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

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 |

Public Whip is run as a free not-for-profit service. If you'd like to support us, please consider switching your (UK) electricity and/or gas to Octopus Energy or tip us via Ko-Fi.

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%
Con98 247.2%
Crossbench38 12 (+1 tell)29.8%
Green1 0100.0%
Independent Labour1 0100.0%
Independent Socialist1 0100.0%
Lab100 (+2 tell) 2363.1%
LDem4 31 (+1 tell)54.5%
Total:243 7147.0%

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

Lord Renton Conaye
Lord St John of FawsleyConaye
Lord Ampthill Crossbenchaye
Lord Condon Crossbenchaye
Baroness Darcy de Knayth Crossbenchaye
Lord Elis-Thomas Crossbench (front bench)aye
Baroness Finlay of LlandaffCrossbench (front bench)tellaye
Baroness Murphy Crossbenchaye
Lord Ouseley Crossbenchaye
Lord Patel Crossbench (front bench)aye
Baroness Richardson of CalowCrossbenchaye
Lord Rix Crossbenchaye
Baroness Stern Crossbenchaye
Baroness Warnock Crossbench (front bench)aye
Lord Williamson of HortonCrossbench (front bench)aye
Lord Berkeley Labaye
Lord Bernstein of CraigweilLabaye
Baroness Billingham Lab (minister)aye
Lord Bragg Labaye
Baroness David Labaye
Lord Faulkner of WorcesterLab (minister)aye
Baroness Gale Lab (minister)aye
Lord Harrison Lab (minister)aye
Lord Hattersley Labaye
Lord Hollick Labaye
Baroness Howells of St DavidsLab (minister)aye
Lord Judd Lab (minister)aye
Baroness Kennedy of The ShawsLabaye
Lord Morgan Lab (minister)aye
Lord Pendry Labaye
Lord Peston Labaye
Lord Prys-Davies Labaye
Baroness Rendell of BaberghLab (minister)aye
Lord Sheldon Lab (minister)aye
Baroness Turner of CamdenLabaye
Baroness Uddin Labaye
Baroness Whitaker Labaye
Baroness Wilkins Lab (minister)aye
Lord Dahrendorf LDemno
Lord Fearn LDemno
Lord Mackie of BenshieLDemno
Lord Thomson of MonifiethLDemno

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

The Whip on the Web

Help keep PublicWhip alive