Clark defends smacking bill going to committee

A bill removing the legal defence of "reasonable force" for parents punishing their children should be examined by a parliamentary committee rather than dismissed out of hand, Prime Minister Helen Clark says.

Greens MP Sue Bradford's private member's bill that would repeal section 59 of the Crimes Act is expected to face its first reading in Parliament this month.

A Herald-DigiPoll published at the weekend showed more than 70 per cent of voters want parents to keep the right to use "reasonable force" to punish their children.

The survey showed 71.2 per cent of voters believed section 59 of the Crimes Act -- which gives parents the legal defence of reasonable force -- was needed. The polled revealed 21 per cent disagreed.

But Miss Clark said today there was no reason the bill should not go to a select committee for examination.

"We can all put our heads in the sand and say lets not even discuss this issue, or we can say should a parliamentary committee thrash through the issues," she told Newstalk ZB.

"I would have thought most Kiwis are reasonable people and can see there are issues to be discussed here when we are seeing our courts let very violent assaults go unpunished."

Miss Clark said there were three options in regard to the current law. The first was leaving the law as it was.

"But many people can see that that is letting outright assault on children go unpunished."

The second option was to change the law as Ms Bradford was proposing so there was no defence of reasonable force, but there was also no explicit ban on smacking.

The third option was defining what "reasonable force" was so juries had a strict criteria which they could apply.

The third option was favoured by the Government.

The bill is expected to pass its first reading.

Supporters of the bill said the weekend poll result was partly because of a lack of understanding and a fear parents would be arrested for lightly smacking their children.

Ms Bradford has said her bill would not outlaw smacking. It would simply remove the defence of reasonable force.

"Parents fear that they are going to be arrested, that someone will dob them in for smacking their child. I can understand that fear and that is not my intention."

Act MP Stephen Franks has said if the section was lost parents could feasibly be charged with assault for lightly smacking their child.

- NZPA