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Irish government set to ban parents smacking kids

New law set to banish corporal punishment in the home

CATHAL DERVAN,

IrishCentral Staff Writer

Published Wednesday, December 28, 2011, 7:29 AM

Updated Wednesday, December 28, 2011, 11:00 AM

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Irish government set to ban parents smacking kids

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The Irish government is considering an outright ban on the smacking of children by their parents.

The Irish Times reports that Minister for Children Frances Fitzgerald is looking to ban corporal punishment in the home.

The move is one of two options under consideration, according to the paper, with the other an amendment to existing laws to restrict the circumstances in which parents can plead a defence of ‘reasonable chastisement’ of their children.

The issue has been reviewed by recent Irish governments but this is the first time a Minister has outlined specific options for modernising the laws protecting children against corporal punishment by their parents, according to the report.

Minister Fitzgerald has said that she will choose between the options ‘in due course’ but has cautioned against expectation of an immediate change in the law after a review of practice in other countries was carried out.
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“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,” she told Sinn Féin TD Pádraig Mac Lochlainn in reply to a parliamentary question.

The paper also states that the Children’s Act, 1908, gave parents the right to use ‘reasonable and moderate chastisement’ in disciplining children but this provision was repealed by the 2001 Children’s Act. However, removal of the common law defence requires an explicit provision in new legislation.

Corporal punishment of children is currently prohibited in all settings, including the home, in 18 of the 47 member states of the Council of Europe, but in Ireland outlawing physical punishment is seen as problematic given the constitutional guarantees regarding the family.

The Times reports that council and other international bodies have repeatedly criticised the absence of a ban in Irish law.

It is unlikely that a ban could be introduced in advance of the referendum on children’s rights, planned to take place next year.

Nster.com

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32 Comments

15 - 32 | See all comments

IrelandNorth | Jan 04, 2012, 08:53 AM EST

Well intentioned intrusion into the domestic affairs of private citizens by an increasingly busybody nanny state. Plato opined in his famous 'Republic' that the mark of a true philosopher-king (i.e. President) was less, not more legislation. Give free therapy to stressed-out parents.

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peterson | Dec 31, 2011, 01:35 PM EST

I got smacked when I was a kid and deserved it. That is the problem with a lot of the brats now, they need a good smack and they will remember why they got it !!!

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Penny55 | Dec 29, 2011, 10:07 PM EST

Are you still be lonely? Do you want someone to companion with you. My- friends told me a nice place ------ 'Millionairesocial.C-O-M There are so many beautiful /successful people!,young girls / rich men. to- int'eract with each other., "everything to everyone"dating \.marry .even, a nice club for y'ounger women and old'er men, or older women and y'ounger men, and Age is no problem. everything is possible!You do not have to be rich or famous

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Paullus | Dec 29, 2011, 12:38 PM EST

I think this proposal, STINKS! It is this errosion of parential control (in the discipline area) that is raising a generation of malcontents who feel that they can set the tone for what is right and what (may?) be wrong in what one may or maynot do with their lives! They have no moral compass; their compass is: if it feels good and you hurt no one, then it is good! Of course, they are assuming their judgements as to what is good and not hurting anyone, is the correct one and not subjective. Their moral code (if one can call it that) can change like the wind, as in what is HOT and what is not HOT! God help us all when they become the moral foundation upon which society will function!

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naloolan | Dec 29, 2011, 05:22 AM EST

The day corporal punishment ceased in schools was the start of total regard & disrespect for all authority ! The idea of 'outsiders' ruling for what happens in private homes is ridiculous. Am all for a good smack. Once again, due to the minority abusing the situation, the ruling is for all. 'Take that' !!

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sirpeter | Dec 28, 2011, 09:54 PM EST

Georgie Boy. Only when your wife is giving me the spanking.We have a deal which get her really excited.I have to pretend I'm you.

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cillowen | Dec 28, 2011, 08:53 PM EST

turn the other cheek - programmed to fit the new Empire of the HAVES - their calves bound for slaughter. Donna donna donna da .......................... On a waggon bound for market there`s a calf with a mournful eye. High above him there`s a swallow, winging swiftly through the sky. How the winds are laughing, they laugh with all their might. Laugh and laugh the whole day through, and half the summer`s night. Donna, Donna, Donna, Donna; Donna, Donna, Donna, Don. Donna, Donna, Donna, Donna; Donna, Donna, Donna, Don. "Stop complaining!“ said the farmer, Who told you a calf to be ? Why don`t you have wings to fly with, like the swallow so proud and free?“ Chorus Calves are easily bound and slaughtered, never knowing the reason why. But who ever treasures freedom, like the swallow has learned to fly.

