HC Deb 05 May 1959 vol 605 cc285-6
Mr. Walker-Smith

I beg to move, in page 22, line 38, after "or", to insert: is defamatory of other persons (other than persons on the staff of the hospital) or would be likely to prejudice the interests 0f the patient, or if". Subsection (2) of the Clause deals with the grounds on which the outgoing mail of detained patients may be withheld by the responsible medical officer. The effect of the Amendment is to enable the responsible medical officer to withhold letters and so on addressed by patients and in his opinion defamatory to other people, excluding the staff of the hospital, and likely to prejudice the patient's own interests.

The Amendment is designed to meet a point raised by the right hon. Lady the Member for Warrington (Dr. Summer-skill) in Committee. The Amendment differs from the one she moved in Committee only in drafting—she having withdrawn hers on my undertaking to consider the matter and to consider the most appropriate form of words. I have used the word "defamatory" rather than "libellous" and the expression likely to prejudice the interests of the patient instead of detrimental to the patient which the right hon. Lady's Amendment contained. The reason for the exclusion of the staff of the hospital is to avoid any suggestion of patients' complaints about their hospital treatment being stifled by the suggestion that they were in any way defamatory.

6.45 p.m.

Dr. Summerskill

I am very glad that the Minister has amended the Bill in this way. While on previous Amendments I have emphasised the importance of safeguarding the patient, at the same time I realise that it is very important to afford the maximum protection to innocent people outside the hospital who might receive these letters. I think that the Amendment meets the case.

Amendment agreed to.