The Mapp Report
20 April 2007
www.waynemapp.co.nz

Section 59 - Let's talk

This week John Key has suggested to Sue Bradford it is time to talk about the best way forward on her Bill to amend section 59 of the Crimes Act. One of John’s attributes is that he looks for ways to solve problems, rather than playing traditional politics. It is a refreshing change.

There is a strong basis for a consensus approach, based on two fundamentals. First, good parents should not be criminalised for ordinary parental behaviour. Second, there is broad recognition that the threshold in s. 59 is too high. The use of cords, wooden sticks or horse whips has been permitted under the existing law. Not many people would go along with that. Polling in North Shore is consistent on this. 85% say parents should not be criminalised for a light smack; 86% say implements should be outlawed.

This is the view of virtually all members of Parliament including the Prime Minister. She said before the last election that she absolutely did not support a ban on smacking because to do so would be trying to defy human nature.

Even Sue Bradford, the promoter of the Bill, has said she doesn’t want parents prosecuted for a light smack. You would think that with this level of consensus the law could be got right.

The trouble is that the bill will criminalise every parent who occasionally lightly smacks their child. Supporters of the bill say this doesn’t matter because no one will be prosecuted for correcting children with a light smack. But if they are right, and if no one is going to be prosecuted in such circumstances then it should not be illegal. It should not be a crime.

This is bad law. The backers of this bill are saying, “Trust the police and the courts not to enforce it”. But it is the duty of Parliament to make sure that the law sets out what is permissible. Parents should not have to rely on police discretion. The job of the police is to enforce the law, not make the law.

So let’s replace Section 59 with a law that meets the objectives we all claim to share, and that allows parents to determine good parenting.

It can be done. Parliamentarians deal with legislation of far greater complexity than this all the time. And, given the Government’s light legislative agenda, we have the time to get this law right.

Parents have the most important job in our society, caring for and raising the next generation. We owe them nothing less. National intends to work with others for a workable solution that ensures the wellbeing of parents and their children.

Events

Defence Seminar Series

April 26 2007

Beehive Theatrette

Wellington

6pm - 9pm

Tickets: $20 (light meal provided)

North Shore MP Wayne Mapp will host the second of his Defence Seminars in the 2007 Defence Seminar Series. He will be joined by experts on defence to discuss this important issue. This is a great opportunity to listen to their thoughts and also have your say on the future of Defence in New Zealand.

Phone 4860005 or email office@waynemapp.co.nz for bookings.

ENDS