Justice Minister Jim Wallace signalled another U-turn last week when he dropped plans for a ban on smacking children under the age of three.

The about-turn came in the wake of a report by an influential Scottish Parliament committee which concluded that the proposal in the Criminal Justice Bill would be unworkable.

The justice 2 committee said: "Having considered carefully all the oral and written evidence on this proposal, the majority of the committee concluded that there was no convincing evidence that the proposals here would reduce harm to children to such an extent as to justify a blanket provision of this kind."

It added: "We do not wish to see an increase in the prosecution of parents for moderate physical punishment and we do not accept that it is realistic to remove an available defence to the charge of assault while at the same time reassuring Parliament that the number of prosecutions will not increase as a result."

In an unprecedented move Mr Wallace issued his response to the report on the day it was released, rather than within eight weeks as is the norm.

He said: "I have said repeatedly that I would pay very particular attention to the views of Parliament on this matter. It is clear from the report that there is insufficient support from MSPs to impose any age ban on the smacking of very young children.

"I have discussed the position with the First Minister and we recognise the strong views of our parliamentary colleagues.

"We will therefore recommend to Cabinet that the age-related element does not proceed."

It was the second time in just over a week that the Justice Minister has made an embarrassing about-face. Recently he changed his mind on the closure of Peterhead Prison.

Last weeks announcement was hailed as a victory for common sense by the SNP.

SNP education spokesman Mike Russell said: "Jim Wallace failed to convince Scots parents that there was any need for a ban on smacking and has now been forced to drop it in the face of implacable public and parliamentary opposition.

"This is a victory for common sense and a triumph for the Scottish Parliament."

Scots Tory Justice spokesman Lord James Douglas-Hamilton said the Conservatives had claimed all along that children had sufficient protection under the law and that the ban on smacking was "unwanted, unnecessary, unworkable and unenforceable".

He said: "After spending months resisting our claims, today's U-turn from Jim Wallace is a serious humiliation for him, his Cabinet colleagues and their flagship Criminal Justice Bill."

Eleanor Coner, convener of the Scottish Parent Teacher Council, called it a "great day for parents". "If you have a small child go towards a road or an open fire you give them a small smack on the bottom or tap on the hand," she said.

"This bill was saying that would be illegal and you could end up in court. The Executive said that would not happen, but what is the point of having a law if you are not going to use it."

But children's charities were disappointed by the Executive climb-down.

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