Children Bill [HL] — 5 Jul 2004 at 14:30

Baroness Rendell of Babergh voted in the minority (Content).

moved Amendment No. 106:

After Clause 48, insert the following new clause-

"REASONABLE CHASTISEMENT

(1) Battery of a child cannot be justified in any proceedings on the grounds that it constituted lawful punishment.

(2) Battery of a child is not unlawful if the act amounts to the use of reasonable force in order to-

(a) avert an immediate danger to the child or any other person;

(b) avert an immediate danger to property; or

(c) prevent the commission of a crime, or an act which would be a crime if the child had reached the age of criminal responsibility.

(3) For the purpose of subsections (1) and (2) above "child" means a person under the age of 18.

(4) Section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under sixteen) is amended as follows.

(5) In subsection (7) at end insert "subject to subsection (8) below".

(6) After subsection (7) insert-

"(8) Corporal punishment administered to a child cannot be justified in any proceedings on the ground that it was administered in pursuance of a right exercisable by virtue of subsection (7) above.

(9) For the purpose of subsection (8) above, administering corporal punishment to a child means doing anything for the purpose of punishing that child which would constitute unlawful battery."

(7) This section extends to England and Wales only."

On Question, Whether the said amendment (No. 106) shall be agreed to?

Their Lordships divided: Contents, 74; Not-Contents, 249.

Debate in Parliament | Historical Hansard | Source |

Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Not-Content)Minority (Content)Turnout
Bishop0 311.1%
Con99 247.9%
Green1 0100.0%
Ind Lab1 0100.0%
Lab101 (+2 tell) 2364.0%
LDem4 31 (+1 tell)54.5%
Other3 030.0%
UUP0 133.3%
Crossbench38 12 (+1 tell)30.2%
Total:247 7247.2%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Lord Renton Conaye
Lord St John of FawsleyConaye
Lord Berkeley Labaye
Lord Bernstein of CraigweilLabaye
Baroness Billingham Labaye
Lord Bragg Labaye
Baroness David Labaye
Lord Faulkner of WorcesterLabaye
Baroness Gale Labaye
Lord Harrison Labaye
Lord Hattersley Labaye
Lord Hollick Labaye
Baroness Howells of St DavidsLabaye
Lord Judd Labaye
Baroness Kennedy of The ShawsLabaye
Lord Morgan Labaye
Lord Pendry Labaye
Lord Peston Labaye
Lord Prys-Davies Labaye
Baroness Rendell of BaberghLabaye
Lord Sheldon Labaye
Baroness Turner of CamdenLabaye
Baroness Uddin Labaye
Baroness Whitaker Labaye
Baroness Wilkins Labaye
Lord Dahrendorf LDemno
Lord Fearn LDemno
Lord Mackie of BenshieLDemno
Lord Thomson of MonifiethLDemno

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