Newsletter
- 23rd September 2002
Good
news on smacking, but concerns remain
The
Christian Institute has welcomed the Executive's decision to drop
plans for a ban on the smacking of children under the age of three.
The Executive's policy U-turn was announced after the plans were
criticised in a report published by an influential committee of
MSPs.
The report from the Justice 2 Committee said there was "no
convincing evidence" that an under-three ban would offer any
further protection for children.
The report also stated that the current law - which allows parents
to use 'reasonable chastisement' - was working well.
The Justice 2 Committee was concerned that an under-three ban would
lead to ordinary families being prosecuted for moderate smacking.
The Justice 2 Committee was also concerned about other plans to
outlaw shaking and the use of implements. This would apply to children
of all ages.
Some members of the committee felt the existing law offered enough
protection for children. But a majority said they "accept the
intention behind the ban on shaking or the use of an implement.
However, we feel that these provisions may require further clarity."
The committee said that a ban on shaking might make more sense for
very young children. The committee noted that, "Shaking a very
young child is a different proposition to shaking a teenager who
may indeed be taller and stronger than their parent."
The committee also advised that there should be a clearer definition
of what constitutes an 'implement'. The committee suggested that,
under the bill, even a sock may be considered to be an implement.
Three MSPs on the seven-strong committee voted in favour of keeping
the current law unchanged. They were Bill Aitken (Con, Glasgow),
Duncan Hamilton (SNP, Highlands and Islands) and Alasdair Morrison
(Lab, Western Isles).
The Christian Institute maintains that the existing law offers adequate
protection for children and opposes any change in the law. However,
if there is to be a ban on shaking and the use of implements, then
the Institute agrees that these provisions must be clarified.
The plans to change the law on smacking are contained in the Criminal
Justice (Scotland) Bill. The Scottish Parliament recently debated
and voted in favour of the general principles of the bill.
In the debate, the SNP's Fergus Ewing echoed the position of The
Christian Institute. He said: "there is no mandate for the
measures and I welcome the climbdown from and abandonment of the
original proposals. "
"I fail to be convinced that the existing common law of Scotland,
interpreted by independent sheriffs, cannot continue to do the job
that it has done."
Spokesman for the Conservative party, Lord James Douglas-Hamilton
said: "We have repeatedly said that a ban on smacking is unnecessary,
unwarranted, unworkable and unenforceable. The proposals reeked
of the nanny state and were an insult to Scotland's parents."
Colin Hart, Director of The Christian Institute, said: "We
are delighted at the news that the under-three ban is to be dropped."
"However, we remain concerned by proposals for an outright
ban on shaking and use of implements. These proposals are too inflexible
and will catch innocent parents."
| Key
findings from the Justice 2 Committee:
- There
is no evidence that the current law fails to properly protect
children from abuse.
- Plans
to completely outlaw shaking children or the use of implements
might prove overly inflexible - at the moment courts can
consider other factors for each individual case.
- The
provision to ban shaking makes more sense for very young
children - shaking a very young child is a different proposition
to shaking a teenager who may be taller and stronger than
their parent.
- It
may be advisable to define more clearly what is meant by
'an implement', for example would a sock be defined as an
implement?
- The
provisions for a blanket ban on shaking and the use of implements
may require further clarity.
|
Key
vote on gay adoption is expected in
House of Lords on 16 October
The bill proposing to allow homosexual couples and unmarried heterosexual
couples to adopt children is currently before the House of Lords.
The crucial vote is expected on 16 October.
The proposals currently only affect England and Wales, but there
will be great pressure for similar measures in Scotland if the plans
go ahead.
Colin Hart, Director of The Christian Institute said, “The
overwhelming evidence is that unmarried and gay adoption would be
bad for kids. The research is crystal clear, children need a female
role model in a permanent relationship.”
Floods
force change of venue for Inverness meeting
Following
recent floods, The Christian Institute's meeting in Inverness has
moved venue. The meeting will now take place in the Royal Highland
Hotel, Academy Street, Inverness.
The former venue, the Thistle Hotel, has been damaged by flooding
and is currently unavailable. The time and date of the meeting remain
unchanged. The meeting will start at 7.30pm on Thursday 26 September.
The Christian Institute's Deputy Director, Simon Calvert, and Researcher,
Chris Prest, will speak at the meeting. Topics covered will include
smacking, divorce, cannabis and adoption.
The meeting will give practical ideas for action and will also consider
issues of religious liberty.
Patron
of The Christian Institute, Lady Young, has died
The
Christian Institute was saddened at the news of the death of Institute
patron, the Baroness Young.
Lady Young died on Friday 6 September at her home in Oxford after
a long illness.
Director of The Christian Institute, Colin Hart, said, "Lady
Young was a person of tremendous Christian integrity and courage."
Tributes to Lady Young can be read on the Institute's web site,
www.christianscotland.org.
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