SMACKING is more likely to be criminalised after Nicola Sturgeon confirmed she will not oppose a Green MSP’s campaign to end parents’ defence of “justifiable assault”.
The First Minister has announced her minority government will not stand in the way of John Finnie’s proposed Children (Equal Protection from Assault) (Scotland) Bill.
Smacking is already banned in over 50 countries and Scotland light-touch approach has been widely condemned by children’s rights organisations.
Ms Sturgeon also announced a raft of government bills to reform Scotland’s justice system, including plans to raise the age of criminal responsibility from eight to 12 and allow children and other vulnerable witnesses to give their evidence in court via video-link.
More adult offenders will be released into the community with electronic tags unless they have been sentenced to more than 12 months in jail, she announced.
A new criminal offence of drug driving will come into force in 2019, and Holyrood will complete the passage of the previously announced Domestic Abuse Bill.
And homosexuals who were prosecuted under Scotland’s antiquated laws against same-sex relations will be able to clear their criminal record and receive a pardon.
Ms Sturgeon also pledged to protect the police budget and improve resilience against cyber-crime and counter-terrorism.
The First Minister said: “The Scottish Government will not oppose John Finnie’s proposals to prohibit the physical punishment of children.
“It is worth noting that approximately 50 countries around the world including France, Germany, Sweden, Norway, Denmark and the Republic of Ireland to name a few, have already successfully made this change.”
It is unclear whether the SNP will abstain, clearing the way for opposition parties to use their combined majority to push Mr Finnie’s bill through, or offer its members a free vote.
The Bill already has the support of the Liberal Democrats, while the Conservatives and Labour say they are currently considering their position.
Professional bodies, children's and health and social care organisations who have campaigned for this change in the law include Children 1st, NSPCC Scotland, Barnardo’s Scotland, the Royal College of Paediatricians and the Scottish Police Federation.
Mr Finnie said: “I welcome the support offered today by the Scottish Government for my equal protection proposal.
“It is simply unacceptable that we offer the most vulnerable in our society the least protection. The ‘justifiable assault’ defence is from a different age and it is vital that we move forward and afford our children the protection they deserve – the protection all adults enjoy - and send a message to the whole of society that we don’t tolerate violence in any setting.”
The Conservatives vowed to “fight every step of the way” to prevent judges being stripped of the power to impose prison sentences of less than a year — which are currently handed down to around sixth of all offenders and over a quarter of sex offenders.
Ms Sturgeon said: “For some people, a period in prison - sometimes a lengthy period - is the only appropriate sentence.
“However, we also know that community sentences, where appropriate, are much more effective in reducing re-offending.
“While sentencing is always a matter for the judiciary, we will extend the presumption against short term sentences from three months to 12 months.
“We will commence this change once the relevant provisions of the Domestic Abuse Bill are in force, to ensure proper protection for those who are victims of domestic abuse.
“We will also introduce a new Management of Offenders Bill to extend the use of electronic monitoring in the community and enable the use of new technology where appropriate.”
The government is understood to be considering high-tech global position tags, to not only ensure offenders under curfew stay in their homes but make sure they stay away from proscribed areas such as the homes of witnesses or former partners.
Scottish Conservative leader Ruth Davidson said: “Nicola Sturgeon seeks to play down sentences of 12 months or less.
“Right now, 17 per cent of all offenders done for attempted murder or serious assault received a sentence of less than 12 months. More than a quarter of all sex offenders are given jail terms of less than 12 months.
“We see the need in many areas for criminals to be taken off the streets, and we see that nowhere greater than in domestic abuse cases.
“Judges use short sentences to show repeat offenders causing misery in their community with low-level crimes time and time again that their actions have consequences.
“That option should not be removed.”
The Liberal Democrats backed the measures on short sentences and raising the age of criminal responsibility, but called for measures to “inject democracy back into the police” by giving Holyrood the power to appoint the chief public police watchdog.
Leader Willie Rennie said: “With the departure of the Chairman of the Scottish Police Authority we believe there is an opportunity to inject democracy back into the police. The appointment of the new Chairman should be with the agreement of this parliament just like the appointment of the Children, Information and other commissioners.”
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