HC Deb 16 April 1935 vol 300 cc1664-7
26. Mr. LEONARD

asked the Secretary of State for Scotland whether he is aware that a prisoner in Barlinnie Prison who took no part in the recent disturbances was transferred from Hall A to Hall D, which was the scene of cell disturbances, and on this transfer was violently manhandled by a group of warders, most of whom were drafted from other prisons, and sustained injuries necessitating his removal to hospital; that on his discharge he was certified by other doctors as suffering from bruises on the body and head and a dislocation of the big toe and a finger; that this man's legal advisers have been refused the names and addresses of the warders on duty in the hall at the time of the alleged incident, and that without this information no action can be taken in the man's interests; and whether any steps will now be taken to render available all facilities necessary for the establishment of justice?

The SECRETARY of STATE for SCOTLAND (Sir Godfrey Collins)

The prisoner in question having taken part in a demonstration in "A" Hall was subsequently transferred to "D" Hall. He violently resisted being placed in his cell and when shut in continued to thump and bang the door. The Governor, on visiting his cell the following day, observed that he was lame and on inquiring was informed that his toe had been hurt. He declined to state how the injury was sustained. He made no complaint and said he did not wish to see the medical officer. The Governor however insisted on medical examination and on removal to hospital the prisoner was found to be suffering from a fractured toe and various other bruises. I have no information as to the nature of any medical certificates granted by other doctors after the man's discharge from prison.

Since his discharge on the 5th January allegations have been made that his injuries were due to assaults by warders but the Criminal Authorities, after full investigation, decided that there was no evidence to justify proceedings against any warder. A claim for compensation submitted by the man's legal advisers to the Prisons Department for Scotland has been repudiated and a request made to that Department for the names and addresses of and facilities to identify all the warders on duty when the man's removal to "D" Hall was effected has been refused. The letter from the legal advisers discloses that they are already aware of the names of the warders who were present at his removal and the Prisons Department have informed them that no obstacles will be put in the way of these and four other officials named in the letter giving precognitions if they choose to do so. In the circumstances the man is free to raise any action he may think fit.

Mr. LEONARD

Is the right hon. Gentleman aware that this prisoner has been discharged with remission of sentence, indicating clearly that none of the charges against him in the report have much substantiation? When a prisoner receives full remission of a sentence for good conduct, is it not a clear indication that there is nothing against him, and that more facilities should be placed at his disposal than have been granted?

Sir G. COLLINS

I am not aware of the first point put by the hon. Member, but I will make inquiries. In this case, the usual rights of a prisoner were recognised, and the usual facilities have beers or will be granted to him if he makes application through the usual channels.

24. Mr. DUNCAN GRAHAM (for Mr. NEIL MACLEAN)

asked the Secretary of State for Scotland whether he is aware that. the report on the recent trouble at Barlinnie Prison, Glasgow, has caused dissatisfaction amongst the staff, who have passed a unanimous vote of confidence in the governor; that there was no alternative to the mixing of the various grades in the prison owing to lack of accommodation; that the governor had asked for more staff and was refused; and whether the governor had in any way failed to carry out the policy and general instructions of the head of the Prison Departments?

Sir G. COLLINS

As stated in reply to the hon. Member for North Lanark on the 8th instant, the decision to transfer the governor of Barlinnie Prison to Greenock was taken after due consideration of representations by the staff on his behalf. As regards the second part, juvenile-adult prisoners and revoked Borstal licence-holders have for many years been located in the same hall at Barlinnie Prison and no criticism was directed against the governor on this point. The answer to the third part is in the negative. As regards the last part I would refer the hon. Member to the observations in the report of the inquiry.

Mr. ANSTRUTHER-GRAY

Were the governor's comments on the report considered before it was decided to transfer him to Greenock Prison?

Sir G. COLLINS

Yes, Sir, the governor's observations on the report were considered by the chief of the Prisons Department as well as by myself.

Mr. BUCHANAN

Is the right hon. Gentleman aware that, while the evidence of the governor was being taken, the head of the Prisons Department was present at the inquiry; and does he consider it a proper procedure that the chief of a Department should be present at an inquiry when a subordinate official is giving evidence?

Sir G. COLLINS

I think it is quite justifiable that the head of the Department should be present, and it did not in any way weaken the right of the governor to present his case. He had a full chance of doing so. I am convinced that no injustice has been done to any individual.

Mr. LEONARD

Is it not the case that the prison warders were asked to give evidence; and is it not also the case that if their evidence was adverse to the Commissioners, they were in the position of being asked to give evidence against regulations, in front of the person responsible for the regulations?

Sir G. COLLINS

I am unable to answer on the particular point of whether certain warders were asked or refused to give evidence. If the hon. Member puts a question on the Paper, I will try to answer it.

25. Mr. GRAHAM (for Mr. MACLEAN)

asked the Secretary of State for Scotland what action he has taken with regard to the protest made to him by the staff of Barlinnie prison on the treatment of their governor, and will the governor suffer a reduction in pay if he goes to Greenock; and whether he will order another inquiry in order to find out the real cause of the trouble?

Sir G. COLLINS

As regards the first part of the question, the representations of the staff received due consideration. The answer to the second part is in the affirmative. As regards the last part, I am satisfied that Sir George Rankin made full inquiry into the cause of the trouble and that there is no necessity for any further inquiry.

29. Mr. GRAHAM (for Mr. MACLEAN)

asked the Secretary of State for Scotland whether he is aware that prison warders who reside, or formerly resided, at Duke Street prison quarters and employed at Barlinnie prison, Glasgow, were requested to apply for quarters at Barlinnie so that under the removal expenses report the transfer may appear as for the officers' convenience and not for the convenience of the prison department; and whether the officers who thus apply come under the terms of report for the usual grant to cover expenses approved by the Lords of His Majesty's Treasury?

Sir G COLLINS

Applications for vacant quarters at Barlinnine prison were invited in the ordinary course so that the wishes of individual officers might be considered. The removals are being regarded as having been made for the convenience of the service, and consequently the expenses of removal will be paid by the Department in accordance with the terms of the Removal Expenses Report.