LUNACY CONSOLIDATION (RE-COMMITTED) BILL [LORDS.]—(No. 191.) (Hansard, 27 March 1890)

§ (4.25.) MR. A. PEASE (York)
I wish to draw attention to this clause, and to ask whether it has been compared with Section 64 of the Act of last year. Has the Solicitor General noticed that in the Bill the words "Visiting Committee" occur in Sub-section 2, instead of the words "Local Authority," which occurred in the Act of last year. In his opinion do the words "Visiting Committee" cover and provide for all contingencies?

§ (126.) THE SOLICITOR GENERAL (Sir E. CLARKE,) Plymouth
My attention has only lately been called to the matter, but I have compared the Bill and the Act, and my impression is that the words of the Bill, taken in connection with the provisions of the interpretation clause of the Act of last year, do cover all contingencies. The intention is to reproduce the exact provisions of the Act as it passed this House.

§ (4.27.) MR. A. O'CONNOR (Donegal, E.)
This purports to be a Bill for the consolidation of certain of the enactments respecting lunatics, but it does not extend to Ireland or Scotland, and I find that there are a large number of existing Statutes which are not alluded to in the Bill at all. For instance, an Act of George III., passed in the year 1800, and the following Statutes passed in the reign of Her present Majesty—12 and 13 Vic, relating to borough contributions in respect of lunatics; 13 and 14 Vic, Acts, relating to the County Palatine of Lancashire and to married women; 14 and 15 Vic. c. 81, in reference to the removal of lunatics, and 16 and 17 Vic, relating to the jurisdiction of the Lord Chancellor and the Lords Justices. Then, again, there are other Acts not mentioned, which have been passed within the last 10 years, namely, 42 and 43 Vic, for the relief of pauper lunatics; 46 and 47 38 Vic, an Act relating to criminal lunatics, and 47 and 48 Vic. c. 46, which contains provisions relating to sailors, whether belonging to the Navy or to the Marine Service. As recently as 1886, there was an Act passed relating to the case of lunatics who might be Members of the House of Commons. That also is excluded, Under the Statute, the Commissioners of Lunacy are bound to report to the Speaker the case of any Member who is taken to a lunatic asylum. There is no such provision in the present Bill, and I fail to understand how the Bill can be regarded as a Consolidation Bill. It appears to consolidate certain Statutes, but others are left intact and unrepealed. Has that been done deliberately, or is it proposed hereafter to bring in another Consolidation Bill?

§ (4.30.) SIR E. CLARKE
This Bill does not-purpose to consolidate all the enactments relating to lunacy, and the cases mentioned by hon. Members are expressly excluded by Clauses 270 and 274 from its operation. With regard to Members of the House becoming insane, I may point out that it is intended to deal with the administration of the law so far as it requires to be put in force, and our attention has not been called to the necessity for re-enacting those special provisions. The whole Act has been carefully gone through more than once in order to ensure a complete consolidation, and I think hon. Members will find it contains all that is required.

(4.32.) MR. J. MORLEY
I hope the First Lord of the Treasury will communicate with some of his Colleagues who are in the habit of saying that the Opposition exist for nothing but to obstruct public business, and will draw attention to the fact that the Opposition have afforded great facilities for the passing of this Bill.

§ *MR. W. H. SMITH
I shall certainly have great pleasure in calling their attention to the fact that the Opposition have given the greatest possible 39 facilities for the passing of a Lunacy Bill.