§ Mr. LANSBURYasked the Home Secretary if he has now been able to consider and determine on the advisability of so amending the prison rules as to enable prisoners sentenced to hard labour for political offences to be placed in the second division, or to, at least, receive the same kind of prison treatment as that granted by his predecessor to prisoners convicted of offences in connection with the suffrage agitation?
§ Mr. McKENNAThe Court in every case where it passes sentence of imprisonment has discretion, if it thinks fit, to put the prisoner in the second division; and I have no power to control or regulate this discretion, nor have I any power to extend the rule made by my predecessor, to which the hon. Member alludes, so as to make it include prisoners sentenced to hard labour, because to do so would be to nullify altogether the sentence of hard labour. That could only be done by legislation. The limit of my power is to consider in any special case after sentence whether it is one in which the hard labour might properly be remitted. In any case in which this discretion was exercised the prisoner might then come under the terms of the rule made by my predecessor.
§ Lord ROBERT CECILIs there anything in the rule made by the predecessor of the right hon. Gentleman which excludes prisoners sentenced to hard labour?
§ Mr. McKENNAThe rule laid down by my predecessor applies only to prisoners who are sentenced in the second or third division, and there are certain conditions in that rule which would be inconsistent with a sentence of hard labour.
§ Lord ROBERT CECILWhat are the conditions which are inconsistent with hard labour?
§ Mr. McKENNAI have not got them in mind, but I will refer the Noble Lord to the rules, and send him a copy.
§ Mr. LANSBURYDoes the right hon. Gentleman consider it right for a magistrate to sentence a number of women, not to hard labour and a man to hard labour for identically the same offence?
§ Mr. McKENNAMy hon. Friend will understand that I could not express any opinion on a case before sentence. After sentence if it is brought to my notice I shall consider it, but I should have to wait until the case was brought to my notice either by the prisoner or his friends on his behalf.