§ 4.55 p.m.
§ Mr. Marcus Lipton (Brixton)Unfortunately, it has not been possible in the short time available today to secure the attendance of a representative of the Home Department to deal with the point I am now seeking to raise. For understandable reasons, the Joint Under-Secretary of State for the Home Department did not find it possible to arrange to be here to deal with my point.
Earlier today, Mr. Speaker, I obtained a Written Answer to a Question I had put to the Home Secretary relating to the arrangements now being made to appoint the chaplain at Stafford Gaol, and the reply I obtained from the hon. and learned Gentleman the Joint Under-Secretary was to the following effect. The bishop of the diocese is not prepared to license the clergyman who had been appointed to the post. The appointment is within the power and discretion of the Prison Commissioners. It is true that under the present Act, as the hon. and learned Gentleman pointed out in his reply, the clergyman appointed could not, therefore, officiate in the prison, and according to the answer I obtained from the Joint Under-Secretary, he is being informed that, subject to the consideration of any representations he may wish to make, the Home Secretary will accordingly have to cancel the appointment.
The law on the subject is clear. It is set out in the Prison Act, 1952, which 785 lays down that every prison must have a chaplain who is a clergyman of the Church of England, and when a chaplain is nominated then the necessary notice of such nomination must be given to the bishop of the diocese in which the prison is situated, and the chaplain shall not officiate in the prison except under the authority of a licence from the bishop.
In my submission, who is to listen to the representations, is rather ambiguous from the reply I received today. I assume that the clergyman in question is now given the right of making representations to the Prison Commission, and the Prison Commission, acting under (he authority of the Home Department, will then decide whether or not in the light of those representations this gentleman who has been appointed to the post shall be allowed to take up the appointment.
My only point is that the responsibility for carrying out the law is vested 786 in Parliament, is vested in the Government, and I think that a considerable body of public opinion will reject the proposition that any bishop has the right to dictate either to the Government or to Parliament how the law shall be carried out. If it is felt in this circumstance by the Home Secretary that, because the reasons of the bishop are unreasonable or not acceptable to him, this appointment should be maintained, I hope that the Home Department will not allow itself to be dictated to by the bishop in this instance and will adhere to this appointment. In other words, if there is no good reason why this clergyman should not be appointed, then I hope the Home Department will see that the appointment it has made already is not cancelled.
§ Question put and agreed to.
§ Adjourned accordingly at one minute to Five o'clock, till Thursday, 22nd October, pursuant to the Resolution of the House of 28th July.