HC Deb 26 February 1912 vol 34 cc973-4
Lord ROBERT CECIL

asked the Secretary of State for the Home Department, whether there is anything and, if so, what in the rule made by his predecessor with respect to the treatment of offenders who have been committed for an offence not involving dishonesty, cruelty, indecency, or serious violence which is incapable of application to those sentenced to hard labour?

Mr. McKENNA

The rules for prisoners sentenced to hard labour provide inter alia, that such prisoners shall for the first month of their sentence be employed in strict separation on some hard bodily or manual labour. This requirement is quite incompatible with the indulgence allowed under my predecessor's rule to certain offenders of the second and third divisions. It is clear that Parliament meant, when it provided for sentence of hard labour, to enable the court to pass a sentence involving severe penal discipline. This intention would be defeated, and the courts deprived of the power given them by Parliament, if the indulgences under the new rules were extended to sentences of hard labour.

Lord HUGH CECIL

Why does not that apply just as much to other sentences in the second and third divisions?

Mr. McKENNA

Because Parliament has not laid down similar conditions for sentences in the second and third divisions as for sentences of hard labour.

Lord HUGH CECIL

Are prisoners who are sentenced to hard labour outside the rule which was laid down by the Home Secretary?

Mr. McKENNA

What was laid down in regard to sentences of hard labour would be inconsistent with the rule which was laid down by my right hon. Friend last Session.

Lord HUGH CECIL

Would the right hon. Gentleman point out the inconsistency?

Mr. McKENNA

I think if the Noble Lord will read the answer I have given, he will see that the conditions laid down in the rule last year are generally inconsistent with the conditions attaching to sentences of hard labour.