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| Wales explores child smacking ban | Wales explores child smacking ban |
| (about 4 hours later) | |
| A ban on smacking children in Wales is being considered by the assembly government, despite such a move being ruled out by the UK Government. | A ban on smacking children in Wales is being considered by the assembly government, despite such a move being ruled out by the UK Government. |
| A legal expert has claimed the assembly government could start the process to make smacking a criminal offence. | A legal expert has claimed the assembly government could start the process to make smacking a criminal offence. |
| The assembly government opposes smacking and if it had the right to make its own laws in this area, it would want to outlaw smacking in Wales. | The assembly government opposes smacking and if it had the right to make its own laws in this area, it would want to outlaw smacking in Wales. |
| But it remains unclear if it could gain the legal right to go ahead. | |
| Welsh Secretary Peter Hain, the House of Commons and House of Lords would all have to agree to a Legislative Competence Order (LCO), to enable the transfer of power in the area of safeguarding vulnerable children to the assembly in the first instance. | Welsh Secretary Peter Hain, the House of Commons and House of Lords would all have to agree to a Legislative Competence Order (LCO), to enable the transfer of power in the area of safeguarding vulnerable children to the assembly in the first instance. |
| Even then, it is not clear whether those powers would allow the assembly to pass its own law banning smacking. | Even then, it is not clear whether those powers would allow the assembly to pass its own law banning smacking. |
| But on Thursday the Labour-Plaid coalition government made it clear that, if it had the right to legislate, it would use it to ban smacking. | But on Thursday the Labour-Plaid coalition government made it clear that, if it had the right to legislate, it would use it to ban smacking. |
| Broad | Broad |
| Former government legal advisor Professor David Lambert, said a request for the right to legislate - known as an LCO - proposed by the assembly government on vulnerable children, was so broad it could be an enabling power for the assembly to ban smacking. | |
| "The only way to challenge it then would be through the courts," he added. | "The only way to challenge it then would be through the courts," he added. |
| The Wales Office said discussions were underway in the assembly government on the vulnerable children LCO and they could give no further comment. | The Wales Office said discussions were underway in the assembly government on the vulnerable children LCO and they could give no further comment. |
| They said the LCO had not been submitted to them yet. | They said the LCO had not been submitted to them yet. |
| Lynne Hill from the charity Children in Wales, said that if an LCO on smacking was blocked by Westminster, they would be disappointed. | Lynne Hill from the charity Children in Wales, said that if an LCO on smacking was blocked by Westminster, they would be disappointed. |
| "Wales has very much taken up the rights of children in recent years, and the Welsh Assembly Government has been very strong on children's rights - a ban on smacking would very much fit into that policy framework," she added. | "Wales has very much taken up the rights of children in recent years, and the Welsh Assembly Government has been very strong on children's rights - a ban on smacking would very much fit into that policy framework," she added. |
| The assembly as a whole voted in favour of banning smacking in January 2004, but the move had no legal weight. | The assembly as a whole voted in favour of banning smacking in January 2004, but the move had no legal weight. |
| Laws in England and Wales were tightened in 2004 to mean that mild smacking was allowed but any punishment which causes visible bruising, grazes, scratches, minor swellings or cuts can result in action. | Laws in England and Wales were tightened in 2004 to mean that mild smacking was allowed but any punishment which causes visible bruising, grazes, scratches, minor swellings or cuts can result in action. |
| Earlier, MP for Cardiff West, Kevin Brennan, said a UK Government review had shown that the tighter laws were working. | Earlier, MP for Cardiff West, Kevin Brennan, said a UK Government review had shown that the tighter laws were working. |