Smacking votes

The details

On 2^nd November 2004 the House of Commons debated and voted on an amendment to the Children Bill passed by the House of Lords.

The amendment partially restricted the right of parents to smack their children. It removed the defence of ‘reasonable chastisement’ from some criminal offences, but retained the defence for charges of common assault. Until this point ‘reasonable chastisement’ could be used a defence against a range of criminal charges.

The Commons held two separate votes on the Lords’ amendment. The first was on an alternative amendment by David Hinchliffe MP to replace the Lords’ amendment with a complete ban on all parental smacking. MPs rejected his amendment by 77 votes to 426.

The second vote was on an amendment by Andrew Turner MP to delete the Lords’ amendment. Andrew Tuner’s amendment, therefore, would have kept the existing law on smacking. His amendment was defeated by 210 votes to 286.

As both votes were lost, the Lords amendment (to partially restrict the parental right to smack) became law.

It was the policy of the Labour Party to oppose the Hinchliffe amendment – a three-line whip was imposed on Labour MPs to vote against.¹ Labour MPs were given a ‘free vote’ on the Turner amendment.

Conservative MPs had liberty to vote according to their conscience on both the Hinchliffe and the Turner amendments.

It is party policy for the Liberal Democrats to support a complete ban – most, but not all, of its MPs supported Hinchliffe. Four Lib Dem MPs voted to keep the existing law on smacking (against Hinchliffe and for Turner). Many more Lib Dem MPs voted for the Lords’ amendment (by opposing both Hinchliffe and Turner). After Hinchliffe was lost some MPs who supported a complete ban voted tactically for Turner (to keep the present law) for political reasons.

How we recorded the vote

• Voted for a complete ban on parental smacking
• Voted for restricting the parental right to smack
• Voted against restricting the parental right to smack
• Abstained or was absent on the votes for restricting the parental right to smack

Voting examples

Our statement of an MP’s position on smacking describes their votes on the Hinchliffe and Turner amendments combined together.

The first vote was on the Hinchliffe amendment. Any MP who voted for this amendment was supporting a complete ban on parental smacking, regardless of how they subsequently voted on Turner.

Here are three examples:

“Voted for a complete ban on parental smacking” covers:

• Richard Allan – who voted for Hinchliffe and for Turner.
• Kevin Barron – who voted for Hinchliffe and abstained or was absent on Turner.
• David Chaytor – who voted for Hinchliffe and against Turner.

MPs who voted against Hinchliffe and against Turner were thereby supporting the Lords’ amendment which restricted the parental right to smack. Thus “Voted for restricting the parental right to smack” covers Irene Adams who voted against Hinchliffe and against Turner.

Likewise, MPs who abstained or were absent on Hinchliffe, but who voted against Turner were supporting the Lords’ amendment. Thus “Voted for restricting the parental right to smack” covers Anne Begg who abstained or was absent on Hinchliffe, but voted against Turner.

MPs who voted against Hinchliffe and for Turner were voting against restricting the parental right to smack – i.e. they were voting to keep the existing law on smacking. Thus “Voted against restricting the parental right to smack” covers Peter Ainsworth who voted against Hinchliffe and for Turner.

MPs who voted against Hinchliffe and abstained or were absent on Turner were definitely voting against a complete ban. By voting against Hinchliffe, those MPs were voting against restricting the parental right to smack. Thus “Voted against restricting the parental right to smack” covers Diane Abbott who voted against Hinchliffe, but who abstained or was absent on Turner.

MPs who abstained or were absent on Hinchliffe, but who voted for Turner were voting to keep the existing law on smacking (against any restriction). Thus “Voted against restricting the parental right to smack” covers Bill Cash who abstained or was absent on Hinchliffe, but voted for Turner.

1. ¹The Guardian, 3 November 2004