HC Deb 05 June 1912 vol 39 cc125-6
11. Mr. POINTER

asked the Home Secretary whether he is aware that the Wolverhampton bench of magistrates recently sentenced a boy of ten years to receive six strokes of the birch rod; whether while an adult may not be birched unless certified as fit by a medical man there is no such provision for the protection of a young person; and whether he can see his way to take the necessary steps to abolish this kind of corporal punishment?

Mr. McKENNA

I have inquired into the circumstances of the case referred to. I am not aware of any provision of law requiring either children or adults birched by the sentence of a court of law to be medically certified; but it is the obvious duty of any court not to order a sentence of corporal punishment unless it is satisfied that it can properly be inflicted, and the court was so satisfied in the case in question. I see no reason for any action in the direction indicated.

Sir WILLIAM BYLES

May I ask why, as the law cannot be enforced in the case of an adult without medical inspection, a child should not be equally protected?

Mr. McKENNA

I would ask the hon. Gentleman to give notice of the question.

Sir W. BYLES

May I ask the right hon. Gentleman whether, in the opinion of the Home Office, a child of ten years old could be so criminal as to require this form of punishment?

Mr. McKENNA

I believe the parents have had considerable difficulty with the child.

Mr. WEDGWOOD

May I ask whether it would not be possible to require that the members of benches of Justices who order birching should be present at the infliction of the punishment?

Mr. McKENNA

I have no reason to suppose that the infliction of the punishment is not carried out properly.