HL Deb 20 June 1871 vol 207 cc297-8

Order of the Day for the Third Reading, read.

Moved, "That the Bill be now read 3a."—(The Lord Chancellor.)

LORD CAIRNS

said, he looked upon the Bill as a somewhat dangerous measure, inasmuch as it would make a new class of persons the subjects of lunacy jurisdiction. It proposed that "persons of weak mind" should be brought within the jurisdiction of the Lord Chancellor. The term "person of weak mind" was very vague and indefinite, and was not made much more certain by the definition. Neither was there any indication of who might originate proceedings in lunacy against a "person of weak mind." The Bill merely provided "that on a petition presented in a summary manner," the Lord Chancellor might make an order. This might lead to very improper proceedings. The jurisdiction which was to be created by the Bill was one altogether unknown in this country, and he trusted that his noble and learned Friend would pause before carrying into effect a measure of this nature.

THE LORD CHANCELLOR

said, he was somewhat surprised at the objection raised by his noble and learned Friend, because until this moment he had not the slightest idea that his noble and learned Friend viewed the measure unfavourably. The provisions contained in the Bill were, he believed, much needed in those cases where a man, though not actually insane, was physically and mentally incapable of managing his own affairs; and as the powers conferred were surrounded by ample safeguards, he trusted that his noble and learned Friend would not press his objection.

Motion agreed to; Bill read 3a accordingly, and passed, and sent to the Commons.