PREVENTION AND TREATMENT OF BLINDNESS (SCOTLAND) BILL. (Hansard, 6 May 1938)

§ Mr. Allan Chapman

I beg to move, in page 1 line 7, after "desirable," to insert and as may be sanctioned by the Department of Health for Scotland. This Amendment fulfils a promise given at the Committee stage, and has been put down after consultation with my right hon. Friends the Secretary of State for Scotland and the Lord Advocate. In Committee the question was raised whether the powers conferred by the Bill as it then stood could be interpreted as going beyond the purpose set out in the explanatory Memorandum. For instance, could a power be read into the Bill which would enable local authorities so desiring to place a restriction on the marriage of blind persons? That was the particular point which gave rise to this Amendment. In the Bill prevention is limited to prevention under what may be called ophthalmic treatment, and to place the matter beyond the shadow of doubt this Amendment has been put down. By making any scheme submitted by a local authority subject to the approval of the Department of Health for Scotland, we ensure that any conditions laid down and which may be considered inexpedient are eliminated at the source, and before the scheme comes into operation.

§ Mr. Garro Jones

I beg to second the Amendment.

I should like to pay a tribute to the readiness with which the promoter of the Bill appreciated the force of the objection raised to the Bill in its original form and as presented to the Standing Committee on Scottish Bills. The Bill entitled local authorities to take such measures as they thought would assist in the prevention of blindness. We were assured prior to the meeting of the Committee that those words did not mean what they said. No 1194 doubt it might have been possible, by elaborate arguments based upon draftsmanship, to establish that those words did not, in fact, mean what they said, but meant something else.

However, that argument was brought to naught by the evidence which we were able to present to the Minister and the hon. Member promoting the Bill, to the effect that some local authorities, acting in advance of the Statute, had interpreted the provisions in this Bill as much wider than they were intended to be and had, in fact, sought to bring pressure or, at any rate, had invested themselves with power to bring pressure upon blind persons in order to prevent their marriage if the medical officer of health thought that such a marriage would be undesirable. That evidence impressed the Secretary of State, and even the chilled emotions of the Lord Advocate were aroused to the danger inherent in this proposal, and an undertaking was given that the matter would be brought within the purview of the Secretary of State for Scotland. That being so, any regulations made will be subject to the direct supervision of this House. Therefore, I feel that such danger as existed is no longer present, and I have pleasure in seconding the Amendment, and in supporting the Bill as so amended.