HC Deb 09 February 1943 vol 386 cc1152-3
17. Mr. Malcolm MacMillan

asked the Secretary of State for Scotland when the question of the punishment of juvenile crime in Scotland was last a matter of official inquiry; and whether any recommendations were made on the subject of birching?

Mr. Johnston

The Report of the Joint Departmental Committee on Corporal Punishment was published in 1938. I am sending my hon. Friend a copy of an answer I gave to a similar Question last Tuesday.

Mr. MacMillan

Is the Minister aware that cases of child punishment are almost alone, in that the children have no appeal of any kind and that sentences are carried out summarily? Will he make an inquiry into the whole question?

Mr. Johnston

An inquiry was instituted into the whole question, and if my hon. Friend cares I will send him a copy of the Report.

Mr. MacMillan

In view of the fact that the inquiry has produced no result and that these birchings are going on without the children having any right of appeal, will the right hon. Gentleman promote a further inquiry so that we can have some results, as results have not been obvious?

18. Mr. MacMillan

asked the Secretary of State for Scotland whether, in all cases of birching of children the facts are examined by his Department before execution of sentence; and, if not, whether he will have an immediate inquiry into all such cases before execution of sentence, with a view to remission?

Mr. Johnston

I have no power to institute a general review of sentences passed by courts of law. Since 1886 corporal punishment has been inflicted on the day on which it is ordered by the court.

Mr. MacMillan

Does not the answer further support the argument in my supplementaries to the previous Question, and will the right hon. Gentleman see that children have the same right of appeal that every citizen in the country has?

Mr. Johnston

As the law stands, corporal punishment can be inflicted under conditions I have indicated, and it would require legislation, which I am not in a position to promise, to change it.

Mr. McNeil

Is the right hon. Gentleman aware that in all other branches of punishment there has been some progress since 1886, and does he not agree with the hon. Member for the Western Isles (Mr. M. MacMillan)?

Mr. Johnston

It is later than 1886. The inquiry was held as recently as 1938.

Mr. McNeil

But does not the right hon. Gentleman agree that there has been no revision?