Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Starmer calls for Wales ‘smacking ban’ to be extended across whole of UK

The Labour leader said the Welsh Government had taken the lead to protect children.

Bronwen Weatherby
Monday 21 March 2022 08:50 EDT
Labour Party leader Sir Keir Starmer meeting with pensioners in Stevenage (Joe Giddens/PA)
Labour Party leader Sir Keir Starmer meeting with pensioners in Stevenage (Joe Giddens/PA) (PA Wire)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Labour leader Sir Keir Starmer has called on other areas of the UK to follow Wales in banning the smacking of children.

The physical punishment of children is outlawed in Wales as of Monday, meaning any type of corporal punishment, including smacking, hitting, slapping and shaking, has been made illegal.

The “smacking ban”, as it is known, was brought in under the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 and marks the end of the common law defence of “reasonable punishment”.

It means children will get the same protection from assault as adults, and the law will apply to everyone, even those visiting Wales – as is the case with all Welsh laws.

Parents or anyone who is responsible for a child while the parents are absent can now face criminal or civil charges if they are found to have physically disciplined a young person in any way.

Critics of the law change have said it will criminalise parents, but the Welsh Government has insisted the move is about protecting children’s rights.

While Sir Keir called for other areas to follow suit.

Speaking on a visit to Stevenage, Sir Keir said the move was “welcome”.

There is no place for physical punishment in a modern Wales

Mark Drakeford, First Minister

“What it does is give children the protection that adults already have, and that is the right thing,” he told reporters.

“I would like to see the rest of the UK step into line here, because I think, well, Welsh Labour have taken a lead here and they’re absolutely right to protect children in the way that they now have.”

Scotland brought in a ban in November 2020, while in England and Northern Ireland smacking is unlawful, but such an assault is allowed as long as it constitutes “reasonable punishment”.

Whether the defence was accepted depended on the circumstances of each case, taking into consideration factors such as the age of the child and the nature of the contact, including whether it left a red mark or was carried out with a fist or implement such as a cane or belt.

First Minister Mark Drakeford said: “The United Nations Convention on the Rights of the Child makes it clear that children have the right to be protected from harm and from being hurt and this includes physical punishment.

“That right is now enshrined in Welsh law. No more grey areas. No more ‘defence of reasonable punishment’. That is all in the past.”

He added: “There is no place for physical punishment in a modern Wales.”

Deputy minister for social services Julie Morgan called the day a “historic moment for children and their rights in Wales”.

Viv Laing, from NSPCC Cymru/Wales, said: “Until now, children were the only group in our society who it was acceptable to strike in certain circumstances. We don’t allow the physical punishment of adults or animals, so it is absurd that we have for so long with children. NSPCC Cymru/Wales has long been clear on this, and now, at last, the law is too.”

Chair of the Royal College of General Practitioners Wales, Dr Rowena Christmas, said: “The evidence is absolutely compelling that physically punishing a child can be harmful to the wellbeing of both child and parent.

“It offers no benefit that cannot be gained from another method of discipline but is associated with a broad range of harms that can last a lifetime.”

Stephen Thomas, headteacher of Ysgol y Bryn Llanelli, said: “Physical punishment has no place in raising children. Providing consistency, good routines and being role models for our children in the values we would like them to display creates good people.”

Also supporting the new law, Pam Kelly, Chief Constable of Gwent Police, said: “Our role as police officers, while working with other safeguarding agencies in Wales, is to provide support and reassurance to families, not to criminalise them.

“However it is important to recognise that discipline and physical punishment of children are not the same thing.”

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in