GOVERNMENT'S PROBLEM

Chronicle (Levin), 5 June 1948, Page 5

GOVERNMENT'S PROBLEM

(N.Z.P.A.-

-Reuter,

Lords Are Right Over Death Penalty

/ Copyright)

Beceived Friday, 7 p.m. LONDON, June 4. Diseussing the difficult issue which he says now confronts the Government in consequence of the Lords' decjsion to retain the death penalty, The Times' Pariiamentary correspondent p'oints out that by its vote the Lords have in effect ranged themselves with the Government — though a divided Government — against the Commons. The Commons forced the suspjension of the death penalty on the Government hy a majority ofr23 in a free vote after the Home Secretary (Mr. Chuter Ede) had strongly. advised its retention in the present circumstances. The Government 's view, he said, was that the time was not ripe for undertaking this reform and he added his own helief that public opinion did not favour it. That view has now been taken up by the Lords, and the Government, The Times' correspondent says, must have an uncomfortable i'eeling that on this issue the Lords are right. The GovernmenVs future policy, he adds, must necessarilv depend on whether or not a conipromise can be agreed 011 between the two Houses. There is a strong feeling in the Lords against any conipromise and the abolitionists in the Commons are equally opposed to any conipromise with the Lords. Nevertheiess, it seems certain that eft'orts wili be made to reach one which would most likely take the forni of l'etaining th$ death penalty wliile further restricting its incidence.

Developnients in the hanging coatroversy are perplexing Cabinet and angering the Gpposition, says Reuter 's political correspondent. The Conservative leaders met at the Commons lasi night to consider the next step. Cabinet, which may well be divided, discussed it without Teaching a decision. The Laliour Commoners, who 011 the Government 's advice voted for the retention of hanging, are asking whether the Government will insist when the Criminal Justice Bill returns to the Commons that they reverse their attitude and vote for the reinsertion of the. no-hanging clause, but the Government will be unpopular with a larger section of its supporters if it allows the sus pension of the death penalty to lie dropped. Legal opinion as well as logic seems to be against instituting degrees of niurder with hanging for more premiditated crimos. It is generally agreed, tliht 'Mr. Cluzter Ede's action in advising his Majesty to reprieve . murderers after the Commons vote against lianging' accorded with commonseiisd and (jecency. ATr. Ede's only fault seems to have lieen that he announced openly his 'intentions. He coulcl have remained silent while reprieving all murderers and would have been acting within his rights. r Committed,Es Vote? , _ It is believed that the split over the issue is widening in Cabinet. Lord Jowitt and Air. Chuter Ede have made clear their opposition to suspension of the death sentence. and Air. Arorrison -mpports them. Hir Stafford Cripps' favours suspension, 'but it is'now. believed that Cabinet stands comlnitted by the House of Commons vote and tlie rnain question to be deeided is whether to allow tlie House another free vote or to apply the whips. I11 reply to ATr. Eden in the House of Commons "Air. Morrison said there was no need to malte a statement 011 'he comniuting of death sentences, irrespective of the merits of individual cases, unless the matter arose when the Bill was rcturned from the Lords. Air. Eden said the matter was of th.e greatest constitutional importance. It seenied to laymen that the Home Secretary had used powers which had been dispensed with since the days of James II. Air. Alorrison said the Home Secretary had made an explicit announceinent 011 April .1(5. If it did not occui\ to tlie Opposition to take the matter up then, he did not - aee why "we should walk into it now."*, The Bishop of London (Dr. AVand), :n his diocesan ietter, circulated today, said it was important that the impression should not get around that the Ohurch unanimously favoured capital ()unishinent. "I have no doubt myself that we should get rid of the extreme penalty as soon as we can. If the Chui'ch is to intervene in the discussion, it would seem to rae better that our intervention should be on the side of diminution of the punishment, rather than increasing its severity. "