The Christian Institute

Monday 5 July 2004

Lords firmly reject calls
for total smacking ban

The House of Lords has overwhelmingly rejected calls for a total ban on smacking. Peers voted by 250 to 75 against an amendment that would have criminalised parents who smack their children.

However, the Lords did support a compromise deal between the Government and Liberal Democrat Peer, Lord Lester. Peers voted by 226 to 91 in favour of Lord Lester’s amendment restricting the parental defence of “reasonable chastisement” which currently allows parents to administer moderate punishment.

Peers only supported the compromise because Government Ministers firmly maintained that ordinary smacking would still be lawful. In theory restricting the reasonable chastisement defence should not cause problems. However, there are two areas of concern. First, the Government wants to change the prosecution policy. Second, the Lester amendment creates confusion and gives too much power to politically correct prosecutors and social workers. Some police have warned of a flood of petty allegations.

The amendment is unnecessary. Rejecting previous calls for a ban, a Government Minister confirmed that “The kind of punishment that results in injury is clearly not reasonable chastisement and as such is already against the law.”

MPs will consider the Bill in the Autumn. Things are still at an early stage and we will seek to do all we can to get the amendment clarified. We wish to take legal advice before making public statements on the details of the amendment.

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