HC Deb 05 February 1913 vol 47 cc2195-7
47 Sir ARTHUR MARKHAM

asked the Prime Minister (1) whether he is aware that militant suffragists convicted and sentenced to imprisonment have entered into a conspiracy, and publicly stated so, to defeat the due administration of the law, and to obtain their release from prison by refusing to take food; whether he has taken the opinion of the Law Officers of the Crown as to whether if any sane person died owing to his or her refusal to take food the Home Secretary or prison officials could be indicted for manslaughter; if so, whether he will pro pose legislation to the House to prevent the administration of the law being defeated and brought into ridicule and contempt; (2) how many men and women were released from prison last year owing to their refusing to take food; whether any such persons have been convicted of felony; and (3) whether, seeing that militant suffragists convicted of offences against the law and sent to prison have publicly stated that it is their intention to defeat the due administration of the law by refusing to take food, and thereby to secure their release from prison, he will forthwith discontinue the practice of forcibly feeding any sane person, or any person or persons who have entered into a conspiracy of this kind, at the same time seeing that an ample supply of good food is provided for such persons?

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. McKenna)

The Prime Minister has asked me to reply to this question, and I propose to answer it along with two questions which my hon. Friend has addressed to me. During the year 1912 sixty-six Suffragist prisoners out of a total of 240 received under sentence were released from the prisons under my jurisdiction on medical grounds. With a few exceptions the condition of health which led to the discharge of these prisoners was due wholly or in part to their refusal to take food. None of them had been convicted of felony. There can be no doubt that the refusal to take food on the part of these prisoners and of others who were not released was due to concerted action. It has not been necessary to consult the Law Officers on the question of the feeding of prisoners, as in 1909 the High Court, in the case of Leigh v. Gladstone, in which this question was raised, definitely decided that it was the duty of the prison officials to take such measures as were necessary for preserving the health and lives of the prisoners in their custody. I am not prepared, in the existing circumstances, to propose to the House the legislation which the hon. Member's first question appears to suggest. I may, however, refer to the answer I made on Thursday last to a question by the hon. Member for the Morley Division, Sir A. MARKHAM: Is it not a fact that a prisoner was convicted in Ireland of felony for endeavouring to set fire to a theatre; I do not understand that part of the answer in which the right hon. Gentleman says that no prisoner has been convicted of felony?

Mr. McKENNA

My answer was limited to prisoners under my jurisdiction. The prisons in Ireland are not under me.

Sir A. MARKHAM

Are we to understand that any persons who chose may commit outrages by destruction of letters and personal property, and making the lives of persons intolerable if they act on what are called "starvation tactics," and that even if a murderer is convicted and sentenced to penal servitude that person can be released by pursuing these starvation tactics?

Mr McKENNA

My hon. Friend is really putting to me a hypothetical case. No such case has actually occurred in England. In a case of penal servitude it would be open to me to leave the prisoner out on licence and to bring the prisoner back to prison again. In the case of an offence for which penal servitude is not awarded I have no such power. If there were a case of murder, it would, of course, involve at least the punishment of penal servitude, and in that case I should have power to licence.

Earl WINTERTON

Does the right hon. Gentleman propose to prosecute for illegal conspiracy the militant suffragettes who are urging audiences to defeat the administration of the law by using these methods day by day?

Mr. McKENNA

That question should be addressed to the Attorney-General.

Sir W. BYLES

Has my right hon. Friend abandoned all attempts to find some other means of dealing with those people other than by forcible feeding?

Mr. McKENNA

I should be very glad if my hon. Friend would suggest any other means.

Sir W. BYLES

My right hon. Friend has the responsibility. I ask him, has he found it?

Sir A. MARKHAM

Is the right hon. Gentleman not prepared to accept the suggestion of forcibly deporting these people out of the country?

HON. MEMBERS

Where?

Sir A. MARKHAM

St. Helena.