HC Deb 10 May 1938 vol 335 cc1403-4
25. Mr. Maxton (forMr. McGovern)

asked the Secretary of State for Scotland the date when Francis Healy was transferred from Gartloch asylum to Perth prison; whether he was then certified as sane; the date of his removal from Perth prison to Woodilee asylum; the circumstances surrounding his removal and certification; and who were the medical men who again certified him as insane?

Mr. Wedderburn

Francis Healy was discharged from Gartloch Mental Hospital on 7th February, 1938, the medical superintendent being of the opinion that he had recovered from the mental condition from which he had been suffering. He was taken on that date to Perth Prison. Healy's mental condition subsequently gave rise to anxiety and he was kept under observation. On 17th April, 1938, Healy was certified insane by the medical officer and assistant medical officer of Perth Prison. On the following day he was removed under sheriff's warrant to the Glasgow District Mental Hospital, Woodilee. Healy refused to leave the car in which he was taken to the mental hospital, although every effort was made to induce him to do so. He had, therefore, to be forcibly removed.

Mr. Maclean

Is it not the case that, according to the experts in Scotland, instead of this man's case being looked into by two official doctors of the asylum, there ought to have been an independent doctor; and will the hon. Gentleman tell the House why no independent doctor was brought in in order to assist the official doctors in dealing with this case?

Mr. Wedderburn

He was certified by the assistant medical officer and the medical officer of the prison under Section 6 of the Act, which provides that: When in relation to any person confined in a local prison…it is certified, on soul and conscience, by two medical persons that they have visited and examined such prisoner, and that in their opinion he is insane, it shall be lawful for the sheriff, on summary application at the instance of the administrators of such prison. by a warrant under his hand, to order such prisoner to be removed to a lunatic asylum.

Mr. Maclean

Which Act is that?

Mr. Wedderburn

That is Section 6 of the Criminal and Dangerous Lunatics (Scotland) Amendment Act, 1871.

Mr. Maclean

Is it not the case that an Act passed only four years ago abrogated that particular Section, and laid it down that one of the two doctors examining anyone alleged to be insane must be an independent doctor?

Mr. Wedderburn

Perhaps the hon. Member will put that question down.