HC Deb 27 March 1890 vol 343 cc125-7

Bill considered in Committee.

(In the Committee.)

Clause 19.

*(12.11.) CAPTAIN VERNEY (Bucks, N.)

One point appears to have escaped the attention of the Committee, in connection with the clause relating to the method in which penalties shall be recovered before the Court instead of in a summary manner. This Bill is so framed that what are generally meant by contagious diseases are all brought under its operation. Under the Bill there is no clause defining particular diseases, but the Public Health Act, Clause 6, names a certain number of diseases, and the following clause states that the Local Authorities may add to them as many as they choose. Consequently, a particular class of disease, which I need not especially mention, might, if the Local Authority so decided, come under the operation of this Bill, which would constitute a tremendous weapon and enormous power in dealing with these matters. By Clause 132 any Justice of the Peace, acting in and for a district, may direct the detention in hospital of persons suffering from these diseases with a view to preventing the spread of the disorder. Now, that virtually means imprisonment in a hospital; and if the powers under the Bill are taken in the sense to which I have alluded, they legalise a course which ought not to be sanctioned by a Committee of this House without full intention and knowledge of what it is about.

*(12.14.) MR. F. S. POWELL (Wigan)

I think the hon. Gentleman has entirely failed to comprehend the purpose and principle of this Act. No extension of the list of diseases can take place without the consent of the Local Government Board; and if the list were extended in an improper manner, that Authority would be summarily called to account. Nothing is further from the intention of those who framed the Act than to extend the list in the direction suggested by the hon. Member.

*CAPTAIN VERNEY

But it may be done.

*(12.15.) MR. POWELL

I have never heard any suggestion of the kind, and feel greatly surprised that such wild observations should be uttered by the hon. Member. I hope that the Bill will be allowed to proceed.

*CAPTAIN VERNEY

I entirely agree with the hon. Member that this was never contemplated: but still it may be done, and that is my reason for bringing the matter before the House.

*(12.16.) MR. M'LAREN (Cheshire, Crewe)

Will the Local Government Board give us some assurance that this will be made impossible? There may be no intention on the part of the promoters of the Bill to do this thing and to bring in these other diseases; but so long as there is any possibility of its being done, it behoves us to guard against it. We have been taken in several times in the past, and we do not wish to be taken in again. Surely the Government or the hon. Member in charge of the Bill can insert words expressly limiting the effect of the measure.

(12.17.) MR. W. H. LONG (Wilts, Devizes)

I cannot, in the absence of the President of the Local Government Board, give any such assurance; but I may point out that the list of these infectious diseases cannot be extended except with the consent of the Local Government Board, and that implies that extension cannot be made without the knowledge of Parliament.

*MR. M'LAREN

Why not?

MR. W. H. LONG

All I can say is that I will undertake to lay this matter before the President of the Local Government Board before the Report stage is reached.

(12.19.) MR. H. H. FOWLER (Wolverhampton)

I do not think we can proceed any further. This is too serious a matter to be left merely on the understanding that it is to be dealt with on the Report stage. We must clearly understand that there is no possibility of doubt on this question. Under these circumstances, I move to report Progress.

MR. LEES KNOWLES (Salford, W.)

May I point out that this Amendment is one proposed by the hon. Member for West St. Pancras, and that I had merely proposed it in the absence of the hon. Gentleman. Of course, if there is any objection to it I am quite willing to withdraw it.

(12.21.) MR. H. H. FOWLER

My position is simply this: A difficulty has arisen which the responsible Representative of the Government is not able to clear up. This Bill has been advanced with startling rapidity. The hon. Gentleman in charge of it cannot complain of any delay in putting it forward, and I think it is only due now to the House that we should not proceed any further.

Committee report Progress; to sit again to-morrow.