Cheryl-Ann Cruickshank from Who Cares? Scotland says restraining should only be used when it is the only option to secure the wellbeing of the child.

Ms Cruickshank highlights reports that pointed to the inappropriate use of restraint in care.

"There is a very fine line between physical restraint and assault."

Amy-Beth Mia says she believes professionals must be taught that restraint is only used as a last resort.

"It's not being used as a last resort in my experience," she adds.

Labour MSP Mary Fee notes restraint is used in resident care, secure care and sometimes in special schools.

She says the explanation for it is often that restraint is not to discipline, but to protect - and she asks for views on this.

Amy-Beth Mia from the Who Cares? Scotland Collective reads some quotes from people who have been restrained which led to injury and feelings of anger.

She says that once when she tried to remove herself from a situation, she was chased down the street to be pinned down.

Passersby actually ended up ringing social services about this, despite them being the ones doing the restraining she adds.

Image source, bbc

Dr Hill says her immediate response to her child wanting to run into the road is to hold them and speak to them, not to hit them.

Claire Simpson points out the rights of the child are placed very much within the context of the family and should not be seen as adversarial.

Ms Simpson says she was quite surprised to agree with one of the things Dr Waiton said earlier: that parents should be supported.

Image source, BBC Sport

Amy-Beth Mia from the Who Cares? Scotland Collective tells the committee of her experience of restraint.

She says when she was moved from foster care to residential care it was "suddenly ok" to physically restrain her.

The first time it happened no one had explained what restraint was and four people "sat on top of" her, Ms Mia states.

Where is that line that makes that ok, she asks.

Image source, bbc

Amy-Beth Mia from the Who Cares? Scotland Collective says a lot of the restraint she went through in care was an invasion of her human rights, which she did not realise until this week.

Ms Mia adds it is about informing the public about this.

This bill is about telling the public physical violence is never acceptable, adds Cheryl-Ann Cruickshank from Who Cares? Scotland.

She calls for a public awareness campaign about how children are looked for by the state.

Lib Dem MSP Alex Cole-Hamilton says public opinion is not with this bill and therefore asks if politicians should follow public opinion.

Clare Simpson from Parenting Across Scotland says legislation must be evidence informed.

A representative democracy sees politicians both represent their constituents, as well as their best interests, she says.

Ms Simpson says it is our duty to educate about the best methods of parenting and calls for resources to back this.

Image source, bbc

Committee convener Ruth Maguire asks the second panel if they back the bill:

• Claire Simpson from Parenting Across Scotland, external replies yes, it seems unfathomable that you can still hit a child;
• Dr Louise Hill from the Centre for Excellence for Looked After Children (CELCIS) also welcomes the bill, saying its overdue;
• Amy-Beth Mia from Who Cares? Scotland Collective, external tells the committee she has been through an number of placements and says she is a big supporter of the bill, but warns when children are removed into care there is a grey area as it is ok for them to restrain children;
• Cheryl-Ann Cruickshank from Who Cares? Scotland, external also welcomes the intent of this bill.

Tory MSP Gordon Lindhurst says in his previous job as an advocate he has prosecuted parents in court for smacking their children.

The bill as currently drafted removes the defence of parents and it equates it with a common law offence, he says, yet in other countries police have the discretion to decide whether matters should go further.

Diego Quiroz from the Scottish Human Rights Commission agrees to look into this further and get back to the member.

That ends this panel of the committee.

Dr Anja Heilmann argues that by legislating you influence social norms and in most countries legislation has been brought in without the support of the majority.

Dr Stuart Waiton from Abertay University says most parents will look at you with horror and disgust if you suggest smacking children starts you on the road to child abuse.

That really degraded view of people is very "anti-human, negative, patronising and elitist" about ordinary parents who smack their children and would never abuse them he says.

Tory MSP Annie Wells says public support is not with this bill.

How do we bring the public with us on this journey, she asks.

Prof Jane Callaghan says issues around child abuse are serious and confusion around what is and isn't justified in parenting feeds into this.

As long as we are clear that what we are trying to do with this bill is protect children, I don't see how people would argue against that, she states.

Smacking of children sustains family violence and it doesn't have a place in our culture, Prof Callaghan insists.

Prof Jane Callaghan argues this legislation gives a clear message to children about physical violence.

"Giving a clear message that it is never acceptable is very important," she adds.

Dr Anja Heilmann points out that incidences of severe abuse reduced in countries where a smacking ban has been introduced.

Image source, bbc

SNP MSP Gail Ross asks about the burden on public services and the need for raising awareness about the legislation.

Dr Heilmann replies some resources will need to be spent on an awareness campaign.

Training and guidance are crucial, concurs Diego Quiroz.

Dr Anja Heilmann says a systematic review of countries where this legislation exists found there are faster declines in the use of physical environment.

In most countries the legislation was introduced when parents were against it, but you bring people with you she adds.

Diego Quiroz says guidance should be paramount for this legislation.

Labour MSP Mary Fee says this legislation is unlikely to impact parents who physically abuse their children.

Dr Waiton agrees with that, warning that children who are "abused and battered might get lost in a sea of complaints".

Image source, bbc

Fulton Macgregor says he agrees with the principles of this bill.

The SNP MSP argues nobody he has spoken to wants to be seen as a parent that smacks their child, but the issue is around the criminalisation element.

He asks how will this bill change things.

Dr Waiton asks in turn what the police, social workers and teachers are supposed to do when smacking is brought to their attention.

Parents will know they have to be frightened of their children talking to teachers, he argues.

Dr Anja Heilmann highlights the UK is the outlier in the EU as it is one of the only country where legislation has not been brought forward on this issue.

She says there has been anecdotal evidence around the world that similar laws have not led to an increase in parents being criminalised.

Labour MSP Mary Fee asks about restraint in a residential care setting, adding that when she first witnessed restraint she found it quite shocking.

Would this bill be an appropriate place to deal with the issue of restraint she asks.

Witnesses are unable to answer the question as this is not something they've specifically looked at.

Image source, Getty Images

The Children (Equal Protection from Assault) (Scotland) Bill was introduced by Green MSP John Finnie.

The bill would remove the defence of "justifiable assault" in Scots law, which allows parents to use physical punishment on children.

A public consultation on the issue last year received more than 650 responses, with about 75% being in favour of the ban.

• Smacking ban bill published at Holyrood
• Smacking to be banned in Scotland
• Read more here