COMMONS AMENDMENT (Hansard, 30 October 1986)

§ Baroness Young
My Lords, I beg to move that this House do agree with the Commons in the said amendment, and I shall speak at the same time to Amendments Nos. 85, 86 and 101. Both Houses of Parliament have now voted for the abolition of corporal punishment. Your Lordships' proposals for this—in the words to be removed by Amendments Nos. 42 and 101—did, however, contain a number of technical defects. Technically sound provisions come back to us from the other place in the form of the two new clauses after Clause 39 in Amendments Nos. 85 and 86.
Moved, That this House do agree with the Commons in the said amendment.—(Baroness Young.)

§ Lord McIntosh of Haringey
My Lords, this may be the only opportunity available to those of us who voted by a small majority in favour of the abolition of corporal punishment to take note of this fact, and also to recognise that by an even smaller majority another place came to the same conclusion. The Government have accepted the verdict of both Houses in the amendment now proposed. We must be grateful to the 810 Government for producing better wording than we put forward. We must recognise that our wording was defective, not only in detail in respect of England and Wales, but also that it did not apply adequately to Scotland.
There are of course still defects in the law relating to corporal punishment. It is unfortunate that this Bill does not apply to independent schools as well as to state schools, but no doubt that matter will be resolved very rapidly in the European Court of Human Rights and the same rights will in due course extend to pupils in independent schools. However, it is right that we should say that an unintended, but very valuable addition, has been made to the statute book in the form of these amendments, to express our appreciation to all who took part in the campaign to see that they started on their way in both Houses, and hope that this is one change which will never be reversed in our country again.

§ Lord Houghton of Sowerby
My Lords, I should like to support my noble friend who has just spoken. We spend a lot of time in this House airing our grievances, but very little time celebrating our victories. This tiresome, difficult and controversial subject has been hanging around for so long. It divided this House at one time and has given rise to considerable debate elsewhere. To have the issue settled at last and to be in the clear with regard to the European Commission on Human Rights is an achievement for Parliament. It surely dispels some of the legends regarding the domination of the Government and the dictatorial attitudes of the Prime Minister. Here is something that has been settled. Both Houses have agreed to it, sometimes in important quarters probably against their own judgment or prejudices. I think that the House ought to rejoice not solely because of the subject which has been disposed of, but for the achievement of the function and the authority of Parliament.