Jillian van Turnhout (Independent) | Oireachtas source

The Minister, Deputy Reilly, is always welcome to the Seanad. He is, however, particularly welcome today. One of the first objectives I set when I became a Member in 2011 was for Ireland to repeal the defence of reasonable chastisement. When the Seanad took Committee Stage of the Children First Bill on 23 September, I tabled an amendment, with thanks to the expert help of Dr. Fergus Ryan, to the same purpose as this amendment. At the time the Minister said, “If I have my way, we will have this defence of reasonable chastisement removed from the Statute Book". Here we are today.

I am very aware of and thankful for all the work done by the Minister personally, by officials and advisers across the Government, co-operating and working together to bring about this amendment. I extend my particular thanks to the officials of the Department of Children and Youth Affairs. I also thank my assistant and researcher, Amy McArdle, for all her work and support. I was heartened on Committee Stage to receive cross-party and Independent support. I thank my colleagues for that. On 23 September, I cited several international and national experts. I do not intend to repeat myself today but ask that my words on Committee Stage be included in any documenting of how Ireland brought about the abolition of the defence of reasonable chastisement.

Over the years, there have been notable voices to the fore calling for Ireland to take this step. Of special note, I must thank the Childrens Rights Alliance, in particular Tanya Ward and Maria Corbett, who have been steadfast in their support and in ensuring the support of a wide range of children and youth organisations; the ISPCC, Irish Society for the Prevention of Cruelty to Children, driven by the experience of children calling into its Childline service, has always prioritised ending a culture of violence against children; and the special rapporteur on child protection, Professor Geoffrey Shannon, who has through his reports repeatedly called on us as legislators to repeal the defence of reasonable chastisement.

For the global leadership they have provided, I thank Marta Santos Pais, Special Representative of the UN Secretary-General on Violence against Children; Peter Newell of the global initiative to end all corporal punishment of children; and Ireland’s academics who have shone a light on Ireland’s international obligations, in particular Professor Ursula Kilkelly of University College Cork. I also thank Jenny and Michael Hassett, my mum and dad. Since 23 September, I have had much time to reflect and probe why I am so passionate about this issue. It is, of course, rooted in my own childhood. My memories brought me back to a particular primary school teacher who would, on occasion, whack someone in our class across the ears with a ruler. I remember telling my mum. She said that if I was ever hit, I was to stand up calmly, walk out of the class, go to the office of the school secretary and ask for my parents to be called to come and collect me. I was lucky. My parents were ahead of their time. They respected me as an independent rights holder. I thank my mum for being here today to share this momentous occasion.

Why do we as a society accept that we even debate if and when it is acceptable to hit someone, let alone when that someone is smaller than us and probably does not understand why they are being hit? Very often, when we discuss the issue of corporal punishment, violence against children, or so-called “slapping”, one can almost feel an invisible line appear in people’s heads about their tolerance level. They say, “You know I am only talking about a tap, not a thump, a slap, not a belt, a smack, not a whack”. Of course, the issue is wrapped up in how we were raised. All too often the knee-jerk reaction of "it never did me any harm" is heard. I would add it never did people any good either.

This invisible line is very subjective and it leaves children vulnerable. When someone hits a child, it is not happening from a rational place. The decision is made in a heightened emotional state, when we are stressed, when we are tired and least able to engage sound and reasoned judgment. The invisible line gets blurred. In extreme cases, it gets rubbed out completely. One way or another, the existence of the invisible line means children are all too often exposed to an escalation of violence. The excuse, “I got a terrible fright when she ran out on the road and so I just hit her to show how wrong it is” is used with children. We all get frights in our life but my first reaction is not to hit someone. Why do we culturally accept that it is okay when it is a child? A caller to the “Last Word with Matt Cooper” on Today FM summed it up by saying, “My grandmother has Alzheimer’s and she is as likely to walk out into traffic or harm herself. Should I use that as a reason to slap her?”

Of course, I understand the importance of supporting parents in the vital role they play in their child’s life. We need to ensure parents have access to supports and resources when they need them. We know the majority of parents already believe we have a ban on corporal punishment. However, I know some parents are anxious about this change in the law. I reassure them that we all want the best for their children, for the children of Ireland. To this end, I would like to take this moment to thank Laura Haugh of mummypages.iefor its unequivocal support of the amendment. I would also like to point to an excellent book for any parents who are anxious, developed by a leading advocate in this area, Paul Gilligan. His book, Raising Emotionally Healthy Children, is a great resource which provides much advice and support.

By abolishing the defence of reasonable chastisement, we are giving life to the children’s amendment in our Constitution, Article 42A.1, which states: "The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights." We know that corporal punishment can cause serious harm to children, teaches them that violence is an acceptable way of solving conflicts and is ineffective as a means of discipline. We know there are positive ways to teach, correct or discipline children which are better for the child’s development and health. Corporal punishment makes it more difficult to protect children from severe abuse if some forms of violence are legitimate. With this amendment, we are ensuring that all citizens are equal in the eyes of the law.

This ancient defence of reasonable chastisement is not an Irish invention. It came to us from English common law. Through its colonial past, England has been responsible for rooting this legal defence in over 70 countries and territories throughout the world. In England, Wales and Northern Ireland, the reasonable punishment defence still allows parents and some other carers to justify common assault on children. In Scotland, there is another variation, namely, the defence of justifiable assault. In this action being taken today, the Government is putting children first and providing leadership, which will hopefully give confidence to the Government at Westminster, the devolved UK Administrations and other countries across the globe to discard these archaic and disreputable defences and give full respect to the dignity of children.

Ireland will be the 20th EU member state to effectively ban corporal punishment in our jurisdiction. In doing so, I hope the remaining European governments will follow suit. Irish law is being brought into step with parents, children’s rights advocates and international best practice. With this amendment we have a way to unite and agree that all citizens are equal. There must never be a defence for violence against children. I am honoured to have championed and secured the effective ban on the physical punishment of children in Ireland.