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

was absent

moved Amendment No. 106:

After Clause 48, insert the following new clause-


(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 311.5%
Con99 247.9%
Crossbench38 12 (+1 tell)30.2%
Green1 0100.0%
Independent Labour1 0100.0%
Lab101 (+2 tell) 2364.0%
LDem4 31 (+1 tell)54.5%
Other3 030.0%
UUP0 133.3%
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

Renton Conaye
St John of FawsleyConaye
Ampthill Crossbenchaye
Condon Crossbenchaye
Darcy de Knayth Crossbenchaye
Elis-Thomas Crossbenchaye
Finlay of LlandaffCrossbenchtellaye
Murphy Crossbenchaye
Ouseley Crossbenchaye
Patel Crossbenchaye
Richardson of CalowCrossbenchaye
Rix Crossbenchaye
Stern Crossbenchaye
Warnock Crossbenchaye
Williamson of HortonCrossbenchaye
Berkeley Labaye
Bernstein of CraigweilLabaye
Billingham Labaye
Bragg Labaye
David Labaye
Faulkner of WorcesterLabaye
Gale Labaye
Harrison Labaye
Hattersley Labaye
Hollick Labaye
Howells of St DavidsLabaye
Judd Labaye
Kennedy of The ShawsLabaye
Morgan Labaye
Pendry Labaye
Peston Labaye
Prys-Davies Labaye
Rendell of BaberghLabaye
Sheldon Labaye
Turner of CamdenLabaye
Uddin Labaye
Whitaker Labaye
Wilkins Labaye
Dahrendorf LDemno
Fearn LDemno
Mackie of BenshieLDemno
Thomson of MonifiethLDemno

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