The Criminal & the Community

by James Devon

The Prison Commission for Scotland consists of two ex-officio and two paid members. The ex-officio members are the Crown Agent and the Sheriff of Perthshire. The Crown Agent goes out with the Government of the day, but he is not usually a Member of Parliament. The Sheriff of Perthshire in virtue of his office had a place on the board which managed the old Penitentiary at Perth; that is probably the reason why he is a Commissioner of Prisons under the Act of 1877. It is certainly not because Perthshire is a county which contributes many criminals from its Courts to the prison population.

There are thus two lawyers on the Board, one being a judge and the other being the solicitor in whose office public prosecutions are directed. The other Commissioners are permanent civil servants, appointed by the Secretary for Scotland.

At first there were also two Inspectors who gave their whole time to the work of visiting the various prisons and reporting on their condition and management to the Secretary of State, but in process of time there has been a change, and now the Secretary of the Commission is the only Inspector.

The Commissioners themselves visit the prisons and inspect them; but as they are responsible for the management, the arrangement is open to the criticism that they report on their own work, without independent inspection.

The Secretary of State is the head of the Board, and is responsible to Parliament for the work of the department; but his sole means of knowing that work is the reports he receives from the Commission. Whether on all boards Members of Parliament should not have a place and power, just as members of a town council form the supervising authority over the work of its departments, is a question that will bear discussion. At present the Member of Parliament can only make himself a nuisance by asking questions; that is what it amounts to, since no matter what the answer may be, it leaves him very much where he was. He is usually as ignorant at the end as he was when he began. Some aggrieved constituent having more faith than knowledge has made an ex-parte statement to his representative, who puts a question to the Minister, who passes it on to the department concerned, which transmits to him the answer given by the person complained of, which shows that there is no ground for the complaint. It may be uncomfortable for someone, but it is not business. If the complaints are too frequent or the complainers too influential to be disregarded, the Minister forms a committee of enquiry which turns things up for a time, censures somebody who is too small to cause trouble, makes a few apologetic suggestions for alterations, white-washes with liberality those who most need it, and presents another report for the waste-paper basket.

Spasmodic enquiries can never make up for systematic neglect, and their effect is seldom to cause as much improvement as irritation. The danger to the public service is not from corruption, but from the official mind getting out of touch with the spirit of the time and the needs of the public.

Rules for the government of prisons are laid down by the Secretary for Scotland, and these rules become statutory after they have been laid on the table of the House of Commons for a period. They define the duties of the various officials, lay down regulations for the treatment of the prisoners, and deal in detail with the management of the prisons.

The Commissioners have the whole control in their hands, subject to the rules. They appoint all the inferior officers; transfer and promote them; or dismiss them if their conduct is unsatisfactory. They do not appoint the superior officers, but it is to be expected that their advice will be considered by the Secretary of State, with whom the nominations lie. As a Commissioner cannot be in more than one place at a time, they cannot be expected to have any intimate knowledge of the capability of the men who depend for promotion on them; and their task in this matter alone is no easy one. As for knowledge of the prisoners at first hand, that is impossible; for prisoners are as hard to know as other people, and one person cannot know much of another as the result of an occasional short conversation. If they were liable to err they could not be criticised effectively; for any official who might be in a position to criticise would run the risk of not being in that position long; any prisoner might be looked upon as a prejudiced person; and no member of the public is able to offer criticism, for he does not know the facts. This is an unfortunate state of affairs; for even the ablest minds are the better for being brought in conflict with others and in contact with other ideas, and a system that discourages independent thought is not likely to lead to rapid progress. It has its advantages, however, for a knowledge of the rules and a habit of always carrying them out ensure to the prisoner, peace, and to the officer a good reputation and better prospects than he could ever hope for if he were foolish enough to set his brains to work.

In a private business, when a man gets a position, he cannot hold it unless by exercising his judgment in such a way as to satisfy his employer that he is worth his salt; when he fails in this he is liable to dismissal. In the public service the case is different. There is no question of bankruptcy for one thing, and there is security of tenure for another. You cannot depend on always having men of ability in the posts, but by the aid of rules you can teach a person of moderate talent to get through his work. To disregard the rules may be justifiable in a given case and so far as that case is concerned, but it is liable to knock the whole machine out of gear.

There are many able men in all branches of the civil service, and the fact is often referred to by Cabinet Ministers amid loud cheers from the public; but they recognise the need for routine and follow it. They would otherwise have less time for literary work, in which they can use their original powers to greater advantage. The public departments have produced more poets, novelists, critics, and playwrights than any other large businesses, as, for instance, the railways or the engineering trades. These also employ talented men, but their talents are deflected to business channels. If they had their work laid down for them in rules and regulations they also might add to the gaiety of nations.