HC Deb 11 July 1924 vol 175 cc2635-6
The PARLIAMENTARY SECRETARY to the MINISTRY of HEALTH (Mr. Arthur Greenwood)

I beg to move, That it is expedient that a tribunal be established for inquiring into a matter of urgent public importance, that is to say:—

  1. (1) The existing Law and administrative machinery in England and Wales in connection with the certification, detention, and care of persons who are or are alleged to be of unsound mind;
  2. (2) The extent to which provision is or should be made in England and Wales for the treatment without certification of persons suffering from mental disorder."
The object of this Resolution is to give the Royal Commission set up to inquire into the administration of the Lunacy Laws the power of summoning witnesses and of hearing their evidence on oath and also to give to the witnesses themselves the privilege enjoyed by witnesses in courts of law. Ordinarily a Royal Commission has no power of summoning witnesses or hearing evidence on oath and the privilege enjoyed by witnesses who voluntarily come to give evidence before a Royal Commission, so far as actions for libel and slander are concerned, is at most a qualified and not an absolute privilege. To remedy this state of things the Tribunal of Inquiry (Evidence) Act, 1921 was passed with a view to securing those powers for a Royal Commission. Section 1 of that Act provides that: where it has been resolved by both Houses of Parliament that it is expedient that a tribunal be established for inquiring into a definite matter described in the Resolution as of urgent public importance, and in pursuance of the Resolution a Tribunal is appointed for the purpose either by His Majesty or a Secretary of State, the instrument by which the Tribunal is appointed or any instruments supplemental thereto may provide that this Act shall apply, and in such case the Tribunal shall have all such powers, rights, and privileges as are vested in the High Court, or in Scotland the Court of Session, or a Judge of either such Court, on the occasion of an action in respect of the following matters:— Those matters include the summoning of witnesses and their examination on oath. The Chairman of the Commission on Lunacy Laws has represented to the Government that in his view it is essential that they should be vested with the powers conferred by the Act of 1921, and accordingly I move this resolution in the hope that the House will agree to those powers being given.

Mr. PRINGLE

I would just like to ask a question with regard to this Motion. I understand it has been put down at the instance of the Chairman of the Royal Commission which has been instituted to enquire into these matters. Can the Parliamentary Secretary say what is the exact effect of putting this resolution down? Does this body cease to be a Royal Commission and become a tribunal under the Act of 1921?

Mr. GREENWOOD

No, it becomes a Commission when it is set up.

Question put, and agreed to.

Resolved, That it is expedient that a tribunal be established for inquiring into a matter of urgent public importance, that is to say:—

  1. (1) The existing Law and administrative machinery in England and Wales in connection with the certification, detention, and care of persons who are or are alleged to be of unsound mind;
  2. (2) The extent to which provision is or should be made in England and Wales for the treatment without certification of persons suffering from mental disorder.