In enactments of this nature, when the State, in attempting to fulfil the duty, finds it necessary to disregard the wish of the parent, it is most important to secure the support of public opinion; and, as your Committee cannot recommend that a policeman should be empowered to take a baby from its mother to the Vaccine Station—a measure which could only be justified by an extreme necessity, they would recommend that, whenever in any case two penalties, or one full penalty (20s.), have been imposed upon a parent, the magistrate should not impose any further penalty in respect of the same child.
It has been suggested that the parent’s declaration of belief that Vaccination is injurious might be pleaded against any penalty, but your Committee believe that if the law were thus changed it would become a dead letter, prosecutions would soon cease, and the children of the many apathetic and neglectful parents would be left unvaccinated, as well as the children of the few opponents of Vaccination.
The recommendations of the Committee, chiefly administrative, were embodied in a Bill, passed by the House of Commons on 15th August. The tenth clause, limiting penalties, was the subject of a short debate, and was carried on a division by 57 to 12. When the Bill was brought before the House of Lords on 18th August, Lord Redesdale moved to omit clause 10, saying—
The clause exempts persons who have been fined the full penalty, or two penalties of any amount, from any further proceedings. The clause has been hailed with triumph by the opponents of Vaccination, who justly think it destroys the whole effect of the compulsory law. The poor will naturally argue that, if the rich are let off with a fine of 20s., the penalty ought in their case to be reduced; and such a resistance to the measure will spring up, that the whole purpose of the former Acts will be done away.
Viscount Halifax replied—
I hope the House will not strike out the clause, as it might entail the loss of the Bill. I admit there are objections to its principle; but it has been unanimously recommended by a Committee of the House of Commons. Determined opposition has been offered to Vaccination by a limited number of persons on grounds which I deem unreasonable; but, nevertheless, whilst this feeling exists, it is the opinion of Mr. Simon, the medical officer to the Privy Council, that it is unwise to insist upon anything which is not indispensable; and, further, that the penalty now proposed will answer all the practical purposes of the Act. It is desirable that public feeling should go with the Act, which will be the case, since the exceptions will be very few; whereas an adverse feeling may be excited to the prejudice of the Act, if even a few prosecutions are persisted in. The strongest advocates of Vaccination deprecate repeated fines and imprisonments, which leave the defendants’ children unvaccinated.
Lord Redesdale rejoined—
I presume the noble Viscount thinks it useless to fine a man more than once for drunkenness? The clause surrenders the whole principle of Compulsory Vaccination.
On the question whether the clause should stand part of the Bill, their Lordships divided:—Contents 7; Non-contents, 8; Majority, 1. Resolved in the negative.