HC Deb 15 March 1910 vol 15 cc177-9
Mr. JOHN O'CONNOR

asked the Secretary of State for the Home Department whether he has considered the claim of the several women's suffrage associations that the members of their respective organisations who came into conflict with, the law and the peace officers of the country to be regarded, on conviction, as political prisoners and not as ordinary criminals; whether, in case he has not considered such claim, he will do so at an early date; and will he take into account in so doing the question of motive on the part of such off nders so as to distinguish the nature of the offence?

Mr. CHURCHILL

I have given my best consideration to this subject with reference not solely to the treatment of women suffragist prisoners, but generally to the regulations which govern the treatment of those whom the hon. Member calls "political" prisoners. I do not feel that any differences of prison treatment should be based upon a consideration of the motives which actuated the offender. Motives are for the Courts to appraise, and it must be presumed that all due consideration has been given to them in any sentence which is imposed. It is, however, my duty, in carrying out the various Acts of Parliament, and the regulations made under them, to secure that the treatment of prisoners should not be inappropriate or harmful. I feel, as did my predecessor, that prison rules which are suitable to criminals guilty of dishonesty or cruelty, or other crimes implying moral turpitude, should not be applied inflexibly to those whose general character is good and whose offences, however reprehensible, do not involve personal dishonour.

I propose, therefore, to give power to the Prison Commissioners, under the direction of the Secretary of State, to mitigate in such cases the conditions of prison treatment which are generally regarded as of a degrading character; and, in order to effect this, I propose to lay upon the Table the following Rule which will acquire statutory force in the ordinary manner: In the case of any offender of the second or third division whose previous character is good, and who has been convicted of, or committed to prison for, an offence not involving dishonesty, cruelty, indecency, or serious violence, the Prison Commissioners may allow such amelioration of the conditions prescribed in the foregoing rules as the Secretary of State may approve in respect of the wearing of prison clothing, bathing, hair-cutting, cleaning of cells, employment, exercise, books, and otherwise. Provided that no such amelioration shall be greater than that granted under the rules for offenders of the first division.

Mr. JOHN O'CONNOR

Will that involve the making of these classes of persons into a separate class or will they be compelled to take their exercise in the company of persons who have been guilty of offences of a dishonourable character, and will they be given any more comfortable facilities with regard to cells?

Mr. CHURCHILL

I have given a very full answer. Of course, the rule only acquires validity if Parliament assents to it.

An HON. MEMBER

In whose hands lies the interpretation of the description "serious offence."

Mr. CHURCHILL

It will lie with the Secretary of State and the Prison Commissioners.

Sir GILBERT PARKER

Is it intended to give time for the discussion of the rule, and, if so, when?

Mr. CHURCHILL

The ordinary course will be followed. Many Parliamentary Rules have been made from time to time by the Home Secretary and they are laid on the table of the House, and after a certain period, unless they are challenged in the ordinary manner, they pass into the Criminal Code.