Smacking bill gets Government nod

The Government will support the anti-smacking bill to select committee stage - allowing the issue of the physical disciplining of children to be debated.

Parents and the wider public will also be able to tell the parliamentary committee their views on Green MP Sue Bradford's private member's bill that would repeal section 59 of the Crimes Act - the legal defence allowing parents to use "reasonable force" to punish their children .

Justice Minister Phil Goff said there needed to be discussion about whether the section should be amended, rather than repealed.

"No one in caucus believed that it was desirable to haul parents who smack, but not abuse, their children before the court," Mr Goff said. "But there was also general concern that section 59 could be successfully used as a defence in cases where the vast majority of New Zealanders regarded the parental action as excessive."

Last month, a North Otago woman was found not guilty of assaulting her son despite admitting she hit him with a horse whip and a bamboo cane, and in 2003 a Hamilton man was acquitted after using a rubber hose to beat his daughter.

Mr Goff said surveys had shown that 70 to 80 per cent of the public believed parents should be able to smack their children, but those questioned were adamant there should be strict limits.

"Public attitudes are changing and it is important that the law should reflect these changes and not lag behind them," he said.

National yesterday decided it would oppose the bill.

"We do not wish to make criminals out of law-abiding parents administering the most mild discipline - and that is the danger of removing clause 59 altogether," leader Don Brash said.

The party said if the bill reaches select committee stage it would propose an amendment to define "reasonable force" to prevent situations where the courts have cleared parents of abuse charges, even though they had used extreme violence against their children.

National regards such violence as "completely unacceptable".

United Future deputy leader Judy Turner said whether the party would support the bill to select committee depended on whether it could be amended.

Outside Parliament the bill has gained considerable support with Plunket, Save the Children and the Law Society all backing it.

Chief Families Commissioner Rajen Prasad said yesterday he supported the repeal of section 59 and added that there needed to be a debate on whether there should be a complete ban on smacking.

When the bill returns to Parliament it has to pass second and third readings before it becomes law.

Labour is voting for the bill to proceed to select committee stage, but is undecided whether it will then revert to a conscience vote.

Party positions

* Labour: party vote supporting the bill as far as select committee, undecided after that.
* Progressives: supporting it to select committee.
* National: party vote against the bill.
* Greens: party vote for the bill.
* NZ First: conscience vote.
* Act: conscience vote, but most members oppose the bill.
* United Future: undecided.
* Maori Party: undecided.