HC Deb 13 May 1970 vol 801 cc1253-8

3.48 p.m.

Sir Richard Glyn (Dorset, North)

I beg to move, That leave be given to bring in a Bill to provide for the abolition of execution by hanging or shooting for those offences in respect of which capital punishment is in force, and to provide for the introduction of a humane method of execution; and for connected purposes. To remove any possible misapprehension, I wish to make it clear—[Interruption]

Mr. Speaker

Order. We are on a very serious topic. I hope that the House will listen to the hon. Gentleman.

Sir Richard Glyn

I wish to make it clear that my Bill is concerned solely with a humane method of execution for those offences which are still the subject of capital punishment and is in no way concerned with increasing the number of capital offences.

On the day after the House voted on the abolition of hanging for murder, several newspapers pointed out that the gallows were to be retained at Wands-worth Gaol for executions which might be ordered for those offences for which capital punishment has been retained. It was clear that these executions could not take place until the next war, which seems unlikely to occur for many years. One newspaper published a report of an interview with the common hangman, whose appointment apparently has not been terminated.

These facts go to underline the importance of the recommendations of the Royal Commission on Capital Punishment, which had been specially directed to consider systems of execution. After analysing the five methods of execution then in use in different parts of the world, and two suggested new methods, the Commission recommended that hanging be retained until a better system could be found on the ground that, when carried out by an expert executioner, hanging was the most suitable method then in use.

It pointed out that, with an expert hangman, hanging was humane in the sense that no pain was caused and that the interval between the entry of the executioner into the condemned cell and the moment when a condemned man became unconscious was less than half a minute.

It also quoted examples of other countries where, with inexperienced executioners, the interval was normally as long as six minutes, and it quoted one ghastly example of a condemned man who had to be reprieved after an untrained executioner had made three unsuccessful attempts to hang him. This horrible episode lends weight to the question that aDaily Telegraphrepresentative asked a Home Office spokesman, that is, what would happen if the next war were so many years ahead that, when the remaining gallows was required, there was no experienced hangman available to operate it? The Home Office spokesman replied that this difficuly would be met when it arose.

That reply directly conflicts with the advice of the Royal Commission on Capital Punishment, which recommended " unanimously and emphatically " that methods of execution in Britain should be periodically examined with a view to a change in the system. Had the Royal Commission foreseen any possibility of hanging having to be carried out by inexperienced hangmen, no doubt it would have used even stronger language.

It is difficult to estimate how many executions might be ordered during the next war. We can only be guided by what happened in the last one. During and just after the last war, 15 persons were hanged for espionage and two for treason. On 11 December, the Secretary of State for Defence told the House that, in addition to those 17 executions, there were 49 executions for mutiny and other Service offences during and after the last war, the last being in 1953. It is true that the great majority of the executions took place abroad, but they were ordered by British military courts and carried out, after the sentences had been confirmed, under the British Service discipline Acts.

The great majority of these Service executions were carried out by firing squads, but 14 were by hanging which, with the 17 spies and traitors, gives a total of 31 executions by hanging and rather more by firing squads, all for offences which would still be capital offences if another war were to break out. The Royal Commission mentioned a number of countries which had reintroduced capital punishment for war time offences during and after the last war, although in some cases these countries had abolished capital punishment for every offence many years before.

Incidentally, the Royal Commission considered and rejected execution by firing squad on the grounds that it was neither certain nor humane. In plain words, it meant that the condemned man was not always killed outright. It also pointed out the disadvantage of having a number of executioners.

The new system of execution in the Bill which I seek leave to introduce depends on the fact, long known to scientists, that man cannot live without oxygen and that, if carbon dioxide is removed with the oxygen, no pain or discomfort is involved. Present-day technology enables this to be done in a way not considered by the Royal Commission, because the necessary apparatus did not then exist. Now it can be done by attaching a commercial air-conditioning plant with both input and extractor fans, designed for a large workshop of many cubic feet, to a small execution chamber containing far fewer cubic feet.

This proposed system of execution has the support of leading doctors and anaesthetists. It is not in any way a theoretical proposition because, while investigating the causes of black-outs in aircraft, the Royal Air Force Institute of Aviation Medicine has for many years experimented with the expulsion of both oxygen and carbon-dioxide from a confined space which has been, in its technical term, " over-ventilated " with pure nitrogen.

Nitrogen is not a poisonous or harmful gas. It comprises over three-quarters of the air that we breathe. But nitrogen alone cannot sustain life even for a moment. In this process, it is used solely to expel the oxygen on which life depends.

