MONMOUTH MP David Davies has condemned Welsh Assembly members for supporting a change in the law to stop parents smacking their children.
Although the Welsh Government has ruled out any ban during the current Assembly term, which ends in 2016, AMs voted on Wednesday in favour of bringing forward legislation that would end the defence of “lawful chastisement” to smacking.
Mr Davies is now calling for clarification over whether the Assembly has the legal powers to amend criminal law and has asked the Secretary of State for Wales to refer the matter to the Supreme Court.
At present, it is lawful for parents to discipline their children with a smack as long as it does not cause visible bruises, grazes, scratches, swelling or cuts.
Mr Davies, a father of three, said: “Obviously, anyone who abuses children should face the severest consequences. However, one of my biggest concerns is that child protection agencies will be forced to divert more of their time and resources into investigating and prosecuting decent, law-abiding parents who are simply trying to bring their children up in a responsible fashion.
“I am a parent myself and I believe smacking should only be used as a last resort when all other methods of managing behaviour have failed, such as the “naughty step” or taking away treats.
“Many a parent will have slapped a child on the hand to make the point that running out into a busy road is a dangerous thing to do and as long as this is done in a controlled fashion and a loving home, then the Assembly needs to respect the judgement of parents.
“I do not believe the Welsh Government will be acting lawfully in bringing forward these proposals. Although it has some competencies in field of child welfare, it has always been understood that the Assembly cannot make criminal legislation.
“For the time being, it looks as though this issue has been kicked in the long grass but I remain deeply concerned at the Assembly’s continued ambition to take on further law making powers which will ultimately lead to the separation of Wales and the breakup of the United Kingdom. I have therefore asked the Secretary of State for Wales to refer the matter to the Supreme Court before these proposals go any further”.