To ask the Minister of Justice to outline why equal protection is not addressed in the Justice Bill (NIA Bill 07/22-27).

Mrs Long

The current law in Northern Ireland on the physical punishment of children is based on the concept of reasonable chastisement. Article 2 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 has the effect of restricting the grounds on which the defence of reasonable chastisement can be used. In essence, that means that, if a parent or adult smacks a child and is prosecuted, they can defend themselves on the basis of reasonable chastisement but only if the harm is minor. Anything that causes more than transitory or minor discomfort is unlawful and can result in prosecution. Consequently, a mild smack is still legal in Northern Ireland. I met the Royal College of Paediatrics and Child Health, which published a report in 2024 on the impact of physical punishment on children and young people. The report found that the use of physical punishment has a negative impact on children’s physical and mental health, as well as their social, emotional and behavioural outcomes. It also raised concerns that identifying abuse became a more subjective process for professionals, allowing abusers to hid behind the defence. That is why I fully support changing the law in Northern Ireland. However, the issues are broader than criminal justice alone, and any change to the law would require Executive agreement. Despite my best efforts and support from expert stakeholders, including Northern Ireland's Children's Commissioner, I have not been able to secure the Executive agreement needed to deliver a change in the law in that area in the Justice Bill. However, I will continue to seek the support my ministerial colleagues to repeal the defence of reasonable chastisement in Northern Ireland and move towards a position of equal protection.

Mrs Long

Children in Scotland, Wales and the Republic of Ireland have equal protection from assault with adults. The Children (Equal Protection from Assault) (Scotland) Act 2019 removed the common law defence of reasonable chastisement from the law of Scotland on 7 November 2020. It was commenced 12 months later. The Welsh Government's Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 came into force on 21 March 2022. A comprehensive multimedia stakeholder and public awareness campaign was completed before commencement. A three-year interim review will provide a post-implementation report, which is due to be laid before the end of this year.

Campaigners for children's rights still wait for equivalent legislation in England and Northern Ireland, leading to an uneven picture of child protection across the UK. On 11 November 2015, the Irish Parliament adopted legislation explicitly repealing the common law defence of reasonable chastisement of children. That came into force on 11 December 2015.