Experiments have been conducted on volunteers who have been reduced to unconsciousness by " over-ventilation " with nitrogen. When they became unconscious, the nitrogen was turned off and air and oxygen were turned on, so that they revived. Had that not been done, eventually they would have died without regaining consciousness. Published reports show that the volunteers suffered neither pain nor discomfort, but only giddiness and faintness, before they blacked out, which occurred between 17 and 20 seconds from the moment when the nitrogen was turned on. I have spoken to one volunteer who breathed nitrogen until he became unconscious and who confirms that there was no discomfort, but only giddiness and faintness.

One unique feature of this proposed new means of execution is that no trained executioner is required. My Bill provides for the abolition of the post of common hangman. The nitrogen can be turned on by an electric switch operated by an official, or even by an electric timing device.

Experienced prison officers take the view that some condemned men would wish, for religious reasons, to know when their end was approaching, and obviously, their wishes should be respected, and this could easily be done. Other prisoners might prefer to know nothing, in which case they could be offered sedation and taken to the execution chamber in a drugged sleep from which they would not awaken. This system would obviously be more humane than either firing squads or hanging, especially hanging by inexperienced hangmen.

I realise that many hon. Members find the whole question of executions so extremely distasteful that they prefer not even to contemplate the subject—

Mr. Russell Kerr (Feltham)

The hon. Gentleman is enjoying it.

Sir Richard Glyn

But as long as the Wandsworth gallows remain, and British firing squads are liable to be ordered to execute their fellow Servicemen, I hope that many hon. Members will accept the unanimous advice of the Royal Commission on Capital Punishment as to the need for a new humane system of execution and will feel able to support my Motion for leave to bring in a Bill which would do away at one blow with inhumane firing squads, with the last remaining gallows, and with the common hangman.

Question put, pursuant to Standing Order No. 13 (Motions for leave to bring in Bills and nomination of Select Committees at commencement of Public Business):—

The House divided: Ayes 29, Noes 186.

