WALES: Breakthrough towards banning smacking

Summary: On 19 October, the National Assembly of Wales voted to urge the Government of Wales to bring forward legislation to remove the "reasonable punishment" defence and thus give children in Wales equal protection under the law on assault.

On 19 October, Wales Assembly Labour Members Julie Morgan and Christine Chapman tabled a motion for debate, supported by Lindsay Whittle (Plaid Cymru) and Kirsty Williams (leader of the Wales Liberal Democrats) which "urges the Welsh Government to bring forward legislation for consideration by the Assembly which would end the availability of the defence of 'lawful chastisement' for an offence of assaulting a child."

Motion agreed

The motion was agreed: 24 votes in favour, 15 against and 13 abstentions.

While Wales Ministers in the minority Labour Government expressed caution about any timetable for legislation, this is not simply a rhetorical gesture. First Minister Carwyn Jones had written to Julie Morgan and Christine Chapman to tell them that the Wales Ministers' view is that the Assembly now has the power to remove the defence in criminal law since it relates to a devolved area of competence (although criminal justice is not in itself devolved). The Government of Wales has supported law reform to outlaw smacking in Wales since 2004.

Further Information

pdf: http://www.crin.org/docs/CAU_briefing_Wales.doc

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