Summary

  • MSPs pass the Children (Equal Protection from Assault) (Scotland) Bill

  • The ban on all physical chastisement is overwhelmingly backed by MSPs, with 84 MSPS backing it and 29 against

  • The Scottish government confirms a policy of "no support" for fracking, with no licences to be issue

  1. Postpublished at 16:37 British Summer Time 3 October 2019

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  2. 'Our goal should be to help provide provide the best environment for their children'published at 16:33 British Summer Time 3 October 2019

    Maree Todd

    Children's Minister Maree Todd says children must feel safe, loved and effective.

    This bill places Scotland in the vanguard of providing children with the same legal protection from assault, she states.

    The physical punishment of children is both wrong and ineffective, the minister insists.

    She says efforts will be made to raise awareness of the bill and promote positive parenting.

    "Our goal should be to help provide provide the best environment for their children."

    I hope we will vote today to move the antiquated defence of reasonable chastisement, she concludes.

  3. John Finnie calls on MSPs to pass his smacking ban billpublished at 16:28 British Summer Time 3 October 2019

    Green MSP John FinnieImage source, bbc
    Image caption,

    Green MSP John Finnie

    Mr Finnie thanks those outside the parliament from Barnardo's Scotland, the NSPCC, Children 1st and the Children and Young People's Commissioner for their help with his bill.

    The Green MSP says the international evidence is irrefutable that physical punishment can cause damage to children and may escalate into physical abuse.

    He says there is an urgent need to comply with international human rights law and prohibit physical punishment.

    The Green MSP says the current law teaches youngsters "might is right".

    He moves that parliament agrees the Children (Equal Protection from Assault) (Scotland) Bill, external be passed.

  4. Background: MSPs back Scottish smacking ban proposalspublished at 16:28 British Summer Time 3 October 2019

    Child upsetImage source, Getty Images

    The proposed ban on smacking children was overwhelmingly backed in principle by the Scottish Parliament in May

    The bill lodged by Green MSP John Finnie is designed to give children the same protection from assault as adults.

    MSPs voted by 80 to 29 in favour of the proposals - with the Conservatives voting against - after its first stage debate.

    The bill has been backed by the Scottish government, which had previously opposed an outright ban.

    Read more here.

  5. Postpublished at 16:24 British Summer Time 3 October 2019

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  6. MSPs reject amendment on guidancepublished at 16:17 British Summer Time 3 October 2019

    Green MSP John FinnieImage source, bbc
    Image caption,

    Green MSP John Finnie

    Mr Finnie tells Richard Lyle he understands where he is coming from, but warns it could give rise to uncertainty as to whether section one of the bill will be enacted on a certain date.

    The Green MSP points out the Lord Advocate cannot say what would be appropriate in every set of circumstances.

    Lord Advocate's guidelines will be issued says Mr Finnie, including comments on the public interest test putting the interests of the child as the priority.

    If Mr Lyle presses his amendment, Mr Finnie urges MSPs not to back it.

    SNP MSP Richard LyleImage source, bbc
    Image caption,

    SNP MSP Richard Lyle

    An emotional Mr Lyle says he won't press his amendment, however there are objections to his withdrawing the vote.

    MSPs reject the amendment, with 47 MSPs backing it but 63 against.

  7. Postpublished at 16:15 British Summer Time 3 October 2019

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  8. Labour MSP backs amendment but government is opposedpublished at 16:09 British Summer Time 3 October 2019

    Labour MSP Pauline McNeill speaks in favour of this amendment, saying guidance for the prosecution will be useful.

    Children's Minister Maree Todd says she is concerned about how this amendment will infringe upon the Lord Advocate's independence.

    She highlights that the Lord Advocate does intend to create guidelines and work is already in hand, but insists placing statutory obligations is inappropriate.

  9. Lib Dem insists guidance not necessarypublished at 16:02 British Summer Time 3 October 2019

    Lib Dem MSP Alex Cole-Hamilton

    Lib Dem MSP Alex Cole-Hamilton says his party does not support this amendment, insisting it is "unnecessary" as other countries with similar laws have not seen legions of parents prosecuted.

    Judgement is exercised by the police and courts every single day, he argues, which often leads to an understanding of alleged circumstances and can result in a decision not to prosecute.

