§ 45. Mr. K. Robinsonasked the Minister of Health why, under Circular H.M. (55) 46, of 10th May, 1955, he now requires the police to be informed of sexual acts by certified mental defectives, in addition to the normal report to the Board of Control; whether he is aware that medical superintendents have been informed by his Department that such reports to the police are still discretionary; and if he will revert to the earlier procedure by withdrawing the circular.
§ Mr. Iain MacleodThe circular was issued after consultation with my right hon. and gallant Friend the Secretary of State for the Home Department because the earlier procedure, which had only been in force since 1951, did not have sufficient regard to the duty of the police to investigate criminal offences. The circular advises but does not require cases to be reported to the police. I am aware of no good reason for its withdrawal.
§ Mr. RobinsonSurely the right hon. Gentleman is not suggesting that the police should prosecute in cases like this? Is it not the fact that the old arrangements have been working quite satisfactorily? Why does the Minister want to place this additional burden on medical superintendents?
§ Mr. MacleodThere are certain cases which, by the 1913 Act, are in effect criminal offences which come within the terms of this circular. The hon. Member referred to the previous practice, but we are getting back to the practice which operated before 1951. This is a matter of doctor-patient relationship, and the final decision whether the police should be notified is left to the medical superintendent.