Division No.[126] AYES [14.0 p.m.
Allason, James (Hemel Hempstead) Longden, Gilbert Russell, Sir Ronald
Biggs-Davison, John McAdden, Str Stephen Shaw, Michael (Sc'b'gh & Whitby)
Cordle, John MacArthur, Ian Taylor, Frank (Moss Side)
Cunningham, Sir Knox McMaster, Stanley Thatcher, Mrs. Margaret
Doig, Peter Maginnis, John E. Tilney, John
Galbraith, Hn. T. G. Montgomery, Fergus Wells, John (Maidstone)
Gilmour, Sir John (Fife, E.) More, Jasper Williams, Donald (Dudley)
Glover, Sir Douglas Orr-Ewing, Sir Ian
Glyn, Sir Richard Page, John (Harrow, W.) TELLERS FOR THE AYES:
Kimball, Marcus Pearson, Sir Frank (Clitheroe) Sir Gerald Nabarro and
Lewis, Arthur (W. Ham,) Rhys Williams, Sir Brandon Mr. Edward M. Taylor.
NOES
Alldritt, Walter Gray, Dr. Hugh (Yarmouth) O'Halloran, Michael
Allen, Scholefield Greenwood, Rt. Hn. Anthony Orbach, Maurice
Ashton, Joe (Bassetlaw) Grey, Charles (Durham) Oswald, Thomas
Atkins, Ronald (Preston, N.) Griffiths, Eddie (Brightside) Owen, Dr. David (Plymouth, S'tn)
Atkinson, Norman (Tottenham) Hamilton, William (Fife, W.) Paget, R. T.
Bagier, Gordon A. T. Hamling, william Pannell, Rt. Hn. Charles
Balniel, Lord Hannan, William Pardoe, John
Barnett, Joel Harper, Joseph Parker, John (Dagenham)
Bell, Ronald Harrison, Walter (Wakefield) Pavitt, Laurence
Bennett, James (G'gow, Bridgeton) Haseldine, Norman Pearson, Arthur (Pontypridd)
Bidwell, Sydney Hattersley, Roy Peart, Rt. Hn. Fred
Biffen, John Heffer, Eric S. Pentland, Norman
Biggs-Davison, John Herbison, Rt. Hn. Margaret Perry, George H. (Nottingham, S.)
Binns, John Hooley, Frank Price, Christopher (Perry Barr)
Bishop, E. S. Hughes, Hector (Aberdeen, N.) Probert, Arthur
Brown, Hugh D. (G'gow,Provan) Hynd, John Randall, Harry
Buchan, Norman Iremonger, T. L. Rankin, John
Buchanan, Richard (G'gow, Sp'burn) Jackson, Colin (B'h'se & Spenb'gh) Rees, Merlyn
Butter, Herbert (Hackney,C) Jackson, Peter M. (High Peak) Rhodes, Geoffrey
Carmichael, Nell Jenkins, Hugh (Putney) Richard Ivor
Chapman, Donald Johnson, Carol (Lewisham, S.) Roberts, Rt. Hn. Goronwy
Coe, Denis Jones, Dan (Burnley) Robertson John (Paisley)
Coleman, Donald Jones, Rt. Hn. Sir Elwyn(W.Ham,S) Robinson, Rt. Hn. Kenneth(St.P'c'as)
Concannon, J. D. Jones, J. Idwal (Wrexham) Rodgers, William (Stockton)
Craddock, George (Bradford, S.) Jones, T. Alec (Rhondda, West) Rose Paul
Cronin, John Judd, Frank Rowlands,E.
Crossman, Rt. Hn. Richard Kelley, Richard St. John-Stevas, Norman
Dalyell, Tam Kerr, Mrs. Anne (R'ter & Chathan) Shaw, Arnold (Ilford, S.)
Darling, Rt. Hn. George Kerr, Russell (Feltham) Sheldon, Robert
Davidson, James(Aberdeenshire, W.) Latham, Arthur Shinwell, Rt Hn E
Davies, E. Hudson (Conway) Lee, Rt. Hn. Frederick (Newton) Silkin,Rt Hn John(Deptford)
Davies, Dr. Ernest (Stretford) Lestor, Miss Joan Silkin, Hn, S C(Dulwich)
Davies, Ifor (Gower) Lipton, Marcus Silfars J
Davies, S.O. (Merthyr) Loughlin Charles Slater, Joseph
de Freitas, Rt. Hn. Sir Geoffrey Lubbock, Eric Small, William
Dell, Rt. Hn. Edmund Lyons, Edward (Bradford, E.) Snow, Julian
Diamond, Rt. Hn. John Mabon, Dr. J. Dickson Snow, Julian
Dickens, James McBride, Neil Spriggs, Leslie
Dobson, Ray McElhone, Frank Steel, David (Roxburgh)
Dunn, James A McGuire, Michael Strauss, Rt. Hn. G. R.
Dunwoody, Mrs. Gwyneth (Exeter) McKay, Mrs. Margaret Taverne, Dick:
Eadie, Alex Mackenzie, Gregor (Rutherglen) Thomson, Rt. Hn. George
Edelman, Maurice McMillan, Tom (Glasgow, C.) Tinn, James
Edwards, Robert (Bilston) McNamara, J. Kevin Wainwright, Richard (Coine Valley)
Edwards, William (Merioneth) Mahon, Simon (Bootle) Walden, Brian (All Saints)
Ellis, John Mallalieu.J.P.W(Huddersfield E) Walker, Harold (Doncaster)
English, Michael Mapp Charles Wallace, George
Evans, Fred (caerphilly) Marsh, Rt. Hn. Richard Watkins. David (Consett)
Evans, loan L. (Birm'h'm, Yardley) Maxwell, Robert Watkins, Tudor (Brecon & Radnor)
Fernyhough, E. Mellish, Rt. Hn. Robert Weitzman, David
Finch, Harold Mendelson, John Wells, William (Walsall,N)
Fletcher, Ted (Darlington) Mendelson, John Whitaker, Ben
Foot, Rt. Hn. Sir Dingle (Ipswich) Millan Bruce Whitlock, William
Foot, Michael (Ebbw Vale) Mitchell, R. C. (S th'pton, Test) Wilkins, W. A.
Ford, Ben Morgan, Elystan (Cardiganshire) Williams, Aian Lee (Hornchurch)
Forrester, John Morris, Alfred (Wythenshawe) Williams, Clifford (Abertillery)
Fowler, Gerry Morris, Charles R. (Openshaw) Wilson, William (Coventry, S.)
Fraser, John (Norwood) Moyle, Roland Winnick, David
Freeson, Reginald Murray, Albert Wright, Esmond
Garrett, W. E. Newens, Stan Wyatt, Woodrow
Ginsburg, David Noel-Baker, Rt. Hn. Philip
Golding, John Norwood, Christopher TELLERS FOR THE NOES:
Gordon Walker, Rt. Hn. P, C. Oakes, Gordon Mr. Stanley Orme and
Grant-Ferris, Sir Robert Ogden, Eric Mr. Richard Crawshaw.