I agree with the noble Baroness, Lady Burt of Solihull, that this has been a very interesting debate, but I do not intend to detain the House long.
Amendment 82, moved by the noble Baroness, Lady Bennett of Manor Castle, would repeal Section 58 of the Children Act 2004 and provide in this Bill that:
“In relation to any offence, battery of a child cannot be justified on the ground that it constituted reasonable punishment.”
The 2004 Act set out safeguards on the physical punishment of children. It provides that battery of a child, which covers the smacking of a child, could not constitute reasonable punishment if it was related to certain offences, I think such as grievous or actual bodily harm, cruelty or wounding. This amendment would widen that to all situations and circumstances.
I note that the noble Baroness, Lady Bennett of Manor Castle, has said that she will not push for a vote on her amendment, which seeks a significant change to existing law under the Children Act 2004. I can understand why she has made that decision. When the Children Act 2004 was going through Parliament, the debates on its terms were lengthy and included the issue of whether smacking should be permitted as a reasonable punishment in any circumstances under that Act.
The kind of significant change to existing law being sought in this amendment on children should be the subject of consultation and consideration, providing a proper opportunity for the case and supporting evidence, both for and against such a proposition, to be fully debated, tested and aired prior to a decision being made
on whether to agree to change the existing law. That level of scrutiny cannot be achieved through this amendment on Report stage of this Bill and, for that reason, we believe that the noble Baroness, Lady Bennett of Manor Castle, while certainly raising an important issue on what is or is not acceptable in the treatment of children, is right in her decision not to push this to a vote.
The noble Baroness, Lady Bennett of Manor Castle, is also justified in drawing attention to developments on this issue in Scotland and Wales that are in line with her amendment, and seeking an undertaking from the Government to listen to and examine the evidence for change, and consider whether the current legal position as set out in the 2004 Act should be amended. I wait to see if the Government, in their response, will indicate a willingness to do this in light of the points that the noble Baroness, Lady Bennett of Manor Castle, made in moving her amendment.