HC Deb 06 April 1938 vol 334 cc335-6
38. Mr. Sorensen

asked the Secretary of State for the Colonies whether his attention has been drawn to the statement made by the acting warden magistrate of Tobago that he intends to order punishment by the cat for any person convicted of praedial larceny for the second time; whether this conforms with the policy of His Majesty's Government; and whether he will take steps to abolish this type of punishment for such offences?

Mr. Ormsby-Gore

Yes, Sir. I understand that such a statement was made as a deterrent, but this is not in conformity with the policy of His Majesty's Government. As long ago as 1918 the then Governor of Trinidad was informed that the use of the "cat" in the case of corporal punishment inflicted for certain offences connected with praedial larceny should be discontinued, and a birch, light tamarind rod or cane used instead. This ruling has constantly been observed in the colony. All sentences of flogging with the "cat" (for any offence) have to be referred to the Governor for his approval before they are carried out. No such sentences for praedial larceny have in fact been awarded by magistrates during the last five years.

Mr. Sorensen

Does not the right hon. Gentleman recognise that this form of larceny directly arises out of hunger; and would it not be better to provide food for these hungry people? Further, what steps are being taken in order to censure this particular warden magistrate for uttering such a threat, which, I understand, was entirely illegal and unconstitutional?

Mr. Ormsby-Gore

With regard to the last part of the hon. Member's supplementary question, I have given my answer to-day. With regard to the other part, I would point out that there is praedial larceny and praedial larceny, and sentences of this kind are never given unless it is a case of malicious damage, and then not for a first offence. [HON. MEMBERS: "What is praedial larceny? "] Praedial larceny is the destruction of a smallholder's crop.

Mr. Sorensen

Does not the right hon. Gentleman feel that it would be useful at least to intimate to this warden magistrate that the Secretary of State disapproves of the threat which he recently made?

Mr. Ormsby-Gore

It is not for the Executive to express disapproval of magistrates in their exercise of legal functions. It is not done here, and I should be 10th to do it. I have given my answer.

Mr. Macquisten

Does praedial larceny mean stealing the other fellow's vegetables?

Mr. Ormsby-Gore

Yes.

Mr. Macquisten

Then who would not man-handle a man who robbed his garden? Of course he would.