§ MR. BRYNMOR JONES (Gloucester, Stroud)I beg to ask the Secretary of State for the Home Department whether he is aware that the Rev. A. Redshaw, the Rev. W. Soper, Mr. G. F. Woodward, and 13 other persons, were, at Stroud Petty Sessions on Friday last, the 17th instant, committed to gaol, each for seven days, for non-payment of fines inflicted upon them for offences against the Vaccination Acts; if so, whether, having regard to the fact that the final Report of the Commission on Vaccination has not yet been published and to the terms of the Interim Report of that Commission already published, he will recommend Her Majesty to pardon or order the release of the persons so committed? I wish, further, to ask the right hon. Gentleman whether it is the fact, as reported in The Daily 1375 Chronicle and other newspapers, that an attempt was made yesterday (November 20) to sell by auction the goods, and thus break up the homes of persons recently convicted at Stroud of offences against the Vaccination Acts; whether it was thought necessary to obtain an additional police force for Gloucester to attend the sale; whether, practically, the enforcement of the conviction obtained against the defendants was not proceeded with against the wish of the majority of the Guardians, elected and ex officio; whether the Chairman of the Petty Sessional Bench at Stroud was not included in the majority of the Guardians, who refused to suspend further proceedings; and whether he presided at the Petty Sessions where such enforcement was ordered; and whether, under these circumstances, and having regard to the hardships involved, and the public excitement caused by the action of the Bench, the right hon. Gentleman would not recommend Her Majesty to remit the fines upon the defendants?
§ MR. ASQUITHI understand that the facts are as stated in the question. Some of the cases appear to have been second prosecutions for a single offence. As I have repeatedly stated, I greatly regret the state of the law which renders such proceedings possible, and Her Majesty's Government have introduced a Bill to alter it. But the initiative rests with the Boards of Guardians, and I have no power to interfere with their discretion. If I were to remit the penalties or to release the persons committed, I should be, in effect, repealing an Act of Parliament. With reference to the supplementary question, I have not yet had time to obtain the information which the hon. Gentleman asks for, and for which I have telegraphed; but as soon as I get it, I will communicate the result. I believe it to be the fact that proceedings were instituted by a narrow majority of the Board of Guardians, and against the wishes of, among others, the hon. Baronet the Member for Tewkesbury. I am unable to say what proportion of elected and ex officio Guardians were opposed to the proceedings. With reference to the action of the gentleman who presided on the Bench, I am not able to say anything, but I will make further inquiries.
§ MR. PICTON (Leicester)asked whether, acting on the advice of the Royal Commission on Vaccination, the right hon. Gentleman would not, in cases of offences against Vaccination Laws, as well as in cases of offences against other laws, consider whether there were any special circumstances in each case which would justify him in advising a remission of fines, and whether he would not take into consideration the object of the law, and advise the discontinuance of such prosecutions in future?
§ MR. ASQUITHWhilst I am ready to consider special circumstances that may be brought before me with a view to a remission of sentence in particular cases, I cannot undertake to adopt the general rule suggested by the hon. Member, and to prevent prosecutions in all cases in which it appears to be likely that proceedings will not avail to induce parents to have their children vaccinated. I cannot, in fact, myself repeal an Act of Parliament which still remains on the Statute Book, although the effect of the recommendation of the Royal Commission would be to bring the law into harmony with common sense and justice.