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Minister responds to Criminal Justice Report
13/09/2002
Justice Minister Jim Wallace today welcomed the Justice
Committee's support for 67 of the 70 sections in the
Criminal Justice Bill.
However, he added that, on the issue of a ban on
smacking of very young children, it was clear there was
insufficient support among MSPs in the Parliament and he
would be recommending to Cabinet that the age-related
element does not proceed.
The Executive proposals supported by the Committee
include:
- Order of Lifelong Restriction for high risk
offenders
- The creation of a Risk Management Authority
- Increased sentences for child pornography
- Using of the latest electronic monitoring
technology to track offenders
- Increased protection from harassment
- Measures on Drug Courts
- More protection from anti-social behaviour
- Enhanced arrangements for checking on those who
work with children and vulnerable people
The Committee has expressed concerns or objections
to:
- the age limit ban on smacking
- victim statements
- piloting children's hearing for some 16 and 17 year
old offenders
Mr Wallace said:
"I am pleased that 67 sections of the Bill have been
supported by the Committee and that they support most of
the measures in one other section. The Bill contains a wide
range of measures that will enhance public protection in so
many ways. Too often the focus is on the very few areas
where concerns are expressed or objections are raised. It
would be wrong to ignore that a substantial piece of
legislation is progressing through the parliamentary
process with a great deal of support from all quarters.
"Having said that, I would like to say something about
the sections where the Committee has not supported.
Smacking
"I welcome the Committee's support for our plans to ban
the use of implements, shaking and blows to the head for
the punishment of children. On the issue of banning the
striking children of two and under, it has been clear for a
long time that the public debate on this issue has been
fairly evenly split.
"Indeed, I have just received some findings from
research we commissioned which shows that around four in
ten parents (38%) favour banning smacking for the under
threes, 48% support a ban on smacking of children aged
under two and 52% a ban on smacking children under one.
Forty-one per cent think it should remain legal to smack a
child. The full findings will be published shortly.
"I have said repeatedly that I would pay very particular
attention to the views of Parliament on this matter. It is
clear from today's Report that there is insufficient
support from MSPs to impose any age ban on the smacking of
very young children.
"I have discussed the position with the First Minister
and we recognise the strong views of our parliamentary
colleagues. We will therefore recommend to Cabinet that the
age related element does not proceed.
"We will of course continue to pursue a range of
measures to further protect young children from physical
abuse.
Children's' Hearings for 16-17 year
olds
"I have noted the Committee's position on introducing
pilots to extend Children's Hearings to some 16 and 17 year
olds. The Cabinet has been committed to this proposal for
some time now, indeed it was part of the Youth Justice
Action Programme published earlier this year by the First
Minister and the Education Minister.
"I think we could learn a lot from the pilot. We believe
it could demonstrate considerable benefits and help to
reduce crime. We will look with interest at the Committee's
suggestion that the pilots might be limited to those with
one or only a small number of non-serious offences and will
consider this further.
Victim Statements
"The Committee says that it remains unconvinced by our
proposals for Victim Statements. I believe that it is
crucially important that we provide a greater voice for the
victims of crime in our criminal justice system. For too
long they have been ignored and we must give them a greater
say.
"I want to reflect on the comments of the Committee and
see how I can address their concerns in a way that will
allow victims the chance to have their say in court about
the impact a crime has had on them. Victims have this right
in many other countries and I refuse to believe that we
cannot work with the Committee to arrive at a solution that
will satisfy everyone."