HC Deb 11 November 1957 vol 577 cc603-4
58. Dr. D. Johnson

asked the Minister of Health whether he is aware of the ruling of the Lord Chief Justice in his judgment in the case of Regina v. Head in regard to the definition of a moral defective under the Mental Deficiency Act, 1913; and whether he will order an immediate review of the certificates of all detainees in institutions that have been made under Section 1 (d) of this Act relating to moral defect with a view to ascertaining whether these are valid in accordance with the correct interpretation of the law.

Mr. Walker-Smith

I am aware that the Lord Chief Justice in the case in question referred to the statutory definition of moral defectiveness in the Mental Deficiency Act, 1913, and to the necessity for strict observance of its terms. The Board of Control, in consultation with the Home Office, is examining certificates given in the circumstances to which the Lord Chief Justice was referring.

Dr. Johnson

May I thank my right hon. Friend for his reply and ask him if he is aware of the general concern felt at the lack of exact definition of moral defectiveness, particularly where there is no defect in intelligence, and whether the impression is abroad that a considerable number of people are detained as mental defectives who have no defect of intelligence at all? Will he bear this in mind?

Mr. Walker-Smith

I will certainly consider this important question in the light of what my hon. Friend has said.