HC Deb 17 July 1956 vol 556 cc1037-8
48. Mr. S. Silverman

asked the Prime Minister whether he will make a statement about Government policy in respect of the Death Penalty (Abolition) Bill, having regard to the fact that, on a free vote, the House of Lords and the House of Commons have reached differing conclusions.

The Prime Minister

As the House knows, the Private Member's Bill introduced by the hon. Gentleman the Member for Nelson and Colne (Mr. S. Silverman) was rejected in another place. The Government are giving consideration to the whole question of capital punishment in the light of these circumstances. It is my intention to make a statement on this subject before the Session ends.

Mr. Silverman

While he is giving consideration to the position which the Government have created between the two Houses, would the right hon. Gentleman bear in mind that, in the end, the will of the House of Commons is entitled to prevail and that the will of the House of Commons has been clearly expressed in the way in which the Government themselves invited the House to express it? Will he give full weight to those facts in any announcement that he proposes to make?

The Prime Minister

I think the hon. Gentleman has admitted that the undertakings given by the Government to the House during the passage of the Bill were honourably and fully fulfilled.

Sir W. Anstruther-Gray

Will my right hon. Friend also bear in mind that there is much to be said for amending the law of murder in England to bring it more closely into line with the law of murder in Scotland, which works very well?

Mr. Silverman

Will the right hon. Gentleman also bear in mind that while I did, in fact, say at an earlier stage, and would respectfully repeat now, that the promise of the Government to provide time and facilities was, up to the Third Reading, fully implemented, I have never said that the undertakings of the Government have been completely fulfilled as yet, in view of the undertaking, given repeatedly by the Government, the Leader of the House and the Home Secretary, that when the House of Commons had done what the Government invited it to do and had determined whether it wanted to abolish the death penalty or not, the Government would base their policy upon the decision of the House of Commons?

The Prime Minister

The position under the Parliament Act is perfectly clear. In view of what the hon. Member says, I ought to say that there is no kind of constitutional conflict between the two Houses. It would be quite wrong to assume anything of that kind.

Mr. Silverman

I did not say there was.

The Prime Minister

The hon. Gentleman said, "In view of the action by the other House"; I must point out that the action of the other House was perfectly within its constitutional rights.

Sir F. Medlicott

Willl my right hon. Friend bear in mind that the one section of the community which could make a decisive contribution in this perplexing problem is the people who, from now onwards, may have it in their minds to commit the deed of murder? It is in their power to abolish capital punishment as far as they are concerned by deciding to spare the lives of their victims.