The Government is considering an outright ban on parents smacking their children, Minister for Children Frances 
Fitzgerald (pictured) has confirmed.
A new law to ban corporal punishment in the home is one of two options under consideration, according to an Irish Times report.
The other is an amendment to existing laws to restrict the circumstances in which parents can plead a defence of “reasonable chastisement” of their children.
The Children’s Ombudsman has previously called on the Government to ban physical punishment.
Responding to a Dáil question, Minister Fitzgerald said no specific proposal to ban smacking had been outlined, but the matter was “under continuous review”.
She said that any outright prohibition would have possible constitutional implications, as the family is given special protection in the Constitution,
She said: “I am encouraged that recent research in this area indicates that the practice of corporal punishment itself is declining in Ireland with 88 per cent of parents opting for other non violent means of correction and in due course the timing may be right to bring forward new proposals.”
In 2005, the Council’s European Committee of Social Rights alleged that Ireland was breaching its international human rights obligations by failing to ban smacking entirely.
Ms Fitzgerald says she will choose between the options “in due course” but has cautioned against expectation of an immediate change in the law. A review of practice in other countries has been carried out.
The Children’s Act, 1908, gave parents the right to use “reasonable and moderate chastisement” in disciplining children but this provision was repealed by the 2001 Children’s Act. However, removal of the common law defence requires an explicit provision in new legislation.
Corporal punishment of children is prohibited in all settings, including the home, in 18 of the 47 member states of the Council of Europe.
It is unlikely that a ban could be introduced in advance of the referendum on children’s rights, planned to take place this year.