KEY POINTS:
An MP who confessed to being the most-smacked child in standard 2 and a former principal who had recanted his use of the strap featured in Parliament's debate on the anti-smacking legislation yesterday.
Green MP Sue Bradford's bill to repeal section 59C of the Crimes Act, which allows
parents to use reasonable force against their children, passed its second reading last night, but faces a much greater challenge to become law.
Last night's debate gave a foretaste of the fight to come, with supporters saying the bill would protect children and opponents saying it would criminalise law-abiding parents.
"I am not one of the people who believe a parent has the God-given right to discipline," said National's Judith Collins, who had earlier confessed to schoolgirl naughtiness. "I do, however, believe a parent has a God-given responsibility to their child. This will criminalise parents who are good parents. It will criminalise parents who, in fact, do their best."
New Zealand First MP Brian Donnelly, who as a teacher and principal had used corporal punishment, said a 1990 law change had meant he could no longer strap his students. As a result, he had had to change his attitude to corporal punishment and it had been a change for the better.
"The mistake we have made is to meld the two concepts of discipline and hitting when, in fact, they are separate constructs."
He said an amendment to be moved by National's Chester Borrows, which would restore a defence of reasonable force, would improve the law.
"However, it still would send a message that it is all right to hit children. This is not a message one should be sending parents."
Maori Party co-leader Tariana Turia said her party believed repealing section 59 was an investment in children living in a violence-free environment.
"As a mother, grandmother and proud great-grandmother, I know too well the challenge of child rearing and how easy it is that even with the best intentions your patience wears thin and the weapon at the end of your arms is too easy to apply," she said.
"I believe that when you smack a child you send a message that it is okay to hit others if you think that they are doing something wrong to you. It is critical that a line in the sand be drawn and the time has come for a strong message of no hitting and non-violence to be promoted in every possible way."
United Future's Gordon Copeland called the bill a gross intrusion by the state into an area way beyond its competence and responsibility.
"The bill as it stands is gravely flawed. I say that because of my deep conviction that the right and responsibility to train and discipline children belongs to parents," he said.
"The role of the state should be limited to ensuring, for the common good, the safety of children."
Labour Taupo MP Mark Burton said the bill would abolish the shield of "so-called reasonable force" but was not a panacea for all social ills.
"In effect, the bill will give children the basic right as the rest of society, that is the right not to be assaulted," Mr Burton said.
"As many commentators have pointed out, even animals enjoy [more] strongly legal protections in some regards than our children. How can any member of this house accept that that is a tolerable situation?"
Mr Borrows said supporters of Ms Bradford's bill said they wanted to send a message.
"Send a message to who? Does anybody really think the killer of the Kahui twins thought about the law before or during the horrific and fatal assaults?" he asked. "I believe we would have a better chance of stemming child abuse if we could legislate for parents to love their children more than golf or work or horses and pokies or booze or the women they ran off with, or TV or fishing."
Mr Borrows challenged Labour to allow its MPs to vote using their conscience, as he was sure many Government MPs would support his amendment if given the chance.
Ms Bradford said opponents of her bill had argued that, somehow, parents had an inalienable and, at times a God-given right, to hit their children in the name of discipline.
"Surely the job of a parent should be to nurture and protect them until they reach independent adulthood, not to use force to physically coerce them into submission."
How your MP voted
FOR 70
Labour (49): Rick Barker, Tim Barnett, David Benson-Pope, Mark Burton, Chris Carter, Steve Chadwick, Charles Chauvel, Ashraf Choudhary, Helen Clark, Clayton Cosgrove, Michael Cullen, David Cunliffe, Lianne Dalziel, Harry Duynhoven, Ruth Dyson, Russell Fairbrother, Darien Fenton, Martin Gallagher, Phil Goff, Mark Gosche, Ann Hartley, George Hawkins, Dave Hereora, Marian Hobbs, Pete Hodgson, Parekura Horomia, Darren Hughes, Annette King, Shane Jones, Luamanuvao Winnie Laban, Moana Mackey, Steve Maharey, Nanaia Mahuta, Trevor Mallard, Sue Moroney, Damien O'Connor, Mahara Okeroa, David Parker, Jill Pettis, Lynne Pillay, Mita Ririnui, Ross Robertson, Dover Samuels, Lesley Soper, Maryan Street, Paul Swain, Judith Tizard, Margaret Wilson, Dianne Yates.
Greens (6): Sue Bradford, Jeanette Fitzsimons, Sue Kedgley, Keith Locke, Nandor Tanczos, Metiria Turei.
National (6): Paula Bennett, Jackie Blue, Chester Borrows, Paul Hutchison, Simon Power, Katherine Rich.
Maori Party (4): Te Ururoa Flavell, Hone Harawira, Pita Sharples, Tariana Turei.
New Zealand First (3): Doug Woolerton, Brian Donnelly, Barbara Stewart.
Progressives (1): Jim Anderton.
United Future (1): Peter Dunne.
AGAINST 51
National (42): Shane Ardern, Chris Auchinvole, David Bennett, Mark Blumsky, Gerry Brownlee, David Carter, John Carter, Bob Clarkson, Jonathan Coleman, Judith Collins, Brian Connell, Jacqui Dean, Bill English, Christopher Finlayson, Craig Foss, Jo Goodhew, Sandra Goudie, Tim Groser, Nathan Guy, John Hayes, Phil Heatley, Tau Henare, John Key, Colin King, Wayne Mapp, Murray McCully, Allan Peachey, Eric Roy, Tony Ryall, Katrina Shanks, Clem Simich, Lockwood Smith, Nick Smith, Georgina te Heuheu, Lindsay Tisch, Anne Tolley, Chris Tremain, Nicky Wagner, Kate Wilkinson, Maurice Williamson, Pansy Wong, Richard Worth.
ACT (2): Rodney Hide, Heather Roy.
New Zealand First (4): Peter Brown, Ron Mark, Pita Paraone, Winston Peters.
United Future (2): Gordon Copeland, Judy Turner.
Independent (1): Taito Phillip Field.
