SNP MSP Christine Grahame speaks out against the bill, expressing concern that it will not successfully operate in the private home.

She says it will be difficult to police and difficult to operate.

Ms Grahame highlights the definition of assault is a physical attack on another and she questions whether a child slapped across the arm for wrong-doing is the same.

She says evidence from the Lord Advocate must be heard, saying it was a shame that it wasn't before the stage 1 committee report was published.

There are too many unanswered questions for me to support the bill as it stands, she concludes, and confirms she will abstain.

Lib Dem MSP Alex Cole-Hamilton says it is "wholly wrong" that children are the only people in society who are subjected to assault without legal impediment.

We are one of the last remaining countries in the whole of the Council of Europe not to bring about this change, he highlights.

Mr Cole-Hamilton says we will fail to end domestic violence at home as long as smacking is allowed.

There is no right for parents to be able to hit their children, he argues, and he criticises the idea that smacking can be used as protective violence (i.e. stopping a child from running into the road).

Green MSP Ross Greer says Scotland's laws are not yet in a position to protect children's human rights, which should be recognised in the same way as other vulnerable groups.

The UK, he maintains, has to give domestic effect to their commitment to international human rights for children, believing they have been treated as an after-thought.

Mr Greer says his ambition is to make Scotland "a human rights leader" and "the best country in the world for children to grow up in".

We have an obligation to protect the human rights of children, continues Labour MSP Mary Fee.

She highlights the bill will not make any changes to policing and prosecution procedures, and points to other countries which have not seen a noticeable increase in criminalisation of parents.

By giving children equal protection from assault and through an effective public education strategy, this bill will create a positive culture change, Ms Fee insists.

Labour MSP Mary Fee says this parliament has a duty to be progressive and lead change, which is what the legislation will do.

This bill is about giving children the same protection in the law that adults currently have, she insists.

Tory MSP Liz Smith says there is a fundamental difference in law between assault and reasonable chastisement.

“Any kind of assault is assault” replies Ms Fee, insisting if you strike a person you are assaulting them.

Mr Mundell insists that will be difficult to establish when a matter is serious enough for police to investigate it and it is not clear who will make the decision to investigate.

The Tory MSP says it is the duty of this parliament to provide clarity and not to pass legal decisions onto others.

But the bill as currently drafted is imprecise and will not improve the current state of affairs, he argues.

Mr Mundell says too long has been spent on an "ideological debate" around this bill rather than looking at the legal detail.

Image source, GETTY IMAGES

A ban on smacking children would "criminalise" parents, MSPs have been told.

The Holyrood committee also heard that the physical punishment of children had no place "in a civilised culture".

It was taking evidence on the Children (Equal Protection from Assault) (Scotland) Bill.

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

• Smacking to be banned in Scotland
• MSPs discuss smacking ban bill
• Read more here

Tory MSP Oliver Mundell says this this bill "does more harm than good" and is "below the quality of legislation the people of Scotland should rightfully expect".

He believes the bill represents an "assault on family life" and that while everyone can agree that violence against children is wrong, when it comes to subjecting parents to criminality, he can't agree it is right the state intervenes in family life where child welfare is not at risk.

Mr Mundell says he is still unclear as to when mild force is used who will be responsible for taking the decision to prosecute parents and whether it will fall to individual police officers.

He believes the bill represents "bad law" and will lead to more confusion.

Ms Todd highlights the Scottish government has established an implementation group for the bill, which will also look at increasing public awareness.

"We are not telling parents how to parent," she states.

The minister says the government is providing support for parents and will ensure there is real, practical advice available.

The bill as drafted will not change a parent or carer's ability to restrain a child to prevent them from harm, Ms Todd says.

However, she confirms the government is open to continuing discussions on the use of restraint in the care sector more broadly.

Children's Minister Maree Todd says the government supports the removal of the reasonable chastisement defence.

This change in legislation does not create a new offence, she insists.

When considering these offences, prosecutors will take into account a number of factors and what other defences are offered, including self-defence, the minister explains.

Our intention is not to criminalise parents but to provide support under the Getting It Right For Every Child agenda, she argues.

Equalities committee convener Ruth Maguire says children have a right to participate and be listened to, which has been central to our work on this bill.

This bill is about the right children have to be free from violence in every setting, including at home, she tells the chamber.

She insists it is "extraordinary" that home is the one place children are allowed to be hit, despite the fact home should be a safe space.

The right to a family life does not mean a right to physical punishment, says Ms Maguire.

Children require more, not less, protection than adults, the convener argues.

Mr Finnie says the period of debate since he put forward this bill has highlighted a lack of awareness around the issue, with many people believing smacking children had been prohibited a long time ago.

Mr Finnie quotes Prof Sir Michael Marmot of UCL, who states unequivocally "the international evidence could not be clearer" about the risk of escalation into physical abuse.

He adds there is an urgent need for Scotland and the rest of the UK to prohibit all forms of physical punishment, because it tends to increase and 'store up' problem behaviour which damages future society.

In opening the debate, Green MSP John Finnie says his intention is to bring clarity to the law by removing the defence of reasonable chastisement.

He says he wants to send a clear message that physical punishment of children is not acceptable and research shows it is harmful to their development and not an effective means of discipline.

He believes the bill is a vital step in "ensuring a necessary change in our culture".

Image source, Getty Images

A proposed ban on smacking children is to be debated at the Scottish Parliament.

MSPs will discuss the first stage of the bill, lodged by Green MSP John Finnie, designed to give children "equal protection from assault".

The move has the support of Holyrood's equalities committee and is backed by the Scottish government.

This means it is likely to be backed by a majority of MSPs despite fears the new law would "criminalise" parents.

Read more.

Image source, bbc

MSPs will now debate the Children (Equal Protection from Assault) (Scotland) Bill , externalfor the first time before voting on its general principles for the first time.

The debate is led by Highlands and Islands Green MSP John Finnie who is behind the member's bill.

Public Health Minister Joe Fitzpatrick says the distribution of storage of water is a matter for the local authority, and SEPA have been working with the council on this.

Mr MacGregor highlights health concerns relating to the water issues and calls for a Scottish government official to attend a meeting on 6 June on this.

The minister says North Lanarkshire Council must take these concerns seriously and commits to ensuring his office engages with it.

SNP MSP Alex Neil urges the minister to intervene if the council does not commit to a full public inquiry.

Mr Fitzpatrick says he sincerely hopes the local authority does investigate the matter seriously to give people confidence.

SNP MSP Fulton MacGregor asks what advice the Scottish government is providing to North Lanarkshire Council, in light of reports that blue water at Buchanan High School may be linked to health concerns among staff.