Report from the Select Committee on the Vaccination Act (1867) : together with the proceedings of the Committee, minutes of evidence, appendix and index.

  • Great Britain. Parliament. House of Commons. Select Committee on Vaccination Act (1867)
Date:
1871
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Licence: Public Domain Mark

Credit: Report from the Select Committee on the Vaccination Act (1867) : together with the proceedings of the Committee, minutes of evidence, appendix and index. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

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    “ q. Wilh regard to the first and second of these classes, there can hardly be any objection to tire principle of a compulsory law, though there may be practical difficulties in its appli- cation ; but, in dealing with the third class, it becomes necessary to weigh the claims of the parent to control, as he thinks fit, the medical treatment of an infant child, as against the duty of the State to protect the health of the community, and to save the child itself from a dreadful disease. “ ]0. While weighing these conflicting claims, your Committee have had to consider the effect of the change in the law introduced by the Act of 1867, which, contrary to the provi- sions of the previous English or present Irish Acts, makes the parent liable to repeated convictions and penalties for not allowing his child to be vaccinated. “ 11. There appear to have been several cases of infliction of more than one fine or impri- sonment in regard to the same child; and your Commiitee, though by no means admitting the right of the parent to expose his child or his neighbours to the risk of small-pox, must express great doubt whether the object of the law is gained by thus continuing a long contest with the convictions of the parent. “ 12. The public opinion of the neighbourhood may sympathise with a person thus prose- cuted, and may in consequence be excited against the law; and after all, though the parent be fined or imprisoned, the child may remain unvaccinated. In such a case the law can only triumph by the forcible vaccination of the child. “ 13. 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 the policeman should be empowered to take the 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 the full penalty has been imposed upon a parent, the magistrate should not impose any further penalty in respect of the same child. “ 14. It has been suggested that the parent’s declaration of, belief that vaccination is in- jurious 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 lew opponents of vaccination. “ 15. Your Committee are glad to find that wherever the guardians endeavour to cany out the lav/, it is very generally and indeed almost universally enforced ; but there are some amendments by which they think the Act referred to them might be made more efficient. “ 16. By sect. 28, the Guardians of any’parish may appoint an officer to promote vaccina- tion, and to prosecute persons offending against the Act; and it appears that in the majority of the unions such officers have been appointed, and that the law in consequence is more efficiently administered. Your Committee recommend that this appointment be made obli- gatory on the Guardians. “ 17. The y are also strongly of opinion that the registration of vaccination should be simplified; that the vaccination officer should keep the vaccination register, and therefore that the certificates under the Act should be sent to him ; and also that the registrar of the district should forward to him a monthly return of births and of the infants that have died. “18. The suggestion has been made that a considerable proportion of the expenses of working the Act should be contributed from the Consolidated Fund. Your Committee believe that efficient working would be promoted by such contribution. Without doubt local agency must be telied on for administration, but central inspection ar.d control are also needed, and would be much more powerful if a payment towards the expenses could be withdrawn in cases of maladministration. “ 19. Your Committee cannot conclude without expressing their opinion on two questions beyond the scope of the Act referred to them, though not of the subject of their inquiry. “20. A compulsory registration of births such as exists in Scotland and Ireland would be of advantage, as the non-registeied children are precisely those most likely to escape the notice of the vaccinators. “ 21. There also appear to be disadvantages in the present division of sanitary responsi- bility between the departments of the Government. 1 lie Medical Department of the Fiivy Council inspects the vaccination of every union, and advises the Poor Law Board in regard to the arrangements proposed by Guardians, which arrangements are then approved or dis- approved by the Poor Law Board. “22. This division of duties cannot but tend to delay and to non-efficiency, and though your Committee do not pretend to decide to which of these Departments the duty of ad- ministering the law should be entrusted, they do not think such duty should be shared between two offices, and they believe that one and the same Department should advise, inspect, approve, and control.”