Baroness Lister of Burtersett (Lab)

My Lords, I support Amendment 97, to which I have added my name. In Committee, I likened the waiting for Wales argument to a legislative Waiting for Godot. Well, Godot has arrived in the form of a very thorough evaluation of the first three years of the Welsh legislation. The overall message, as we have heard, is very positive. I was particularly struck by what the report says about positive parenting, as this was a key argument used by my noble friend the Minister in rejecting the original amendment in Committee. The report makes it clear that this is not an either/or situation. The abolition of the reasonable punishment defence in Wales has been implemented in such a way as to promote and support positive parenting practices. Thus, the report makes it clear that, thanks in part to the introduction of a parenting support scheme which we have heard about, the response to physical punishment is proportionate and focused on behaviour change rather than criminalisation. Elsewhere, the report notes that the aim of the Act was to protect children’s rights while adopting an educating and preventive approach which avoids criminalising parents. It suggests that this aim is being realised in practice, in that implementation is acting not to criminalise parents but to help educate and support them in managing behaviours differently. This addresses one of the fears sometimes expressed about abolition of the defence. I argued in Committee that this is a very much a children’s rights issue, and the report points to research that indicated that professionals view the Act as having enhanced their ability to safeguard children’s rights, with nearly 60% reporting that it had either supported or greatly supported them in protecting children’s right to be free from violence. This is, of course, an interim report, but in Committee my noble friend referred to it as helping to build the evidence base needed for the Government to make a decision, and I think it is fair in its claim to provide a robust initial evidence base. I am not sure what further evidence the Government need to be added to the pile that already exists. This amendment is very much a compromise, and I can see no good reason for them not to accept it. I hope they will, because otherwise it could be a very long time before English children are free from the harmful effects of what the four Children’s Commissioners described as an outdated and morally repugnant law.