Lord Carlile of Berriew (CB)

My Lords, I support the amendments ably introduced by my noble friend Lady Finlay. They make laws slightly differently in Germany. When a law is made relating to something that affects children, for example, they sometimes insert something in their constitution. I note that in 2000, when the parental right to spank was rescinded in Germany, a new phrase was introduced into the German constitution: “Children have a right to an upbringing free of violence. Corporal punishment, emotional harm and other humiliating measures are not permissible”. That has happened, and similar steps have been taken in 75 countries to date where smacking is not permitted. Many of those countries are in Europe. Almost the whole of Europe forbids smacking. We stand out as an exception in the map of Europe where it is illustrated. Just as Germany, Spain, Norway, Sweden, Finland and Denmark are not worse places as a result of the banning of smacking, the same will be the situation in the whole of the United Kingdom when England follows Wales, Scotland and, hopefully, Northern Ireland. Section 58 of the Children Act 2004 is predicated by opposition to smacking, not by encouragement of smacking. As has already been said, it was banned in schools but has been allowed to continue in certain very restricted circumstances in homes. As early as 2007, the Crown Prosecution Service issued a report in which it was opposed to banning smacking altogether but observed that the defence was being used in inappropriate situations and in the wrong kinds of cases. There is absolutely no evidence that the banning of smacking would have any dramatic effect on parents who, like the parents in the countries that I have named, have simply been told, “You can’t smack your children anymore”. I believe that people are ready for that in this country. The noble Baroness, Lady Walmsley, in an extremely powerful speech, gave several examples of cases in which the terrible violence that eventually was used against children probably started with the first smack. It is quite wrong that we should allow that sort of situation to develop. I listened with great care—my synapses were operating in overdrive—while the noble Lord, Lord Jackson, was speaking. However, he is now a bit historical in this argument. I treat his points with respect, of course, but I prefer those that have been made by other noble Lords in this House. Between the noble Lord and the Royal College of Paediatrics, I prefer the royal college.