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

Resolved in the negative and amendment disagreed to accordingly.

<[i>Amendment No. 106A had been withdrawn from the Marshalled List.]

moved Amendment No. 106B:

After Clause 48, insert the following new clause-


(1) In relation to any offence specified in subsection (2), battery of a child cannot be justified on the ground that it constituted reasonable punishment.

(2) The offences referred to in subsection (1) are-

(a) an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm);

(b) an offence under section 47 of that Act (assault occasioning actual bodily harm);

(c) an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16).

(3) Battery of a child causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.

(4) For the purposes of subsection (3) "actual bodily harm" has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861 (c. 100).

(5) In section 1 of the Children and Young Persons Act 1933 (c. 12), omit subsection (7)."

<[i>Amendments Nos. 106C to 106E not moved.]

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

Their Lordships divided: Contents, 226; Not-Contents, 91.

Debate in Parliament | Historical Hansard | Source |

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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 (Content)Minority (Not-Content)Turnout
Bishop1 03.8%
Con27 64 (+2 tell)43.9%
Crossbench36 926.3%
Green1 0100.0%
Independent Labour0 1100.0%
Independent Socialist1 0100.0%
Lab122 (+1 tell) 765.7%
LDem32 (+1 tell) 760.6%
Total:220 8846.2%

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

Lord Bowness Con (front bench)aye
Lord Brooke of Sutton MandevilleCon (front bench)aye
Baroness Buscombe Con (front bench)aye
Baroness Carnegy of LourConaye
Lord Crathorne Con (front bench)aye
Baroness Cumberlege Conaye
Lord Hayhoe Conaye
Lord Henley Conaye
Lord Howe of AberavonCon (front bench)aye
Lord Hunt of WirralCon (front bench)aye
Lord Kingsland Con (front bench)aye
Lord Laidlaw Conaye
The Earl of LiverpoolConaye
Lord Lyell Conaye
Lord Marlesford Con (front bench)aye
Lord Mayhew of TwysdenCon (front bench)aye
Lord Montagu of BeaulieuConaye
The Duke of MontroseCon (front bench)aye
Lord Murton of LindisfarneConaye
Lord Newton of BraintreeConaye
Lord Northbrook Conaye
The Earl of OnslowConaye
Earl Peel Conaye
Lord Roberts of ConwyCon (front bench)aye
The Earl of SelborneConaye
Lord Soulsby of Swaffham PriorCon (front bench)aye
Lord St John of FawsleyConaye
Lord Ackner Crossbenchno
Viscount Bledisloe Crossbenchno
Lord Chan Crossbenchno
Lord Elis-Thomas Crossbench (front bench)no
The Earl of ErrollCrossbench (front bench)no
Lord Greenway Crossbench (front bench)no
Lord Kilclooney Crossbenchno
Lord Monson Crossbenchno
Lady Saltoun of AbernethyCrossbench (front bench)no
Lord Dixon Lab (minister)no
Lord Evans of ParksideLabno
Lord Hughes of WoodsideLabno
Lord Jordan Labno
Lord Mason of BarnsleyLabno
Lord Morgan Lab (minister)no
Baroness Rendell of BaberghLab (minister)no
Viscount Falkland LDem (front bench)no
Lord Hooson LDemno
Baroness Miller of Chilthorne DomerLDem (front bench)no
Baroness Sharp of GuildfordLDem (front bench)no
Lord Thomas of GresfordLDem (front bench)no
Baroness Thomas of WalliswoodLDem (front bench)no
Baroness Walmsley LDem (front bench)no

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