§ 23. Mr. KINGasked the Secretary of State for the Home Department whether he has issued a new De-fence of the Realm. 1619 Regulation under which women can be prosecuted for soliciting or holding sexual intercourse when suffering from venereal disease; if so, in how many cases have prosecutions been instituted under this Regulation, and with what results; and whether he proposes to issue another Regulation which will similarly apply to males who solicit or hold sexual inter-course when they are suffering from venereal disease?
§ 24. Mr. LEES-SMITHasked the Home Secretary whether it is intended to follow up the new Regulation 40d, under the De-fence of the Realm Acts, with regard to women suffering from venereal disease by a similar Regulation with regard to men?
§ The SECRETARY of STATE for the HOME DEPARTMENT (Sir George Cave)Regulation 40d, which applies only when the health of sailors or soldiers is -endangered, was made at the instance of the naval and military authorities, and, in consequence of the urgent request of representatives of the Dominions overseas that steps should be taken with a view to checking the spread of venereal disease among the forces, and questions relating to the Regulation should be addressed to these authorities. I am not aware that any prosecutions have as yet been instituted. It would be impossible, under the powers given by the De-fence of the Realm Act, to make such a Regulation applying to the population as a whole, but the Criminal Law Amendment Bill, which will shortly be reintroduced in another place, will contain a Clause similar to that which was accepted by a Committee of the House of Commons last Session, and which applied equally to persons of both sexes.
§ Mr. KINGIf this matter is urgent and. of everyday vital importance, how is it that there has been no prosecution, though the Order has been made several weeks?
§ Sir G. CAVEI cannot say; I am not in possession of the facts.
§ Mr. HERBERT SAMUELHas the right hon. Gentleman in mind that there is a Clause in the Bill to which he refers, passed by the Standing Committee, which applies to both sexes, and can he say why this Regulation made by the Executive should not apply to both sexes, so far as it applies to persons affected by the Regulation?
§ Sir G. CAVEI have already replied to that in answer to the question. It is not in the power of the Privy Council, under the De-fence of the Realm Act, to make a Regulation applicable to both sexes. It is only for the protection of His Majesty's Forces. The Clause of the Bill to which the right hon. Gentleman refers will, of course, apply to both sexes.
§ Mr. SAMUELCannot the Regulation be applied to members of His Majesty's Forces as well as to women?
§ Sir G. CAVENo, Sir.
§ Mr. KINGWill the Home Secretary give an assurance, if this provision passes into law, that Regulation 40 d will be immediately withdrawn?
§ Sir G. CAVEIt is possible, but I cannot give an assurance.
§ Mr. BILLINGIf this Regulation is made, should it not apply to men equally with women?
§ Sir G. CAVEThe Regulation is made under an Act which provides for the de fence of the realm, and this Regulation, made by the Executive, is only for the protection of His Majesty's Forces.
§ Mr. BILLINGSurely the right hon. Gentleman will not draw a distinction between men and women?