The proposals would give children legal protection against the use of 'unreasonable and excessive' punishment. All physical punishment, including by parents, of children under three would be banned. For all children there would be a total ban on blows to the head, shaking and the use of implements.
Corporal punishment would also be outlawed in childcare centres and in non-publicly funded pre-school centres. However, parents would still be allowed to set the ground rules for disciplining children over three years old in their homes, which includes care by babysitters and nannies.
The Scottish Childminding Association (SCMA) said it was delighted with the proposals. Anne McNellan, SCMA director, said, 'This is the best news. SCMA has been campaigning to have these issues clarified for a long time.
'We have been consistent in our message that smacking is not appropriate as a means of setting limits to children's behaviour, and we are delighted that this has been recognised by the Scottish Executive.
'The news is also important in recognising the status of registered childminding as an equal and professional form of childcare provision. Registered childminders are skilled childcare professionals and do not need to resort to physical punishment for children.'
She added, 'The situation in England is not as positive, with the new national standards for childminding stating that registered childminders, unlike any other registered childcare provider, can smack with the parents' permission. SCMA and registered childminders through-out Scotland support the Executive's plans to make these proposals law.'
Deputy first minister and justice minister Jim Wallace said, 'In accordance with the overwhelming response by those involved in these services, we propose to ban corporal punishment in childcare centres, by childminders and in private pre-school centres.
'This is consistent with existing policy for schools and publicly funded pre-school centres, and will provide welcome clarity for their employees. These plans reflect views from the recent consultation where more than three-quarters of those who responded were clearly in favour of further legal restrictions.
'We want to amend the law to protect children from punishment that is harsh, degrading and completely inappropriate in a decent society, and I know this is something the majority of people in Scotland will support.' The Executive will also set out in statute what factors courts must take into account when determining whether the punishment administered to a child was 'reasonable'.
The latest proposals could be included in the Criminal Justice Bill. A White Paper setting out the measurements to be included in the Bill will be published in October for introduction to Parliament early next year. It would be expected to receive Royal Assent by the end of 2002.