    Tory MSP Oliver Mundell says other countries have different prosecution policy and highlights the Lord Advocate already intends to bring forward guidance.

    We should include what this guidance should cover in the bill, he suggests.

    It will help parents have confidence in the legislation we are passing Mr Mundell says.

  10. SNP MSP seeks guidance on legislation for police and courtspublished at 15:57 British Summer Time 3 October 2019

    SNP MSP Richard Lyle

    The final amendment for this bill related to guidance.

    SNP MSP Richard Lyle says he has concerns about this legislation but he accepts that it will likely pass.

    He explains his amendment seeks to ensure clear guidance for the courts and police is published by the Lord Advocate on how to deal with parents.

    Good guidance would avoid the scenario where a parent who taps the hand of child ends up with a criminal record, he argues.

    Mr Lyle says no one wants to see ordinary loving mums and dads criminalised.

  11. Tory amendments defeatedpublished at 15:51 British Summer Time 3 October 2019

    The two Tory amendments are defeated.

    47 MSPs voted for them but 64 voted against.

  12. Postpublished at 15:44 British Summer Time 3 October 2019

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  13. Amendments will 'introduce doubt rather than dispel doubt' - Green MSPpublished at 15:41 British Summer Time 3 October 2019

    Green MSP John Finnie

    Green MSP John Finnie - who brought the bill forward - says there is "no doubt" to address and the amendments would hamper the authorities in exercising their judgement.

    He explains it was a policy choice to include force, as well as physical punishment, and therefore equate it with the law on common assault.

    There is a risk of loopholes being created with these amendments, he suggests.

    "It will introduce doubt rather than dispel doubt."

  14. Should the bill deal with physical punishment only?published at 15:34 British Summer Time 3 October 2019

    Tory MSP Adam Tomkins says the aim of the bill is to help bring an end to the physical punishment of children.

    He insists one of his colleague’s amendment specifically refers to this and does not muddy the waters.

    Ms Todd says raising a hand to an adult so it is believe injury is imminent could still be considered assault.

    She adds: "No child should fear physical injury from the hand of a parent."

  15. Postpublished at 15:30 British Summer Time 3 October 2019

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  16. Tory amendments 'fundamentally at odds' with aim of billpublished at 15:25 British Summer Time 3 October 2019

    Lib Dem MSP Alex Cole Hamilton says these amendments suggest assault of a child can sometimes be justified.

    Every day our police make educated judgement about assault and we should not presume to tell them how to do their jobs, he insists.

    Children's Minister Maree Todd

    Children's Minister Maree Todd insists the amendments are "fundamentally at odds" with the purpose of the bill, adding there must be zero qualifications for equal protection from assault.

    Removing the offence of reasonable chastisement will not effect parents restraining their child for their safety, she tells the chamber.

    "We do not agree that physical punishment is required to protect children from harm," the minister says.

  17. Amendment seeks to clarify bill's aims says Tory MSPpublished at 15:20 British Summer Time 3 October 2019

    Tory MSP Oliver Mundell

    Tory MSP Oliver Mundell rises to speak to his two amendments, which he explains do not seek to change the bill but clarify it.

    He says he wants to ensure loving parents are not punished for non-violent actions that are currently covered by assault in Scots law, such as raising their voice or restraint.

  18. Smacking Bill: Amendments ruled inadmissiblepublished at 15:12 British Summer Time 3 October 2019

    Presiding Officer Ken Macintosh

    Tory MSP Adam Tomkins says two amendments he sought to lodge to the Children (Equal Protection from Assault) (Scotland) Bill were ruled inadmissible and asks why.

    Presiding Officer Ken Macintosh says amendments must be consistent with the general principles of a bill and must be relevant to the bill.

    Mr Tomkins says he believes his amendments were directly and rationally connected.

    Mr Macintosh says he is content the rules in place are appropriate.

  19. The Children (Equal Protection from Assault)(Scotland) Bill - Stage 3 amendmentspublished at 15:12 British Summer Time 3 October 2019

    Under Scottish law, parents can claim a defence of "justifiable assault" when punishing their childImage source, Getty Images
    Image caption,

    Currently, under Scottish law, parents can claim a defence of "justifiable assault" when punishing their child

    MSPs will now debate the Stage 3 amendments to the Children (Equal Protection from Assault) (Scotland) Bill, external, before voting on whether to pass it at decision time.

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