Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
It has usually been considered impracticable to combine any powers of
compulsion with a Poor Law system. The Majority Report proposes,
however, to endow its new Public Assistance Authority with extensive
powers of compulsory treatment; that is to say, to enable the
administrators of the Poor Law to dispense with its limitation to those
who are actually destitute and unable to maintain themselves, whenever
such administrators choose to consider it expedient to compel particular
persons, who claim not to be destitute, to become or to continue
paupers, with the object of segregating them from their fellows. Such an
extension of the powers of the Public Assistance Authority would be
inconsistent with one of the cardinal principles of the Majority Report,
namely, that the area of the operations of the Poor Law should not be
extended.[858] What is more important is that it does not seem at all
probable that any House of Commons would consent to give to any
Destitution Authority, maintaining the stigma of pauperism, the power to
make a man a pauper against his will.
[858] "We do not recommend any alteration of the law which would
... bring within the operation of assistance from public funds
classes not now legally within its operation" (Par. 4 of Part
IX.).
So far as compelling persons who are ill, and who need treatment, to
come in and be treated for their own good, or for the health of the
neighbourhood, this is a power which Parliament has already, in certain
cases, conceded to the Local Health Authority, which has no stigma of
pauperism, and which has, moreover, the machinery for searching out the
cases, irrespective of their affluence. These powers could easily be
extended. It would seem both futile and unnecessary, with regard to
persons whose need is nursing and medical attendance, and who may not be
pecuniarily destitute, to confer a similar power also on the Destitution
Authority, which has no such machinery for searching out cases, and no
particular responsibility for the Public Health.
With regard to the second great class of those whom it is desired to
segregate compulsorily against their will, namely, the feeble-minded,
the whole weight of expert opinion is against conferring this power upon
either the existing Board of Guardians or any Poor Law Authority, and in
favour of entrusting it to the Lunacy Authority, an Authority which--in
contrast with any Destitution Authority--will treat these unfortunate
persons in respect of their ascertained defect, and not in respect of
their destitution, or in respect of any moral defect assumed to be
connected therewith.
When we come to the children, the case is even clearer. If power is to
be given to any Authority to separate a child from its parents, and to
deprive the latter of its custody and care, public opinion emphatically
demands that this power should be conferred and exercised solely for the
good of the child, and with a view to its best possible nurture and
training.
Public-domain text, read in full here on John Shaqi.
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