Alliance Party launches bid to outlaw all smacking of children - prompting Christian Institute to issue warning
The Alliance Party has launched a bid to rewrite the law so that all smacking of children is banned.
The move has prompted the Christian Institute's James Kennedy to say that the proposed ban could “waste” millions of pounds, and risks penalising parents even if a case against them never proceeds.
The News Letter had reported on Monday that the National Society for the Prevention of Cruelty to Children (NSPCC) was stepping up its anti-smacking campaign in Northern Ireland this week, by lobbying MLAs over the issue at an event in Stormont.
Now it has emerged that Alliance MLA Michelle Guy has tabled an amendment to the Justice Bill that is now passing through the assembly, which would ban all smacking.
Currently in Northern Ireland, smacking is allowed if it is deemed a ‘reasonable chastisement’ for the child.
This is the same in England.
Meanwhile, Scotland and Wales have outlawed smacking altogether.
The Justice Bill was introduced to the assembly in September 2024 by Justice Minister Naomi Long, the Alliance leader.
It is officially described as follows: “A Bill to amend the law about the retention and destruction of fingerprints and DNA profiles under Part 6 of the Police and Criminal Evidence (Northern Ireland) Order 1989;
“To amend the law about the release of children on bail and about their detention;
“To permit the use of live links for the exercise of certain police functions;
“To make other provision in connection with the administration of justice; and for connected purposes.”
What Ms Guy's amendment would do is ensure “physical punishment of a child taking place in Northern Ireland cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment”.
It defines “physical punishment” as meaning “any battery carried out as a punishment”.
Mr Kennedy, the Christian Institute's policy officer for Northern Ireland, said: “When the Welsh government introduced its smacking ban, it agreed to pour nearly £4m into the project – around £1m of it swallowed up by policing and criminal justice alone.
“Since then even more costs have surfaced, with what appears to be hundreds of thousands spent burdening social workers with assessing parents’ discipline.
“Currently, the law permits only what the courts deem ‘reasonable’. So why would we waste millions dragging police and social services into these cases?
“Those resources should be protecting children from genuine abuse and tackling real crime.
“Whatever your view on smacking, this change risks serious, lasting harm.
“Even when parents are not prosecuted, the fact of an investigation could still appear on AccessNI checks – threatening their jobs, careers, and the family’s financial stability.
“That cannot be in the best interests of children.”
Asked about the idea of a smacking ban earlier this week, DUP MP Sammy Wilson had said: “I don't think it's something that we would support. We believe that parents should be the best decision makers when it comes to how they discipline their children …"
The Department of Justice was asked to respond to Mr Kennedy's comments, and said it was a matter for Alliance.
Alliance issued a statement from Ms Guy saying: "Every child deserves the same legal protection from assault as every adult. This amendment is about creating positive change for children and families.
"Professionals, including the Royal College of Paediatrics and Child Health, the British Association of Social Workers and NSPCC, are clear that there is a grey area in the law currently, and this reform is needed to give clarity and protect children.
"This legal change would not introduce a new offence, simply the removal of an existing legal defence of reasonable chastisement.
"Thresholds for intervention by social services would not change.
"There’s no evidence in the almost 70 countries that have implemented this change of a large number of people being prosecuted, and the latest polling shows that the change is backed by a majority of adults (65%) and parents (71%).
"I urge anyone against this change to please seek out the powerful evidence given by Dr Julie-Ann Maney, consultant in paediatric medicine."