Monday, November 20, 2006

Banning Smacking
NZ Politics

So the Justice and Electoral Select Committee has reported back on Sue Bradford's bill to outlaw smacking and has recommended that it proceed and repeal section 59 of the crimes act. I have not yet read the report itself, but David Farrar reports that the committee explicitly rejected a great compromise from Chester Burrows that would have drastically reduced the possibility of someone escaping an assault charge for child abuse under section 59.warlords battlecry 3 nocd

This is very disappointing, and I hope Labour realises this before the final reading, which will probably occur early next year. I disagree with repealing section 59 simply because it causes normal and loving parents to become criminals. Sure, in most cases they would never be prosecuted, but they are still technically breaking the law. And some official could easily change the police interpretation of the law and start charging parents for smacking.warlords battlecry 3 nocd

I agree that parents using section 59 to abuse their children is dispicable. However, the solution is not to repeal it. It could easily be clarified (either along the lines proposed by Chester Burrows, or using some other alternatives) to indicate what is reasonable force.warlords battlecry 3 nocd

It is a worry when the select committe "expect(s) prosecutors not to bring trifling matters to court and to use other options for minor breaches, such as warnings and cautions". This is simply Parliament abdicating responsiblity. It is the role of Parliament to make the law - yet here they are repealing part of the law, yet simultaneously asking it not to be enforced in some circumstances.warlords battlecry 3 nocd

Hopefully common sense prevails and this bill is ammended before being passed.warlords battlecry 3 nocd

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