HC Deb 04 February 1902 vol 102 cc361-2
* MR. LOGAN (Leicestershire, Harborough)

I beg to ask the Secretary of State for the Home Department, if his attention has been directed to a case at the Beaconsfield Petty Sessions, in which the justices refused a certificate of exemption under the Vaccination Act, on the ground that smallpox was prevalent; and if the Government propose to take any steps for the purpose of making clear to the magistrates what their powers are.

* THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (MR. RITCHIE,) Croydon

I understand from enquiries I have made that the newspaper report which the hon. Member has sent me, and which forms the basis of his Question is misleading, and that the Justices refused a certificate in the case referred to because after careful consideration they were not satisfied that the applicant had a conscientious belief that vaccination would be prejudicial to the health of the child. The Chairman said that the mere utterance of a formula of objection was not sufficient, especially considering the prevalence of smallpox in the neighbourhood. The evidence necessary to satisfy the Justices of a conscientious objection is a matter for their discretion, with which I do not propose to interfere.

MR. LEVY (Leicestershire, Loughborough)

I beg to ask the Secretary of State for the Home Department, if he is aware that at the Ealing Petty Sessions, held on Thursday last, the justices constituting the court informed an applicant for a certificate of exemption under the Vaccination Act that, before his application could be complied with, he must show by doctor's certificate that one of his family suffered from some affection, or that vaccination had had a prejudicial effect on one of them; and if he will adopt some means of acquainting justices with their powers and duties under that Act.

* MR. RITCHIE

I know nothing of this case beyond the terms of the Question which appeared on the Paper this morning. For reasons indicated in my answer a few minutes ago to the hon. Member for South Leicestershire, I do not propose to issue any instructions to magistrates in this matter.