HC Deb 11 March 1879 vol 244 cc753-5

Bill, as amended, considered.

SIR MATTHEW WHITE RIDLEY moved to insert the following Clause:— (Apprehension of habitual drunkard escaping from retreat.) If an habitual drunkard escapes from a retreat or from the person in whose charge he is living, under section seventeen of this Act, it shall be lawful for any justice or magistrate having jurisdiction in the place or district where he is found, or in the place or district where the retreat from which he escaped is situate, upon the sworn information of the licensee of such retreat, to issue a warrant for the apprehension of such habitual drunkard at any time before the expiration of his prescribed period of detention. And such habitual drunkard shall after apprehension be brought before a justice or magistrate, and may, if such justice or magistrate should so order, he remitted to the retreat from which he had so escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escape.

Clause agreed to, and added to the Bill.

Amendments made.

Clause 9 (Persons may be admitted to retreats on their own application).

MR. DILLWYN

moved, in page 4, at beginning of line 9, to leave out "the," and insert— By a personal interview with the applicant unaccompanied by any other person they have satisfied themselves that the said. His object simply was to insure that this was the voluntary act of the habitual drunkard, and that he was not acting under the pressure of any of the persons who accompanied him. He wanted him, at the time he signed this paper, to be out of the control of any person. He took the opinion of the Committee on this question, and was defeated by RO small a majority that he felt justified in raising the question again.

Amendment proposed, In page 4, at beginning of line 9, to leave out the word "the," and insert the words "by a personal interview with the applicant unaccompanied by any other person they have satisfied themselves that the said."—(Mr. Dillwyn.)

Question proposed, "That the word 'the' stand part of the Bill."

MR. DALRYMPLE

admitted that the Amendment had been defeated in Committee by a narrow majority; but he hoped that the House would adhere to the decision then arrived at. He thought that the restrictions in the Bill were already in excess of the enactments, and with the provisions inserted by the Home Office the Bill was rapidly becoming an inoperative measure. This Amendment would really render the Bill nugatory; and he trusted that the House would adhere to the decision of the Committee. If the words were inserted, they would go far to defeat what still remained of value in the measure.

DR. CAMERON

said, he voted for this Amendment in Committee; but the number of protections introduced by the Home Office since that time were quite sufficient to prevent any infraction of the liberty of the subject. He thought the Amendment would go far to render the Bill useless, and he should oppose it.

Question put, and agreed to.

MR. DILLWYN

next moved, in page 4, line 10, after "retreat," to add "and was of sound mind." This Amendment was suggested to him by a very eminent medical gentleman, in order that there should be no danger of persons really of unsound mind being sent to these retreats, which were already quasi-lunatic asylums, and he wanted them hedged round with provisions to prevent them from being used as lunatic asylums.

Amendment proposed, In page 4, line 10, after the word "retreat," to insert the words "and was of sound mind."—(Mr. Dillwyn.)

Question proposed, "That those words be there inserted."

SIR MATTHEW WHITE RIDLEY

said, this was more than two Justices could be expected to do.

DR. CAMERON

said, the presumption was that a man was sound until the contrary was proved.

SIR MATTHEW WHITE RIDLEY

said, he would consider the matter, and deal with the question at a future stage.

MR. PAGET

said, if there was any suspicion of unsoundness, a person should not be admitted to these retreats.

Amendment, by leave, withdrawn.

Other Amendments made.

Bill to be read the third time To-morrow.