Tory MSP Alison Harris asks if there any legal force in the government's assertion there is no intention to criminalise parents.

The law is what ever parliament enacts, replies Mr Wolffe, adding it is important keep in mind at present that it is a crime to assault a child.

The Tory MSP asks could this bill not criminalise loving parents because the reasonable chastisement defence is being removed.

An assault by love is not a defence, replies the Lord Advocate, and he reiterates the importance of the facts in each individual case which will be taken into account.

Anne Marie Hicks explains this bill will provide clarity that you can no longer use physical punishment on your child.

Miss Hicks says looking at the gravity of the offence is exactly what we will do and already do.

Mr Mundell asks if it is not normal to put some tests on the bill, as was done with domestic abuse legislation.

James Wolffe says the law of assault is applied daily by police and prosecutors, and that there is no problem with the clarity of the law.

He points out the police are not obliged to report every crime, and prosecutors are not obliged to prosecute every crime.

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

COPFS national procurator fiscal for domestic abuse, Anne Marie Hicks, says it is clear that a range of cases of direct violence present as punishment of a child.

Mr Mundell asks if there is a public interest to prosecute a parent for smacking a child, where there is no child welfare concerns and no lasting pain.

Are there tests that can be put into the bill to provide parents with absolute clarity, the Tory MSP asks.

The Lord Advocate says there is no substitute for paying very close attention to the facts of the cases.

Mr Wolffe says he is not trying to be unhelpful by not being drawn on this, and adds that among considerations will be questions of protecting children from harm, and their best interests.

Mr Wolffe reiterates his point that prosecutors will decide the public interest response to any assault ascertained.

Lib Dem MSP Alex Cole-Hamilton says there is a slight incongruity that an adult responsible for a child, and an adult who has responsibility for another adult who has the mental age of a child.

Mr Cole-Hamilton asks if that is not incongruous?

That's the way the law stands, and the committee is considering changing it, the Lord Advocate replies.

Image source, bbc

Legislation to ban the smacking of children in Scotland was published at Holyrood on 7 September 2018.

The bill, lodged by Green MSP John Finnie, has been backed by the government and looks certain to pass.

Mr Finnie said children should be given "the same legal protection from assault that adults enjoy".

Other parties are expected to give members a free vote on the issue, with MSPs from across the political spectrum voicing support for the move.

James Wolffe points out prosecutors will take into account the parent and child.

Tory MSP Oliver Mundell asks if in law there is a difference between the relationship between a parent and child and two adults.

Mr Mundell asks about rights parents can exercise for their children.

The Lord Advocate replies prosecutors will look at the evidence in any case, and if a crime has been committed, they will then decide the appropriate response.

Mr Mundell asks if parents rights are taken into consideration in deciding whether or not to prosecute.

Responsibilities of parents to their children does not excuse crimes against children, he says.

The Lord Advocate says repeal of the defence of reasonable chastisement would not mean the prosecutor would ignore the special relationship between parent and child.

He tells MSPs that if the bill is passed he will issue prosecutorial guidelines for the police.

Lord Advocate James Wolffe begins his opening statement.

This bill will simplify the law by removing reasonable chastisement from the law, he says.

The Lord Advocate details the law as it stands now.

Image source, bbc

MSPs backed the general principles of the Children (Equal Protection from Assault) (Scotland) Bill last week.

The bill will give children "equal protection from assault" by removing the legal defence for smacking.

Those in the chamber speaking in support of the bill said it would bring Scotland into line with the UN rights of the child.

But Tory MSPs and two SNP MSPs expressed concerns that the bill will criminalise parents.

At decision time, 80 MSPs voted in favour of it while 29 voted against. SNP MSPs Christine Grahame and Richard Lyle abstained.

Look back on our reports on the debate here.

Image source, Getty Images

The Equalities and Human Rights Committee will shortly take evidence on the Children (Equal Protection from Assault) (Scotland) Bill, external.

The proposed legislation will give children "equal protection from assault" by removing the legal defence for smacking.

The committee will take evidence on the bill ahead of Stage 2 from:

• Lord Advocate James Wolffe QC
• COPFS national procurator fiscal for domestic abuse Anne Marie Hicks

Image source, BBC/PA/Getty Images/SP

Here's what we're covering on Holyrood Live on Thursday 6 June 2019.

• MSPs take evidence on the smacking ban bill
• General Questions
• First Minister's Questions
• Trauma Recovery and Support for First Responders debate
• Portfolio questions
• Stage 3 proceedings: Fuel Poverty (Target, Definition and Strategy) (Scotland) Bill