At its meetings on 25 September and 23 October 2018, the Delegated Powers and Law Reform Committee considered the delegated powers in the Children (Equal Protection from Assault) (Scotland) Bill. This Bill was introduced by John Finnie on 6 September 2018.ⁱThe Bill as introduced is available here. The Member has produced a Delegated Powers Memorandum ("DPM").ⁱThe Delegated Powers Memorandum is available here.

The Committee submits this report to the lead Committee for the Bill (the Equalities and Human Rights Committee) under Rule 9.6.2 of Standing Orders.

The Bill consists of 5 sections.

Section 1 abolishes the rule of law that the physical punishment of a child in the care of a parent or a person caring for a child is justifiable and not an assault. Section 1 also repeals section 51 of the Criminal Justice (Scotland) Act 2003.

Section 2 places a duty on Scottish Ministers to promote public awareness and understanding of the effect of section 1.

Section 3 makes transitional and savings provision for the purposes of the effect of section 1.

Sections 4 and 5 contain the commencement and short title provisions.

At its meeting on 23 October, the Committee considered the one delegated power in the Bill:

Section 3(3) - power to make such further transitional, transitory or saving provision as is considered necessary or expedient in connection with the coming into force of section 1.

The Committee determined that it did not need to draw the attention of the Parliament to the delegated power.