MR. BEADLAUGHI beg to ask the President of the Local Government Board whether his attention has been called to the fact that J. H. Matthews appeared on Monday before the Enfield Magistrates to answer a complaint of not having vaccinated his child when the child was produced in Court, and Dr. Warren, the medical 1758 attendant of the child, was called by Matthews, and swore that the child was in an unfit state to be vaccinated, and would, in his opinion, be unfit to be so vaccinated for at least a year, and that the Magistrates thereupon adjourned the summons for two months, ordering the defendant to find surety to then appear, and committed the defendant to gaol in default of sureties; whether the said J. H. Matthews had been previously, and how often, prosecuted for offences under the Vaccination Acts; and, whether the Government will take any action in the matter?
§ * MR. RITCHIEI have no information respecting the case referred to, except a newspaper report of the proceedings before the Justices. I understand from that Report that the defendant, without his being bound over to appear on the date to which the proceedings were adjourned, was permitted to leave the Court, but was warned that if he did not appear upon the day named he would have to bear the consequences. The Board have no information as to the number of occasions on which J. Matthews has been prosecuted for offences under the Vaccination Acts, and time has not admitted of inquiry being made on the subject.
§ MR. BRADLAUGHWill the right hon. Gentleman cause inquiries to be made in reference to this extraordinary new departure in the shape of vaccination prosecutions?
§ * MR. RITCHIEThe hon. Gentleman's question ought to be put to the Home Secretary and not to me. I have no power to interfere.
§ MR. BRADLAUGHMay I ask the Attorney General whether he is aware that J. H. Matthews was, on 19th August, summoned before the Enfield Magistrates for not having had his child vaccinated; whether the defendant pleaded that the child was then unfit to be vaccinated, and producing the child in Court called the child's medical attendant, who swore that the child was then in an unfit state to be vaccinated; whether the Magistrates, determining that the child was then unfit to be vaccinated, adjourned the summons for two mouths, and requiring the defendant to give sureties to appear at the adjourned date, committed him to gaol on his refusing to give sureties; and, whether, the Magistrates having so 1759 determined as aforesaid, such committal is warranted in law?
§ THE ATTORNEY GENERAL (Sir R. WEBSTER, Isle of Wight)I have no knowledge of the case, and it is somewhat difficult to gather the facts from the question of the hon. Member, but I apprehend that Matthews was summoned under Section 31 of the Vaccination Act, 1867, and upon the Magistrates adjourning the case declined to give security for re-appearance, whereupon the Magistrates committed him to prison. I am of opinion that such committal was justified by Section 16 of the Summary Jurisdiction Act, 1848, which applies to proceedings under the Vaccination Acts.
§ MR. BRADLAUGHMay I venture to ask the Home Secretary if he will make inquiry, and if the facts turn out to be as stated, will he take action in the matter?
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. MATTHEWS, Birmingham, E.)I would rather not commit myself until I have inquired into the facts.