§ 44 and 48. Dr. Edith Summerskillasked the Home Secretary (1) whether it has been brought to his notice that a 21-year-old Sunderland woman, mother of three children, whose husband has been unemployed for nine years, has been sent to prison with her baby three weeks old for stealing 13s. 11d. from a gas-meter; and whether, as this woman has neither physically nor mentally recovered from her confinement, he will order her release;
(2) whether his attention has been drawn to the comments of the magistrate who sentenced Florence McDonald, together with her three-weeks-old baby, to prison; and, as this is the second case of its kind within a few months in this court, whether he will now issue a circular to all magistrates informing them that no woman is fit to plead her case in a law court within two or three weeks of child-birth?
§ Sir S. HoareAs the case in question has aroused considerable interest, I hope the House will excuse the length of my reply.
I am informed that Mrs. McDonald, who is 24 years old and not 21 as stated in the question, pleaded guilty to the offence of stealing from a gas-meter. She had previously been convicted on six occasions and on 21st January, 1937, had been placed on probation for two years for stealing from a gas-meter. While on probation, and when there was no question of her suffering from the effects of child-birth, she committed another offence of stealing from a gas-meter and was sentenced in respect of that offence to three months' imprisonment. Before deciding how to deal with her in respect of the present offence the Justices made full inquiries as to her home conditions and her general character. They were informed that the home conditions were deplorable and that although Mrs. McDonald had received assistance and advice there had been no improvement in her home. Probation had been tried but that had failed to deter the defendant from repeating her 1477 offences. In these circumstances the Justices came to the conclusion that it was in the defendant's own interests that she should receive a sentence of imprisonment.
There are obvious objections to sentencing to imprisonment women with young babies, but there are, as the House will appreciate, circumstances which may make such a course inevitable notwithstanding the objections. In the present case I regret that after the most careful and sympathetic consideration of all the circumstances I can find no grounds which would justify me in advising any interference. Mrs. McDonald and her baby are located in the Women's Hospital at Durham Prison and the Medical Officer reports that there is nothing to indicate that Mrs. McDonald is suffering from any ill effects from her confinement.
As regards the question of issuing a circular to the courts about defendants who may be suffering from the effects of childbirth, I have no doubt that if it were represented to a court, whether by a prison doctor in the case of persons remanded in custody or by the defendant's own medical adviser in the case of persons released on bail, that the defendant was temporarily unfit from any cause, the court would adjourn the case until the defendant had recovered. In cases of women recovering from childbirth an arbitrary standard of two or three weeks would seem unsuitable and would imply that after a period of three weeks such women are fit in all cases to plead. I am, however, in sympathy with the point of view of the hon. Member and I am considering the question whether any advice could usefully be given to the courts as to the method of dealing with women with young babies who are charged with offences.
§ Dr. SummerskillIs it not a fact that there is not one medical authority who, perhaps, has advised the right hon. Gentleman who has stated that women are physically and mentally normal two or three weeks after childbirth? Therefore, would he not regard it as a cardinal principle in administering justice that no woman within two or three weeks of her confinement should be asked to go near a. court of law? May I ask, further, whether the right hon. Gentleman will expedite this circular?
§ Sir S. HoareI certainly contemplate no delay in issuing the circular. I have 1478 given very careful and sympathetic consideration to this case, and I think, on the whole, I had better not add anything to the very full answer I have given.
§ Mr. GallacherWill the right hon. Gentleman arrange to have this woman and baby sent to a home instead of to prison?
§ Mr. GallacherYou never had to steal from a gas meter to get something to eat?
§ Mr. GallacherYou are a gang of blackguards.
§ Mr. SpeakerIf the hon. Member for West Fife (Mr. Gallacher) cannot behave himself, I shall have to deal with him, severely.