HC Deb 09 August 1898 vol 64 cc664-6
MR. DALZIEL

I beg to ask the Lord Advocate whether, in view of the legislation which has been passed this Session in reference to compulsory vaccination in England, the Government will consider the advisability of suggesting to the Local Government Board in Scotland the desirability of refraining from active prosecution of conscientious objectors?

THE LORD ADVOCATE (Mr. GRAHAM MURRAY, Buteshire)

As I have already stated in this House, the system as regards vaccination in Scotland has hitherto worked successfully, and the Secretary for Scotland does not consider that any special suggestion need be made to the Local Government Board on the subject.

DR. CLARK

I beg to ask the Lord Advocate whether he is aware that there has been a considerable increase of vaccination prosecutions in Scotland, and that the Count of Session has decided that defaulters may be summoned every six months until the child is 14 years old; and whether it is the case, as stated at the Dundee Sheriff's Court last week, that instructions were sent out in May by the Local Government Board, Scotland, directing prosecutions?

MR. GRAHAM MURRAY

I am informed by the Local Government Board that they are not aware that there has been any considerable increase of vaccination prosecutions in Scotland as is suggested in the Question. The Court of Session has decided that defaulters may be prosecuted so long as their names appear in the half-yearly lists transmitted by the registrars to the parochial boards (parish councils); but the Board have advised parish councils that they may use their discretion in repeating prosecutions in respect of the same child. The Local Government Board have issued no general instructions as to vaccination prosecutions. On 28th May last they inquired of the inspector of poor, Dundee, how his parish council proposed to deal with defaulters, and were informed that the parish council had resolved to prosecute.

MR. DALZIEL

May I ask the right honourable Gentleman whether, in view of the fact that several persons—some in my constituency—are in prison, it is the intention of the Government to allow the conscientious clause to prevail in England and still prosecute for objection in Scotland?

MR. GRAHAM MURRAY

The Government intend to maintain the law in Scotland as it is. If the law is to be altered that must be done by Act of Parliament. I certainly hope that no attempt will be made to import into Scotland an agitation which would be exotic and not belonging to Scotland.

DR. CLARK

Can there be any prosecution except through the Lord Advocate or his deputy?

MR. GRAHAM MURRAY

Yes, Sir; there can be prosecutions without my intervening.