Alastair Birch: Bore da—bore da, bawb. So, I'm Alastair Birch. The statement, really, from ADEW is that the rights of the child should be educated and achieved, really, under the United Nations Convention on the Rights of the Child. The current legislation has been criticised, obviously, by the UN concerning the defence of reasonable punishment still being within our current legislation. So, we will always—ADEW will always—advocate that the rights of the child be upheld, so that is really the fundamental aspect in terms of the statement from ADEW, and the position of ADEW is that the rights of the child are fundamental in this process. And there are certain articles—. I know that the Rights of Children and Young Persons (Wales) Measure 2011 made sure that article 3 and article 4, article 12 and article 37 were a focus in terms of making sure that the best interests of the child were put first, that children expressing their views and opinions was a priority. And we know, for safeguarding purposes, that the express opinions of the child and the voice of the child are a fundamental aspect of any safe environment, whether it be a school or college. So, that is—the position is really following that legal position under the Rights of Children and Young Persons (Wales) Measure.
Lynne Neagle AM: Okay, thank you. Nothing to add at this stage, no?
Sally Jenkins: I'll just add, on behalf of ADSS and on behalf of children's services and social services more widely, for us, this is not a change in our position, this is not new; this is a position that we, on behalf of the leaders of social services across Wales, have taken over many years, going back 20, 25 years. I think what we would say is that we really welcome this Bill and we welcome the proposed change for the clarity it would bring—the clarity that it would bring for children, for parents and for professionals. I think what we would recognise is that this is a very little-used piece of legislation, so it's rare, it's not as if this is something that is going to cast great change across the scene for children and families in Wales, but what it will do is represent a change in the reality of how we care and nurture our children. I would echo absolutely what Alastair has said in terms of the rights of the child, but equally, in terms of all of our policies in Wales in terms of promoting well-being for children, this has to be key. So, for us, this is about a natural progression of change in how we care for our children in Wales. For children's services at the very sharp end of this world, for us, it brings a true clarity. This continues with an ambiguity in how we treat our children and how we care for our children, and the shift for us brings that very much needed clarity.
Lynne Neagle AM: Okay, thank you. The committee has already heard different views about whether there's clear evidence that physical punishment is harmful to children. What evidence does the work of social services provide about whether physical punishment is actually harmful?
Sally Jenkins: Obviously, what you'll all be aware of is that, as part of the consultation for this Bill, the Public Policy Institute did a further piece of research to look at the impact of physical punishment on children. A number of things that we know—we know from across the world that the evidence is that introducing legislation or changing legislation in this way improves children's positions within their families. What we know is that children themselves, as Alastair has already referred to, really find physical punishment demeaning and harmful, and for children it is an emotionally damaging experience. Now, there may be disagreement about that, there will be different views on that, but that's the voice of the child in this debate. The voice of the child is very clear that physical punishment is for them harmful. I think what we would also say is that, in the world that we work in, it's part of a continuum, and, whilst this is an element of how children are cared for, what we see is a continuum where an acceptance of how we treat children in a particular way perpetuates throughout our work. By changing this, it helps that shift to that absolute recognition that our children must be cared for in a way that is physically safe in all dimensions for them.
Lynne Neagle AM: Okay, thank you. We've had evidence from the equal protection network that the reasonable punishment defence undermines child protection and fails to protect children because it permits an arbitrary level of violence, which invades children's physical integrity, making it a potential pathway to more serious physical or sexual abuse, and you did refer to that just now. Is there anything you want to add on that?
Sally Jenkins: I would echo that. I think there is something in this that is about our culture, about how we see our children. It is about how we see our smallest and most vulnerable people, and if it is acceptable it opens the door to those other, more extreme versions of violence, which then complicates the issue for us. This is about clarity, and, whilst there is an argument that this is a small episode for a child, it's not a small episode for a child, it is a major episode for a child, and I think absolutely, as you said, the potential for it then to lead on, and over gradation and time to increase the risk for children, is clearly there.