Children Wales Bill explainer.
Introducing the Children (Abolition of Defence of Reasonable Punishment )(Wales) Bill.
This short film will give an overview of the bill.
Why is the Welsh Government introducing the Bill?
The Welsh Government wants to change the law to help protect children's rights.
We want to give children the best start in life and end the physical punishment of children in Wales.
What is physical punishment?
Physical punishment is any battery of a child carried out as a punishment, it isn't limited to smacking.
All physical punishment under all conditions is potentially harmful to children.
What is the defence of reasonable punishment?
The concept of reasonable punishment was established in 1860.
Currently, parents and those acting in the place of a parent are able to use the defence of reasonable punishment
if they are charged with common assault or battery against a child.
This is not a defence an adult can use if they are accused of assaulting another adult.
Over the years the legislation has limited the circumstances where the
defence could be used and limited the settings where children can be physically punished.
Physical punishment has been outlawed in schools
Children's homes
local authority foster care homes
and childcare settings.
We want to take the next step on this journey.
If the bill is passed, it will remove the defence of reasonable punishment.
What the world thinks?
The United Nations Convention on the Rights of the Child is the basis for our policy for children.
It recognises that any physical punishment is incompatible with the human rights of children.
More than 50 nations globally have already responded to this international call to end the physical punishment of children.
It's time for Wales to join them.
What the bill will and will not do if passed.
The bill will remove the defence of reasonable punishment.
This will mean you can't physically punish children in Wales.
Remove a legal loophole.
Currently the defence of reasonable punishment can be used in unregulated settings
including in some places of learning, worship, play or leisure.
Give children the same legal protection from physical punishment as an adult.
Bring clarity to the law, making it easier for children, parents, professionals and the public to understand the law.
Help protect children's rights.
Send a clear signal that physically punishing children will not be tolerated in Wales.
The bill will not:
will not create a new offence,
it will simply remove the defence of reasonable punishment.
Will not stop parents disciplining their children.
There is a big difference between discipline and physical punishment.
Will not interfere with a parent's ability to parent.
Parents can of course intervene physically, for example to keep a child safe from harm,
or help with day-to-day activities such as dressing or brushing their teeth.
What happens next?
If the National Assembly for Wales passed the bill, then the bill will become an act and the law will change.
The defence of reasonable punishment will be abolished.
There will be a set period of time before the law comes into force.
In this period there will be an awareness-raising campaign to inform the public about the change in law
and Welsh government will work with organisations who will be involved in implementing the law change.
Times have changed.
Attitudes have changed.
There is no place for physical punishment in a modern Wales.
For more information on the Children (Wales)Bill visit:
www.gov.wales/childrenwalesbill
To track its progress, visit the National Assembly for Wales website: www.assembly.wales
The Parenting. Give it Time campaign provides positive parenting tips and information. www.gov.wales/giveittime