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alisaann | Dec 28, 2011, 05:45 PM EST

hands are NOT FOR HITTING....and you can lose control too quickly....and hitting doesn't always solve the problem....just like the death penalty was seen as a way to deter (sp?) further crime...it hasn't. alisa

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seamusdenais | Dec 28, 2011, 05:41 PM EST

If they want to take over the job of discipling our kids then why don't they then spend millions on child psychologists who would go around to every home in Ireland analyzing every single silly tantrum

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jacersagain | Dec 28, 2011, 02:38 PM EST

I did not write the post shown below at 10.33AM. Mine is the one at 10.36AM.

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GeorgeDillon | Dec 28, 2011, 02:06 PM EST

I understand the poster sirpeter enjoys a good spanking every Saturday night. What say you, sirpete?

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FastEddy | Dec 28, 2011, 02:01 PM EST

"Don't make the same mistake made here in NZ. Because of the ban on smacking (NOT beating) children we now have rude arogant children who disrespect elders and deem it their right to do whatever they like to disrupt others. ..." Same as here in the USA. Oh, well, making them future g'ment employees may be our only hope ... or as occupy outlaws.

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jennywrennz | Dec 28, 2011, 01:40 PM EST

Don't make the same mistake made here in NZ. Because of the ban on smacking (NOT beating) children we now have rude arogant children who disrespect elders and deem it their right to do whatever they like to disrupt others. We have children who scream and throw tantrums wherever they choose to and show disrespect for their parents who are too scared to punish with a slap to the bottom. They run around in restaurants causing disruption to diners. Many's the time we have growled at a child to behave and got verbal abuse in return. Ban smacking at your ouwn peril and suffer the consequence of future criminals who believe they can do as they want, whenever they want. We have brought up two children who before they were 5yrs old got the occasional smack on the bottom or leg and none since, both are good citizens and respect us and others. The answer lies in harsher punishment for the abusing adult not the smacking for discipline of children. They are our greatest asset in life so don't let them down by not teaching them how to fit into society by a smack or two when youngsters. Those who think this can be done verbally are just as bad as the abusers for they give no guidance for their childs future. Schools have major problems because of the ban on punishment and many pupils are disruptive and prevent those who want to get on from doing so. Many teachers are afraid of their pupils because of the ban. Ban at your own peril, of future thugs!

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proudirishlass | Dec 28, 2011, 12:15 PM EST

We all agree that children need discipline and guidance,but how can this be achieved. Children do not arrive with manuals so before we make that decision to become parents we need to get educated in that field. We need to be honest with ourselves. Adults need to have self discipline. Everyone planning a family needs to ask themselves are THEY good parenting material. In my opinion there are many people NOT prepared to make the sacrifices to be parents. They are living in a romantic fairytale. Most people do not have a clue about what is involved and that it is a LIFETIME commitment. It requires patience love and understanding and control of ones temper.Honesty is the best policy. If you don't think that you have the personality to be a devoted parent then don't bring a child into the world. I believe that right from birth and maybe before a child knows if its loved and wanted. This beginning forms his/her personality and behavior.Taking the time to talk to and listen to a child is very important. We need to let the child know that their opinions are important and in turn they will learn to listen to and respect their parents.A child needs to be able to understand what is expected of him/her. We all know that being a dictator and tyrant does not work any where in the world so why think it will work in your home. Many parents are too over whelmed to realize that a temper tantrum is an expression of frustration. Frequently a child does not have the words to explain their problems or maybe no ones willing to listen to what they have to say. Instead of hitting,yelling and screaming how about the parents take a time out and learn to deal with your angry frustrated child in a positive constructive way so that they will grow into responsible law abiding citizens. Society of the future depends on Your actions today.I am a parent and a teacher and have had time to analyze my parenting skills and the results. Hind sight is 20/20

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howareya | Dec 28, 2011, 12:07 PM EST

There is a definite difference between abuse and discipline. I think it totally depends on the child. I have 3 children and as kids, they were different. My oldest daughter and youngest son would respond to verbal corrections. They would be devastated if they thought you were angry with them. My middle son, however, was another matter. We would have to give him a slap on the bottom every once in awhile to get his attention. They are now in their 30's and I am very proud of the adults they have grown into. If they outlaw physical punishment, the abusers will still do it anyway. Government should keep out of our homes!!!

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