Smacking children may be criminalised in North

Parents smacking their children could face criminal prosecution if a major consultation launched today in Northern Ireland recommends…

Parents smacking their children could face criminal prosecution if a major consultation launched today in Northern Ireland recommends legislation similar to that in Scotland.

The Irish Society for the Prevention of Cruelty to Children (ISPCC) have called on the Government to progress with legal reforms on the issue saying most European countries are taking steps to prohibit the practice.

The ISPCC say research in 1997 indicates that 40 per cent of the populationconsider slapping wrong and that the practice is becoming a less accepted form of discipline.

Finance Personnel Minister Mr Mark Durkan, who today began a five-month consultation process, said the current law relating to physical punishment in the home was inadequate.

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"We know that the existing law on physical punishment in the home does not offer children enough protection. So we are now launching this major consultation exercise to look at how our law and practice can be improved in order to provide children with greater protection. No change is not an option," he said.

Last week the Scottish Parliament became the first administration in the UK to change the law, making it an offence for parents to smack children under three.

The consultation paper launched today is the result of a recent European Court of Human Rights case that ruled that UK law did not do enough to protect children from "inhuman and degrading treatment".

The case involved a nine-year-old boy who took his stepfather to the court in Strasbourg after he had severely beaten him. The stepfather was acquitted in a UK court after using the defence of "reasonable chastisement".

The European Court ruled that the law, which dates back to 1860, would have to be changed, adding that the concept of "reasonable chastisement" was too flexible.

"This subject clearly raises important human rights and equality issues and it is important that we look at it in that context," said Mr Durkan.

"This is not a black and white question about whether or not to ban physical punishment. The law has always drawn limits around what parents can do to punish their children".

Mr Durkan set out the various options open to reform the law.

One approach would be to remove entirely the defence of reasonable chastisement, giving children the same protection under the law as adults.

Another option would be to define reasonable chastisement in legislation or limit the defence by setting out detailed restrictions on the use of physical punishment.

In addition to either of these two approaches, a statement could be made in family law against the use of physical punishment.

Mr Durkan said the consultation exercise provided an opportunity for everyone to discuss the available evidence on physical punishment as a method of disciplining children.