Willie O'Dea
Question:9. Deputy Willie O'Dea asked the Minister for Children and Youth Affairs if she has any plans to introduce a ban on parents slapping their children; and if she will make a statement on the matter. [7338/13]
View answerWednesday, 13 February 2013
Questions (9)
Written answers
Section 246 of the Children Act 2001 provides very clear legal deterrents to the use of excessive physical discipline within the home setting or otherwise, as follows:
Section 246.—(1 ) ‘It shall be an offence for any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury to the child's health or seriously to affect his or her well-being.’
The Children Act of 2001 also specifically prohibits physical punishment of children in all other settings such as schools, crèches, detention, public care settings etc
In relation to corporal punishment within the home, a limited defence of ‘reasonable chastisement’ exists in common law, but successful prosecutions have also been taken by the State under section 246 where parents are deemed to have used excessive or unreasonable force in disciplining children.
There is a balance to be found between supporting parents in effective parenting, in particular, in use of non-violent forms of discipline, and the use of criminal law to impose criminal sanctions on parents who do not adhere to best practice in parenting. It is important to emphasise the considerable progress made in recent years in encouraging parents to use alternative non violent forms of discipline in the family setting.
Recent official independent research undertaken by the Department of Children and Youth Affairs indicates that the practice of corporal punishment in the home setting is now relatively rare in Ireland. This research indicates that the vast majority of Irish parents never use corporal or physical punishment as a means of disciplining children and opt instead for alternative means of discipline. I have asked my officials to forward a copy of this research to the Deputies office for his information.