SMACKING BAN (SCOTLAND) - Letter to Nicola Sturgeon MSP

FAO. Nicola Sturgeon MSP

Dear First Minister

‘SMACKING BAN’ – JOHN FINNIE BILL

As one of your constituents, I am writing to express my concern about your Government’s recent decision to support the above proposed legislation. Many arguments against such a move have been aired and doubtless you are very aware of them. I would, however, appeal to you to reconsider supporting this change to the law and not to whip MSPs (potentially against their own judgement and conscience) into voting for it.

There are some issues around family life that are surely best left to the discretion of parents – e.g. the discipline of children. That is not to say, of course, that the State should tolerate an ‘anything goes’ approach to such matters – but it seems to me that the existing arrangements are quite adequate. They prohibit the excessive use of force and any form of physical chastisement that would be injurious – and indeed where disproportionate ‘assault’ is used against a child the Police and Social Workers can be called upon.  

Thus the proposed legislation may be well-meaning but instead of protecting genuinely at risk children it will simply disempower decent parents. That is not to say, that reasonable physical chastisement need be used by parents but that it will be their choice. It would be a recognition that even the best government is no substitute for most parents when it comes to having the best interests of children at heart.

The argument that any physical chastisement is simply tantamount to abuse, seems to me confused. If causing any physical distress (however momentary and transient) to a child is unacceptable – then why is it acceptable to cause a child psychological distress (by taking away privileges, ‘telling them off’, or restricting their movements)? Why is the body so sacrosanct and not the mind? In recent years non-physical traumas such as bullying, harassment, verbal intimidation have been highlighted as social evils – in other words, how long before any parental sanctions, of whatever kind, that cause any form of distress simply become unacceptable. After all when ideology usurps the wisdom of centuries anything is possible.

Are we really going to criminalise parents who, like our own mothers and fathers going back generations, might use a moderate smack on occasions to discipline and even protect their children?

Please First Minister reconsider this further step of ‘Nationalising’ parenting – i.e. the State taking to itself more and more of the prerogatives of parents.

Finally, I note the Scottish Government is pardoning Gay men convicted of certain indecency charges prior to homosexuality being decriminalised. Many will see that as recognition that the State should not have tried to police people’s sex lives – perhaps it would also be wise for the State to refrain from trying to police people’s family lives.

With grateful thanks for all your work and service.

Yours sincerely,

Andrew Hunter.