control away from the extremes and give both Israelis and Palestinians hope of a lasting peace.' Conservative MP for Herne Bay and Sandwich, Sir Roger Gale, had chastised the Government for not taking more action. He said: 'When the minister came to the despatch box, I had expected to hear something constructive. What we've heard is the sanctioning of two people. The United Kingdom Government could unilaterally recognise Palestine. The United Kingdom Government could show the world and lead.' He added: 'When is the Government going to do something?' Labour MP Abtisam Mohamed (Sheffield Central), who was denied access to the occupied West Bank earlier this year, agreed with the calls. She said: 'Annexation is real. It is happening. Partners in the region are calling for recognition before it's too late.' Ms Mohamed continued: 'Does the minister agree with me that we must not throw recognition into the long grass? That failure to recognise next week at the UN conference implies that Israel does have a veto, and that the Israeli government will continue to annexe and terrorise Palestinians in the West Bank. If we do not recognise now, there will be no Palestinian state to recognise.' Mr Falconer said: 'Recognition is right at the centre of any discussion of a two-state solution.' The minister had earlier told MPs the two-state solution between Israel and Palestine was in critical danger. He said the rhetoric of Mr Ben-Gvir and Mr Smotrich did not represent the majority of Israelis. He said: 'This is an affront to the rights of Palestinians, but it is also against the interests of Israelis, against their long-term security and democracy.' Later in the session, Green Party MP Ellie Chowns (North Herefordshire) accused the Government of doing the 'bare minimum' while Conservative former minister Kit Malthouse further pressed the minister on whether recognition at the summit is now 'off the table'. Mr Falconer said 'we are doing everything we can', adding: 'We are so incredibly frustrated by the scenes that meet us, meet everybody behind me, and I would say gently to (Mr Malthouse), he has no monopoly on the morality of this situation.' The minister went on to say settler expansion had increased hugely in recent years, and last year had seen the worst settler violence against Palestinians in the West Bank on record. He added that this year is on track to be just as violent. 'This is an attempt to entrench a one-state reality,' he told MPs. He continued: 'The gravity of this situation demands further action. The reality is that these human rights abuses, incitement to violence, extremist rhetoric comes … from individuals who are ministers in this Israeli government.' Mr Falconer added: 'We have told the Israeli government that we would take tougher action if this did not stop. It still did not. The appalling rhetoric has continued unchanged. Violent perpetrators continue to act with impunity and with encouragement. 'So, let me tell the House now, when we say something, we mean it. Today we have shown, with our partners, two extremists we will not stand by while they wreck the prospects for future peace.' Shadow foreign secretary Dame Priti Patel said: 'The situation in the Middle East and the suffering we are seeing is serious and completely intolerable. Dame Priti added: 'We all want to see a better future for the Israeli and Palestinian people, and the UK must continue to play a leading role in achieving this.' She told MPs the previous Conservative government considered sanctioning the two ministers. 'The minister will be aware that the sanctioning of individuals is always under review, that is the right policy,' she said. 'And in the case of Israel, this has been previously considered even by Lord Cameron, who has spoken of that in the last government.' DUP MP Sammy Wilson (East Antrim) suggested Mr Falconer is 'pandering to the increasingly loud anti-Israel voices on his backbenches', adding: 'The minister must know that this will not bring peace to Gaza.' Mr Falconer replied: 'I have spoken about the perilous decline of the situation in the West Bank, and indeed events of the last two weeks, and I've also spoken about the importance of co-ordinating with allies. So, I don't think I have anything further to say.'
