§ MR. SEXTONI beg to ask the Chief Secretary for Ireland whether Mr. Carew, M.P., a prisoner under the Crimes Act in Kilkenny Gaol, still refuses to wear the convict garb; whether his left arm, shoulder, and hip have been injured by the violence inflicted upon him by a body of warders in stripping him of his clothes on his arrival at the prison last week; and what is the legal authority for stripping Mr. Carew by violence?
§ MR. A. J. BALFOUR1. Mr. Carew still refuses to wear the prison dress. 2. Mr. Carew admits that his resistance to the removal of his clothes and the putting on of the prison dress was very violent, and considerable force had in consequence to be used in enforcing compliance on his part with the rules, but the Governor, who was present, states the force used was not greater than the circumstances rendered necessary. Mr. Carew complains that his left shoulder and right hip were strained in the struggle, but the only mark of injury now perceptible is a scratch on the back of his right hand, and the medical officer, who examined him immediately after the occurrence as well as on the following day, states that he found no other mark of injury of any sort. 3. Section 13 of 19 and 20 Vict., cap. 68, and Rule 28 of the Local Prison Rules, which latter requires that "a convicted criminal prisoner shall be provided with a complete prison dress and shall be required to wear it." These provisions carry with them, in the opinion of the Board, a legal authority to do whatever is reasonably necessary to give effect to them.
§ MR. SEXTONIn reference to the explanation the right hon. Gentleman has just given, I beg to ask him whether Rule 58 of the Prison Rules authorizes the Governor, in case of disobedience, to punish a prisoner by close confinement for any time not exceeding 24 hours and by being kept on bread and 378 water; whether Rule 59 prescribes that a man may be punished by confinement in a prison cell; what Rule authorizes the application of physical violence to a prisoner to compel him to strip himself of his clothes and to put other clothes on; and, in view of the enormous number of Rules directing that nothing shall be done to injure any prisoner in body or mind, and Mr. Carew having been continuously six days and nights on a plank bed, how long the right hon. Gentleman intends to keep my hon. Friend in this condition?
§ MR. A. J. BALFOURThe hon. Member asks me a series of Questions without notice. In his last Question he asks how long I intend to allow Mr. Carew to remain in his present condition. I have only in reply to say that this is a question entirely for the medical officer of the prison to decide. The medical officer of the prison, I have no doubt, will exercise the closest and most careful supervision over Mr. Carew's health. I have not the slightest doubt that he will see that no injury is done to Mr. Carew's health. With regard to the legal question in the earlier part of the hon. Member's interrogatories, legal opinions have been given over and over again. I have been advised that the prison authorities were acting properly, in accordance both with the spirit and the letter of the Statute, in exercising such force as unfortunately might be necessary to compel obedience to the prison rules. Nor can I conceive that anyone who desires the comfort of Mr. Carew himself would desire to substitute for that amount of force solitary confinement, or putting upon bread and water.
§ MR. SEXTONIn view of the rules of the Prisons Board declaring that punishment for disobedience shall be one of three things—close confinement, bread and water, or the punishment cell—I ask the right hon. Gentleman to cite for me any rule which justifies the use of physical force.
§ MR. A. J. BALFOURThe hon. Member appears to speak under a misapprehension. No punishment has been inflicted upon Mr. Carew. Such force only was used as was absolutely necessary to enforce obedience to the Prison Rules. If I rightly understand the hon. Gentleman, he desires that punishment should be inflicted.
§ MR. T. W. RUSSELL (Tyrone, S.)Will the right hon. Gentleman be good enough to say whether there is any truth in the statement in to-day's papers that Mr. Carew, instead of having a plank bed, has been supplied with a palliasse and mattress?
§ MR. A. J. BALFOURI have not received information to that effect, but I have no doubt that the statement is true.
§ MR. CHANCE (Kilkenny S.)May I ask whether the same medical officer is attending Mr. Carew who allowed Larkin, one of Lord Clanricarde's tenants, to die unattended in his cell?
§ No answer was given.
§ MR. SEXTONMay I ask whether the prison rule which the right hon. Gentleman the Chief Secretary has quoted relating to hair-cutting does not refer to females; and whether the regulations as to male prisoners are not that the hair shall not be closer than is necessary for health and cleanliness? I also have to ask whether it is for that purpose that the hair of these hon. Gentlemen was cut by violence immediately after their admission; and whether it is not the fact that no Member of Parliament had his hair cut in prison last year?
§ MR. A. J. BALFOURI am afraid I cannot, without further notice, add anything to the answer which I gave to the hon. Gentleman. I understand that the practice in Ireland is precisely the same as it is England. If it can be shown that it is materially different, I will engage that the difference shall be removed.
§ MR. SEXTONWhy was the rule not carried out last year?
§ MR. A. J. BALFOURThe hon. Gentleman is misinformed.
§ MR. SHEEHY (Galway, S.)If my learned Friend is misinformed, may I ask the right hon. Gentleman when was my hair cut off?
§ MR. A. J. BALFOURI am afraid the hon. Member did not do me the honour to listen to my answer. What I stated was that the practice of clipping hair in Irish prisons did not begin in October last, as some persons think. I believe there were three or four cases in which the hair was not clipped. No doubt the hon. Member who has just spoken was an exception if he says so. 380 No doubt he is very competent to give information upon that point. But in all cases the exception is made at the instance of the governor or the doctor of the prison.
§ MR. SHEEHYI wish to ask whether the governor or the doctor ever asked that my hair should be clipped?
§ MR. A. J. BALFOURDoes the hon. Member refer to the Prisons Board? I presume that neither the doctor nor the governor would refer to the Prisons Board, seeing that it is a matter which is left to the discretion of the doctor, and no other authority is required.