The Scottish Executive's proposals were set out in full in the Criminal Justice Bill, published last week. The Bill will make it illegal to hit children under three and to use implements to punish children of any age.
NSPCC director Mary Marsh said, 'This is definitely a case of "Scotland" the brave on child protection. It contrasts starkly with the timid failure of the Government in England and Wales to change the law to protect children from being hit. The Scottish reform proposals should prompt a policy rethink south of the border.
'The Government's policy of inaction is at odds with Scotland, much of Europe and public opinion in England and Wales.'
Earlier this year, Scottish justice minister Jim Wallace said that he would take on board the outcome of a survey of Scottish parents which found that 56 per cent believed it should not be illegal to smack under-threes.
Last week he maintained that opinion polls showed that parents would support the move if they could be assured that they would not be prosecuted for trivial smacks, and said he was 'absolutely committed' to the principle that there was an age below which children should not be hit, suggesting that the only real room for debate is what age should be set out in the law.
Mr Wallace said, 'The wrong that we are seeking to right is the lack of clarity in the existing law, which leads to parents not having a clear idea of what the law would regard as excessive physical punishment.
'We will not be creating a new offence. We will not be introducing new penalties. If the physical punishment of a child is deemed to be excessive by a court of law, then it is assault. That will not change.
'I am absolutely committed to the principle that there is an age below which it is wrong to strike a child. I will listen to the views of others - and in particular the Parliament - on this matter.'
The charity Children in Scotland, part of the Children are Unbeatable! alliance that is campaigning for a complete ban on physical punishment, welcomed the proposals in the Criminal Justice Bill, which include a ban on blows to the head and shaking of children. The alliance's information and publications manager Elizabeth Sykes said the bill was 'a step in the right direction' and would help to reinforce the message that hitting children was unacceptable.
