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Smacking Ban Law to be introduced in Scotland

Scotland is set to ban the smacking of children, after the Scottish Government has committed to making sure a Bill prohibiting the physical punishment of children will become law.

The Member’s Bill was introduced in May 2017 by Scottish Green Party MSP John Finnie, with the final proposal lodged in October 2017. In the Bill, Mr Finnie proposed that children be afforded the same legal protection from being assaulted as adults have.

Mr Finnie, a former policeman and justice spokesperson for the Green Party, put the Bill forward in a bid to remove the existing defence of “justifiable assault”, which some parents have been able to use when facing prosecution for smacking their children.

Scotland to become first in UK to ban smacking

A spokesperson for the Scottish Government said, “we will ensure the proposals become law. We believe physical punishment can have negative effects on children which can last long after the physical pain has died away. We support positive parenting through, for example, funding for family support services.”

Mr Finnie said he is happy the Government have chosen to support the Bill, as there is “clear evidence” that smacking children affects their long-term health and wellbeing.

In introducing the Bill, Scotland will become the first country in the UK to put into place an outright ban on physically punishing children. 

The Bill is backed by the Greens, as well as the Scottish Labour Party and the Lib Dems. Alex Cole-Hamilton, a Lib Dems MSP, said his party has repeatedly called for the justifiable assault excuse to no longer be accepted, calling it “a source of shame”.

The move has been welcomed by many children’s charities in Scotland. A spokesperson for the Barnardo’s Scotland, Children 1st and NSPCC Scotland said they were “delighted” about the support for the Bill, and that it shows a desire from the Government to ensure that children are offered protection from violence by the law. They continued by stating that international reviews have found without a doubt that not only is smacking not beneficial in correcting children’s behaviour, but it is harmful to them.

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Thompson Civil and Family Law Solicitors is a Glasgow law firm, with an office in Coatbridge, serving customers across Scotland. We provide clients with service that is both high quality and cost effective. To speak to a member of our team, call us today on 0141 404 6575, or complete our online enquiry form.

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