SCOTLAND has become the first part of the UK to ban smacking in a move hailed as a "historic and courageous step".

MSPs voted by 84 to 29 to make the physical punishment of a child a criminal offence.

Scottish Green MSP John Finnie, who introduced the legislation, said it would "send a strong message that violence is never acceptable in any setting, and that our children deserve at least the same legal protections that adults enjoy".

He said: “Physical punishment has no place in 21st century Scotland.

"The international evidence tells us that it can have serious impacts on children, and that it is not effective.

"As I have progressed this campaign over the last three years, it has become clear just how many people believed that striking a child was already outlawed.

“I am extremely proud to have brought forward the legislation that will enhance children’s rights in Scotland and believe that today we have taken a huge step toward making Scotland the best country in the world for children to grow up in.”

Supporters hailed it as a "momentous day for children's rights", but critics warned the legislation is "imprecise" and risks criminalising parents.

The Herald: Camley's Cartoon: Scotland bans smackingCamley's Cartoon: Scotland bans smacking

Scottish Tory MSP Oliver Mundell said the change could “unnecessarily criminalise good parents and draw others needlessly into contact with the criminal justice system”.

He told MSPs: “Rather than seeking to help and support families we are pushing them towards the criminal justice system.

“We say we support evidence-based decisions but are happy to dispense our duty by making a criminal and moral judgement on the actions of others rather than sharing with them the best available evidence around parenting practices and trusting them to make their own decision.  

“These concerns about criminalisation have been dismissed throughout the passage of this Bill but the truth is no-one here can guarantee how this Bill will be implemented and interpreted by the police, prosecutors or our courts.”

Under current Scottish law, parents and carers are allowed to use "reasonable" physical force to discipline children.

The new legislation, which will come into force within 12 months of the Bill gaining Royal Assent, will remove the defence of justifiable assault.

Sweden became the first country in the world to ban smacking in the home when it outlawed corporal punishment in 1979. Scotland is now the 58th nation to do so.

Wales is close to ushering through its own ban, but there are currently no plans for a similar move in England or Northern Ireland.

Scotland's Children's Commissioner Bruce Adamson welcomed yesterday's decision.

He said: "Assaulting a child for the purpose of punishment should never be legal and this important law change brings Scotland into line with its international human rights commitment to provide children with comprehensive legal protection from violence."

Martin Crewe, director of Barnardo's Scotland, described it as "a momentous day for children's rights".

He thanked Mr Finnie for his "dedication and passion" in pushing the Bill forward, and said: "We look forward to seeing similar legislation passed in the Welsh Assembly and hope that this progress can be mirrored across the other nations of the UK too."

Mary Glasgow, chief executive of the charity Children 1st, said: "This is a defining moment for Scotland.

"Again and again people have told us about the lifelong impact of being hit as a child, as they've joined the campaign to change the law.

"Today's vote protects every future generation of Scotland's children from any and all levels of physical violence. Families will be stronger and communities will be safer."

Richard Frazer, convener of the Church of Scotland's Church and Society Council, said: "The passage of this Bill gives children the same legal protection as adults, acknowledging that children are valuable as they are and not simply as adults in training."

The Law Society of Scotland stressed that now the Bill has been approved, the Scottish Government must mount a "comprehensive campaign" to raise awareness of the change in the law.

Jamie Gillies, from the campaign group Be Reasonable, said those who opposed a smacking ban were in the majority.

Yesterday a snap YouGov poll of 1,546 adults from across the UK suggested 57 per cent oppose making smacking a criminal offence.

Mr Gillies said: "The majority of people in Scotland don't support a smacking ban.

"We do think it's going to lead to interference in family life, which is highly negative."

SNP MSP Richard Lyle, who has previously attacked the ban, also admitted he still had concerns.

Children’s minister Maree Todd said she was pleased Holyrood had voted to ensure that children have the same protection as adults.