AN effective ban on smacking could change the culture of child-rearing in Scotland without criminalising parents, it has been claimed.

However, Green MSP John Finnie, who is to introduce a Member’s Bill at Holyrood over the issue, was accused of “virtue- signalling” and elitism by critics.

His bill would remove the defence of “justifiable assault”, which allows parents to use physical punishment to admonish a child. As he launched a consultation on the measure, supporters claimed it was inexplicable that assault remains legal if the victim is a child.

The Highlands and Islands MSP said Scotland was “out of step” with the rest of the world on the issue and had been “roundly condemned” by the United Nations.

The proposed ban has the support of organisations including the Church of Scotland, the Association of Scottish Police Superintendents, NSPCC, Children 1st, the Children and Young People’s Commissioner and Barnardo’s.

However, opponents argue it would erode the rights of parents.

The Reverend David Robertson, a moderator of the Free Church of Scotland, argued the move was “completely unnecessary”.

He told Radio Scotland’s Good Morning Scotland programme: “It’s already against the law to hit a child on the head or to hit with an implement or to shake. This is going to criminalise good parents, just for tapping their child on the hand.”

He added: “The whole position is illogical, it’s virtue signalling, it’s middle-class elites ... criminalising good working-class parents.”

Responding to the criticism, Mr Finnie said: “This isn’t about criminalising anyone. This is about supporting parents and most importantly giving the most vulnerable people in our society equal protection from assault.

“This is not about criminalising any more than legislation about seatbelts in cars.”

He continued: “The express purpose of this bill is to give equal protection for assault and that will prohibit physical punishment by parents and others caring for or in charge of children.

“That will be achieved by ending the current legal position that physical punishment of children can be viewed as justifiable assault.”

Mr Finnie acknowledged there were people who had been smacked as children who believed it had done them no harm, but added: “All the evidence suggests that it is in every child’s interest to find themselves in a safe and nurturing position, that’s best for brain development. All the experts say this.”

The Scottish Government’s position has been that it opposes the physical punishment of children but does not believe that changing the law is the appropriate response. LibDem justice spokesman Liam McArthur said: “Scottish Liberal Democrats have repeatedly pressed SNP ministers to act but without success. I hope they will now use this opportunity to finally update our laws and give children in Scotland equal protection from assault.”

The Children and Young People’s Commissioner, Tam Baillie, whose time in the post ends on Wednesday, said recently that failure to overturn the law on justifiable assault was his biggest regret. He said the consultation was “a positive step towards providing children with equal protection from assault”.

He added: “It is hard to believe our legal system continues to provide a defence of ‘justifiable assault’. For me, there is no such thing because there is no way we can justify the hitting of a child.”

Mary Glasgow, of the Children 1st charity, said: “We cannot continue to let our law give the mistaken impression that physical punishment can be helpful when we know that it can harm.” The Scottish Government said: “We have no plans to introduce legislation in the area but we will consider carefully the member’s Bill that we understand John Finnie intends to introduce.”

Members of the public will be able to respond to the consultation until August 4.