HC Deb 11 June 1861 vol 163 cc932-4

House in Committee.

(In the Committee.)

Clause 1 (Murder),

MR. DENMAN

said, he would suggest that the hon. Member for Dumfries (Mr. Ewart) who had a notice of Amendment on the paper for the substitution of a lesser punishment for the punishment of death, should consider whether another and better opportunity might not be taken of discussing so important a question than upon a Bill of so limited a scope as that before the Committee.

MR. W. EWART

said, that he would consider whether or not he would propose his Amendment on the Report.

COLONEL FRENCH

said, he thought that not to go into the matter, while the Bill was in Committee would be contrary to usage.

MR. M'MAHON

said, that if the Bill were passed through Committee, and on the Report a Motion such as that of the hon. Gentleman's (Mr. Ewart's) were carried, it would be necessary to alter the second clause and expunge the third altogether, and then to re-enact others. He, therefore, thought it would be better to bring the Motion forward on a distinct occasion.

THE SOLICITOR GENERAL

said, it would be quite competent for any hon. Member to move an Amendment when the Report was brought up.

MR. SOTHERON ESTCOURT

suggested that the most convenient course would be to bring the question of the abolition of the punishment of death forward in a specific Bill.

THE SOLICITOR GENERAL

said, he wished to point out that if the Amendment for the abolition of the punishment of death were carried in respect of the Bill, it would only refer to the crime of murder, and there would still be several offences for which the punishment of death was imposed.

MR. BUTT

said, he also would suggest the bringing forward of the Motion on a subsequent occasion. He (Mr. Butt) entertained a strong feeling that they should not pass a law re-enacting the punishment of death.

Clause agreed to, as were also Clauses 2 to 19 inclusive.

Clause 20 (Inflicting bodily Injury with or without weapon),

THE SOLICITOR GENERAL

said, he had to propose an Amendment, substituting the alternative punishment of penal servitude for three years or imprisonment not exceeding two years. The same Amendment, he explained, would apply to several subsequent clauses.

Amendment agreed to.

Clause ordered to stand part of the Bill. Remaining clauses agreed to.