MILLBANK PRISON COMMISSION. (Hansard, 5 February 1847)

§ MR. T. DUNCOMBE
inquired whether the right hon. Gentleman the Secretary for the Home Department had received any report from the third commissioner for Millbank Prison?

§ SIR G. GREY
had not received any document on the subject.

§ MR. B. ESCOTT
observed, that the right hon. Gentleman knew he might have the report at any time. Last Wednesday, the difference between the right hon. Gentleman and himself turned on the question whether he ought to report to Her Majesty under Her Majesty's commission, or should express his opinion in the form recommended by the right hon. Gentleman, of a letter. That was not a form which he had felt authorized to adopt; but, admitting that the right hon. Gentleman was more likely to be well-informed upon that point than himself, he had thought it proper to take professional advice upon the subject; he had gone to two very eminent members of the bar, who were extremely conversant with matters of the kind. The first expressed a very clear and distinct opinion in favour of the course he had adopted; but as that gentleman did not wish his name mentioned, he had gone to Mr. Sergeant Manning, whose opinion was, that not only was the course he had adopted a proper one, but that it was the only proper one; and that had he adopted any other course, he would have been acting in opposition to the Queen's commands. Under these circumstances he did not see what he could do but persevere in sending in his report. Mr. Sergeant Manning had mentioned two cases in which commissioners had disagreed from the majority of their respective commissioners. These were the Common Law Commission and the Bankruptcy Commis- 888 sion; and in each case the commissioner who did not agree with the others sent in a distinct report under his hand and seal.

§ MR. T. DUNCOMBE
remarked, that in consequence of a punctiliousness on the part of the right hon. Gentleman and the construction put by the hon. Gentleman on the terms of his commission, the House was unable to get the document. The one would not receive a report; the other would not write a letter. The question ought to be settled one way or another, and therefore he begged to move, as an Amendment on the Motion of adjournment— That an humble Address be presented to Her Majesty, that She will be graciously pleased to give directions that there be laid before this House, a Copy of the Report made by Bickham Escott, esq., one of the Commissioners for inquiry into the state of Millbank prison.

§ SIR G. GREY
was quite ashamed that he should be called upon on the Motion now made to answer that no such document was in his possession. He had to apologize to the House for repeating what he had stated the other day, that it was the uniform and constant practice in regard to commissions of this kind for a commissioner who did not concur in the report of his colleagues to send a letter stating the grounds of difference. He had expected certainly that the hon. Gentleman would have put him in a position to place his opinion verbatim et literatim before the House. But at present all he (Sir G. Grey) could say was, that he had no document in his possession in regard to Millbank prison which had not already been laid upon the Table of the House.

§ MR. HUME
observed, that there was no objection to give information. But what did it signify whether it came as a report or as a letter?

§ MR. T. DUNCOMBE
understood that the right hon. Gentleman (Sir G. Grey) was now in possession of the document.

§ SIR G. GREY
stated, that he was then in possession of a paper which had been put into his hands in a very unusual mode by the hon. Member for Winchester; but being there not as Secretary for the Home Department, but as a Member of the House, he had only to say, that he had not been able to read one word of it.

§ MR. ESCOTT
disclaimed any intention of doing anything discourteous. He had taken the opportunity to remove the technical difficulty which had been alleged, the right hon. Gentleman having declined to 889 produce the document, on the ground that it was not in his possession. A great deal too much had been made of this matter.