23. Mr. PRICEasked the Home Secretary if he is aware that at Exeter five young lads were sentenced to six strokes of the birch, the sentence of the youngest lad, aged eight, being reduced to four strokes of the birch; that at the Manchester Juvenile Court four boys, aged from 11 to 13 years, were sentenced to six strokes with the birch; whether he will state the nature of the instrument used in such cases, and the reason for the attendance of the doctor; and whether he will circularise all magistrates requesting them to refrain from ordering the birching of children of tender years?
Mr. STANLEYMy right. hon. Friend is informed on inquiry that five boys at Exeter and two (not four) boys at Manchester were recently ordered to be whipped. The instrument used was a birch-rod, and the boys were medically examined before the punishment was inflicted to make sure that they were physically fit for it. In reply to the last part of the question, the discretion as to the use of such punishment rests by law with the justices, and in the circumstances my right hon. Friend would not he justified in taking the action suggested.
Mr. PRICEDoes the hon. Gentleman not think, in face of the vote of this House when the Children Bill was before it, and of his own advocacy of the elimination of this power in the hands of the magistrates, that he would be justified in circularising the magistrates not to inflict this punishment on children of tender age?
Mr. STANLEYMy right hon. Friend has no power to insist on magistrates' actions; he can only advise. The opinion of the Home Office was fully expressed during the course of the Debates last Session, and must be well known to magistrates.