HC Deb 25 April 1910 vol 17 cc21-4
Sir GEORGE WHITE

asked the Secretary of State for the Home Department whether he had any further information to give in regard to the case of Ford, Minchinhampton?

Mr. CHURCHILL

I have now received full reports dealing with this case. Mr. Ford, who is the Baptist Minister at Minchinhampton, was committed to Gloucester Prison on 14th April for two months for non-payment of rates, the amount in dispute being 1s. 9d., which he declared himself conscientiously unable to pay, as being applied to denominational instruction. There had been an open enmity in political and social matters between Mr. Ford, who has a wide influence in the district and is highly esteemed, and Major Ricardo, who was Chairman of the Bench of Magistrates on the occasion when the sentence was inflicted, and who is also, I am informed, chairman of the Conservative Association. I am advised that this enmity did not influence Major Ricardo in the sentence which he passed.

Mr. HARRY LAWSON

On a point of Order. Might I ask whether it is a proper thing, in answer to a question in this House, to make a reflection upon a magistrate upon the Bench?

Mr. SPEAKER

It is no reflection on a magistrate to say that he is a Conservative.

Earl WINTERTON

Is it not a reflection on a gentleman to mention the fact that he is a Conservative—which was not asked for in the question—when it is introduced in relation to a question about his magisterial functions?

Mr. HARRY LAWSON

The point I wished to submit to you is this. The suggestion was that the magistrate acted with prejudice.

Mr. SPEAKER

I understood the next sentence of the answer to be that that had no influence with him. [An Hon. Member: "Then why mention it?"

Mr. CHURCHILL

(continuing answer): I am advised that this enmity did not influence Major Ricardo in the sentence which he passed, and it is right to state that the sentence was concurred in by the five other magistrates present on the Bench. [An Hon. Member: "Oh.") Is there anything wrong in that?

Mr. SPEAKER

I must ask the right hon. Gentleman to answer the question in the usual way.

Mr. CHURCHILL

And, with great respect to you, Sir, I trust that I may be heard with the usual courtesy. (Continuing answer.) Without expressing any opinion upon this, I am bound to observe that it would have been better for all concerned if Major Ricardo had withdrawn from the Bench on this occasion, instead of taking a leading part in sentencing a neighbour, with whom he had been notoriously engaged in the sharpest controversy on the very political and religious matters which were the cause of the refusal to pay rates. The sentence itself will, I believe, be regarded in every quarter of the House as harsh, excessive, and conspicuously inappropriate to the circumstances of the case. The rate has since been paid, not by Mr. Ford or with his cognisance, but by some person unknown to me; and Mr. Ford was in consequence released on Wednesday last.

Sir FORTESCUE FLANNERY

Might I ask the right hon. Gentleman whether he will at once draw the attention of the Lord Chancellor to the conduct of the Chairman of the Bench? That is to say, when the Home Secretary in his place in Parliament alleges that there was open animosity—

Mr. SPEAKER

The hon. Gentleman has asked his question.

Sir FORTESCUE FLANNERY

Then I ask whether the right hon. Gentleman, in view of the general character of his answer, will at once call the attention of the Lord Chancellor to the matter with a view to his considering the removal of the Chairman from the Bench?

Mr. CHURCHILL

I have told the House that the sentence was concurred in by the rest of the Bench, and that I think owing to the notorious ill-will prevailing between the person sentenced and the Chairman of the Bench of Magistrates inflicting the sentence, it would have been much better if Major Ricardo had withdrawn from the Bench during the case.

Sir FORTESCUE FLANNERY

In fairness to the magistracy of the country, will the right hon. Gentleman call the attention of the Lord Chancellor to the allegation that he has made officially today against a magistrate on the Bench, and back up what he has said by recommending the Lord Chancellor to remove that magistrate?

Sir GEORGE WHITE

Is the right hon. Gentleman aware that the Chairman refused to suspend the execution of the warrant although urged to do so, but insisted upon the warrant being immediately executed?

Mr. CHURCHILL

I have given my answer to the House, and the information which has reached me on the subject. I have expressed an opinion upon it, and I certainly do not withdraw or modify that opinion in any way. As to whether further action should be taken, I am not prepared to give any opinion at the present time.