James Reilly (Dublin North, Fine Gael) | Oireachtas source

This amendment proposes to amend the Non-Fatal Offences Against the Person Act 1997 and provide for the abolition of the defence of reasonable chastisement. As I stated on Committee Stage, the Government is fully committed to the elimination of corporal punishment and to protecting children from violence. This amendment not only abolishes the defence of reasonable chastisement but will also convey a strong message which, I hope, will lead to a cultural change across society in Ireland that corporal punishment is wrong.

Senator van Turnhout proposed an amendment in this regard on Committee Stage and I requested her to postpone the progressing of it until Report Stage in order that the work already well under way in my Department on this issue could be finalised. I thank her for her co-operation in that regard. This is a very important issue and it is one in respect of which we share an objective. Many Members of the House who spoke on the issue on Committee Stage clearly share the same objective. The Senator supports the amendment as brought forward by me today.

I take this opportunity to mention the late John Boland, a former Deputy and predecessor of mine, who is survived by his widow, Kay. On 26 January 1982, when he was Minister for Education, John Boland introduced a regulation banning corporal punishment in schools. That regulation came into effect in February 1982. We are joined in the Gallery by the relatives of the late Dr. Cyril Daly, whom I knew very well and who was also a great exponent of banning corporal punishment when it was neither popular nor profitable to do so. As a result of his stance, Mr. Daly found himself in conflict with those powers that he held in such dear esteem.

The amendment before the House provides for the total abolition of the common law defence of reasonable chastisement. It does not create a new offence but rather removes something that has its roots in a completely different era and societal context. The measure asserts: that there is no circumstance in which it may be seen to be in order to hit a vulnerable person, in this case a child; that from a child's perspective there is nothing reasonable about being on the receiving end of corporal punishment; that Irish parents are no less protective of their children, nor less progressive in their parenting practices, than those in the other 19 European countries where a statutory ban on corporal punishment is in place; that the Government, by its laws, will protect and vindicate the rights of children; and that Ireland is diligent as regards meeting its international obligations in the area of human rights. The measure represents a significant advancement as regards the protection and rights of children. It reinforces the developing impetus in parenting practices in Ireland to use positive discipline strategies in upbringing of children which reject the use of corporal punishment.

The environment in which this amendment can be taken is one that takes account of the children's referendum. The referendum marked a milestone in this country in regard to children. The people voted in favour of children having rights and those rights that must be respected. The action we take today is a further step in recognising those rights, making that amendment to our Constitution all the more real.

I would also like to say a word about positive parenting where we support our children's self-discipline and behaviour by means of a learning strategy rather than through punishment. Positive parenting is strongly advocated by many parenting support groups and programmes. The Child and Family Agency, Tusla, has published a parenting support strategy which was launched in October 2013. As part of that strategy, the agency has launched its 50 Key Messages document, which is an evidence-informed guide for parents and practitioners of keys messages that are important in the context of raising children.Family resource centres around the country provide positive parenting programmes which people will find beneficial. In other jurisdictions where similar measures in this area have been introduced, research shows the number of parents who thought it acceptable to use corporal punishment has fallen and continues to fall.

I commend the amendment to the House.