Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context

Question 49: To ask the Minister for Children and Youth Affairs if she will provide details of the continuous review she has had of the issue of corporal punishment within the home; the number of reports she has received on this issue; and the date on which she intends to introduce legislation to ban this practice. [40375/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context

A proposal for an outright ban in the home setting has not been brought forward to date. The matter has been under continuous review by my own Department and previously by the then Department of Health and Children over recent years. As part of the review the situation pertaining in other jurisdictions has been examined.

In terms of reports received, I am aware of the views expressed by the Ombudsman for Children who has indicated her strong support for the introduction of an outright ban and similar views expressed by the Council of Europe Commissioner for Human Rights in his various considerations of human rights in the Irish context. No other specific reports on this matter have been received although the Law Reform Commission did examine this matter in 1994 as part its report 'Non Fatal Offences Against the Person'.

A number of options are now under consideration. These include examining whether the current so called 'defence of reasonable chastisement' needs to be further defined in law as well as consideration of the option for the introduction of an outright prohibition in the home setting.

I am currently examining these options and will make a decision in the matter in due course. At the present time it is not intended to bring forward any immediate specific proposals in relation to this matter as the possible constitutional implications for any such proposals will need to be carefully considered given the special protection afforded to the family under the constitution. I am encouraged that recent research in this area indicates that the practice of corporal punishment itself is declining in Ireland with 88 per cent of parents opting for other non violent means of correction and in due course the timing may be right to bring forward new proposals.