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A bill to allow babies to stay with their mothers in prison until they are 2 has won the support of the Human Rights Commission, but some child development experts are concerned that a separation at that age could have severe consequences.
The law and order select committee yesterday heard submissions on Sue Bradford's bill which passed its first reading with the support of every party in Parliament.
Human Rights Commission spokeswoman Dr Judy McGregor told the committee it gave primacy to the rights of the child and as long as its provisions to provide good facilities for child-rearing and parenting education were upheld there were no human rights concerns.
Dr McGregor said that while a mother's rights to liberty were curtailed if she committed a crime, it did not automatically deprive her of other rights.
"And the child, who is innocent, shouldn't be deprived or discriminated against because of the parent's status.
"It is relatively rare where we can say we wholeheartedly support a bill. We usually have some human rights quibble, but we've looked through this and there are checks and balances."
However infant psychotherapist Kate Dent Rennie, who is co-director of the Centre for Attachment, said that if a mother was serving a long term it was better for the baby to be placed with another caregiver rather than face a separation at 2.
She said babies attached very strongly to one person, and if the attachment was disrupted it could have significant effects, even if replaced by another loving and responsible caregiver.
She said parole boards and sentencing judges should take a baby into consideration, and possibly allow slightly early release or allow a baby to stay longer if the baby was due to turn 2 before the mother's release.
Sue Bradford said she found it "quite amazing" to suggest it would be better for a baby not to be placed with its mother at all if it was to be removed after two years.
Ms Dent Rennie said breast feeding was only a small component of the psychological attachment between a baby and its mother. It helped it, but she would favour a consistent caregiver relationship from birth over a breastfeeding relationship that had to be broken.
Child psychotherapist Gabriela Wittmann also said an ongoing bond between a baby and one caregiver was crucial for development and disrupting that relationship before the age of 3 could cause issues, such as behavioural problems.
She said a child was old enough to understand what was happening at 3.
The Families Commission noted there was a scarcity of research on the impact of prison on children, so a move to two years must include chances for children to "interact with the 'outside world' and other family members".
The Howard League for Penal Reform expressed concern about whether Corrections could provide the right facilities and support for longer-term care of children.
"The question is whether we should keep children in that abnormal environment until they are 2 or 3," it said. "It isn't a normal environment."
