The Scottish Parliament has voted by a significant majority to ban the physical punishment of children, removing the legal defence of “justifiable assault” in Scots law. The bill passed its crucial first-stage vote by 80 votes to 29.
The legislation, introduced by Scottish Green Party MSP John Finnie and backed by the Scottish National Party government, aims to give children equal protection from violence. Finnie, a former police officer, described the vote as an “international imperative”, noting that 54 countries already prohibit the physical punishment of children.
Children’s minister Maree Todd stressed that the intention was not to criminalise parents, pointing to countries with similar legislation where there had been no increase in prosecutions. The bill will now face further scrutiny before becoming law.
The move highlights contrasts across the UK. Parents in England and Northern Ireland are currently allowed to use “reasonable chastisement”, while Wales introduced similar legislation in March. Anne Longfield, the children’s commissioner for England, said the Scottish bill “really does show up the outdated situation in England” and urged ministers to change the law.
Some Scottish Conservative MSPs opposed the bill, with Oliver Mundell calling it “bad law” and complaining of too much “ideological debate”. However, Scottish Labour and Liberal Democrat members supported the measure, with Labour’s Iain Gray warning that passing legislation would not resolve all difficulties facing children today.
Mary Glasgow, chief executive of the charity Children 1st, described the vote as a “momentous step” and evidence of a cultural shift in attitudes. “This is not about blaming or shaming parents,” she said, adding that legislation should reflect where most people already stand on hitting children.
