HC Deb 05 April 1951 vol 486 cc422-4

(1) In paragraph (a) of subsection (3) of section ninety-one of the Army Act (which makes provision, as respects soldiers of unsound mind who have homes in Northern Ireland, for their reception into hospitals in Northern Ireland on the application of the Army Council or an officer deputed by them), for the words "apply for the soldier's reception into that hospital," there shall be substituted the words "by order direct that the soldier shall be received into that hospital," and in paragraph (a) of subsection (3) of section ninety-one of the Air Force Act (which makes corresponding provision as respects airmen of unsound mind who have homes in Northern Ireland), for the words "apply for the airman's reception into that hospital," there shall be substituted the words "by order direct that the airman shall be received into that hospital."

(2) In subsection (4) of section ninety-one of the Army Act and in subsection (4) of section ninety-one of the Air Force Act, for the words from "and an application under paragraph (a) of subsection (3) of this section," to the end of the subsection, there shall be substituted the words "and an order under paragraph (a) of subsection (3) of this section shall have the like effect, and the like proceedings shall be taken thereon, as if it were an order made by a judicial authority under subsection (2) of section sixteen of the Mental Health Act (Northern Ireland). 1948.—[Mr. M. Stewart.]

Brought up, and read the First time.

Motion made, and Question proposed, "That the Clause be read a Second time."—[Mr. M. Stewart.]

Major Legge-Bourke

Would the hon. Gentleman explain why, after a year in which to decide what to do, it has been necessary to put this new Clause on the Order Paper?

Mr. M. Stewart

This is a very tiny point. It does no more than make clear that it is as mandatory on an appropriate hospital in Northern Ireland to receive a soldier discharged as of unsound mind as it is mandatory on a hospital in the United Kingdom. That is the law all the time, and this new Clause does no more than make it perfectly clear.

Major Legge-Bourke

I appreciate that. My point is that other alterations to the Army Act are embodied in the Bill. Why is it necessary to put this new Clause on the Order Paper as an afterthought when there has been a whole year to think about it?

Mr. Stewart

There had to be discussions with the Northern Ireland Government about this, and the Northern Ireland Government have in fact agreed to it.

Colonel Gomme-Duncan

What would happen if the soldier of unsound mind were one of the lawyers referred to earlier by the hon. Member for Dudley (Mr. Wigg)?

Mr. Stewart

The law would still apply to him, even then.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.

Schedule agreed to.

Preamble agreed to.

Bill reported, with an Amendment: as amended, considered.

Motion made, and Question proposed, "That the Bill be now read the Third time."

5.36 p.m.

Major Legge-Bourke

I should like to repeat the question which is asked every year, and that is whether or not it is the intention of His Majesty's Government to reprint this Bill as it will appear in the Manual of Military Law completely amended. Every year we try to protect the interests of those unfortunate people who have to put in all the Amendments we make; it is the most appalling fatigue and wastes the time of an immense number of people. If only we could ensure that an amended edition of the Act appeared every year it would help the Army a very great deal. Can we have some indication of when there will be a properly amended new edition?

Colonel Gomme-Duncan

If it is in order, may we now have an answer to the question whether women are affected by the matters we have been discussing?

Mr. M. Stewart

The answer to the second question is "No." I am afraid I cannot give the hon. and gallant Member for the Isle of Ely (Major Legge-Bourke) a definite assurance, but I hope we may be able to satisfy him on the point before long.

Question put, and agreed to.

Bill read the Third time, and passed.