KEY POINTS:
Green MP Sue Bradford is cautiously optimistic her bill removing the defence of justifiable force when charged with assaulting a child will survive a vote on Wednesday night.
MPs are due to debate the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill after it was reported back from select committee last year.
The bill has sparked emotional debate both in and outside Parliament and this is likely to continue.
Many MPs only let it progress to select committee to allow the issues to be debated and it is not known how many of those with reservations will vote for it.
"It is the $64 million question," Ms Bradford said.
"I'm counting on a daily basis. I am not resting easy on this, but I feel optimistic."
Opponents say they want parents to be allowed to lightly smack their child and the bill represents am invasion on the rights of parents to discipline their children.
They call the bill the "anti-smacking" law.
The bill supporters say it protects children from harm and say they are the only group in New Zealand who do not have the right to be free from violence.
Ms Bradford calls it the "anti-beating" bill.
Ms Bradford said the debate has highlighted the gaps between two value systems in New Zealand society -- one that argues the right of parents to discipline a child is paramount, and the other the right of children to be free from violence
The law is largely silent on the discipline of children, even though corporal punishment in schools is banned.
Instead section 59 of the Crimes Act allows a defence of justifiable force if charged by police with assaulting a child.
The bill originally proposed a simple repeal of the section, but in select committee this was watered down.
The bill's critics say, as originally drafted, it will see parents prosecuted if they send their child to time out, stop them from crossing the road in traffic, or restrain them when they loose control.
Ms Bradford says the changes are unnecessary and watering down the bill has put off many supporters and confused others.
If the bill survives a vote after debate on the select committee report it will go to the committee stages where it could face further amendment.
Ms Bradford says National MP Chester Borrows wants amendments to define what justifiable force means.
"It will be a mistake."
She believes most parties are going to vote as a block on the issue, though she is hoping there will be some dissenters.
She names senior National MP Katherine Rich as a supporter, though many of National's MPs have come under heavy lobbying from social conservatives from within the party and outside to maintain the legal status quo.
One high profile supporter is Prime Minister Helen Clark who even used part of her opening statement to Parliament last week to back Ms Bradford's bill as it was originally drafted.
Another factor that might help the bill's survival is the recent international report which showed New Zealand lagging behind in statistical measures on the care of children.
Most of the countries at the top of the rankings have passed similar laws proposed by Ms Bradford.
- NZPA
