HC Deb 27 July 1960 vol 627 cc1696-9

Lords Amendment: In page 95, line 9, at end insert:

"The Land Tax Redemption Act, 1802 (42 Geo. 3, c. 116)

In section fourteen, as it applies to Scotland, for the words 'lunatics or of idiots' and 'lunatics, idiots', wherever they occur, there shall be substituted the words persons suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

The Admiralty (Signal Stations) Act, 1815 (55 Geo. 3, c. 128)

In section three, as it applies to Scotland, for the words 'lunatics, idiots' there shall be substituted the words 'persons suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

The Defence Act, 1842 (5 & 6 Vict, c. 94)

In sections ten and eighteen, as they apply to Scotland, for the words lunatics, idiots there shall be substituted the words persons suffering from mental disorder within the moaning of the Mental Health (Scotland) Act, 1960'.

The Companies Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict, c. 17)

In section eighty-two, for the words' be a lunatic or idiot, fatuous or furious person, such lunatic or idiot, fatuous or furious person 'there shall be substituted the words is suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960, and is incapable by reason of his mental disorder of managing and administering his property and affairs, he'.

The Lands Clauses Consolidation (Scotland) Act, 1845 8 & 9 Vict, c. 19)

In section seven, for the words 'lunatics or idiots, fatuous or furious persons' and for the words 'lunatics, idiots, fatuous and furious persons', wherever they occur, there shall be substituted the words persons suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

In section sixty-seven, for the words 'lunatic or idiot, fatuous or furious person' there shall be substituted the words person suffering from mental disorder within the meaning of the 114, mental Health (Scotland) Act, 1960'.

In section sixty-nine, for the word lunacy there shall be substituted the words incapacity by reason of mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

In section seventy, for the words 'idiotcy, lunacy' there shall be substituted the words 'incapacity by reason of mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'."

Mr. Galbraith

I beg to move, That this House doth agree with the Lords in the said Amendment.

It might be convenient to discuss this Amendment with the next three Lords Amendments in lines 37, 43 and in page 96, line 6. The effect of all of them is to replace by the terminology introduced in the Bill various out-dated reerences to: lunatics, idiots and furious and fatuous persons.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: In page 96, line 45, leave out from beginning to the end of line 47 and insert: Section three shall cease to have effect.

The Merchant Shipping Act, 1894 (57 & 58 Vict, c. 60)

In section fifty-five, in subsection (1), as it applies to Scotland, for the word 'lunacy' there shall be substituted the words mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

The Friendly Societies Act, 1896 (59 & 60 Vict, c. 25)

In section thirty-four, as it applies to Scotland, for the words 'becomes lunatic' there shall be substituted the words 'is suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960 '."

Mr. Galbraith

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment does two things. First, it substitutes the terminology of the Bill for obsolete wording under the Merchant Shipping Act and the Friendly Societies Act. Secondly, this and the last four Lords Amendments ensure that Service personnel discharged because of mental disorder will be dealt with under the appropriate mental health legislation of the United Kingdom country concerned if compulsory admission to hospital is necessary.

Question put and agreed to.

Lords Amendment: In page 99, line 8, at end insert: or in a hospital or institution within the meaning of the Mental Health Act (Northern Ireland), 1948,

Mr. Galbraith

I beg to move, That this House doth agree with the Lords in the said Amendment.

The effect of this Amendment, read with the first part of the following Amendment, is to extend to persons receiving treatment for mental disorder in Northern Ireland the exemption from liability to recall for service contained in paragraph 2 of the Schedule to the Recall of Army and Air Force Pensioners Act, 1948.

Question put and agreed to.

Lords Amendment: In page 99, line 10, at end insert: or, as the case may be, of the Northern Ireland Hospitals Authority.

The Legal Aid and Solicitors (Scotland) Act, 1949 (12 & 13 Geo. 6, c, 63)

In section nineteen, in subsection three, for the word 'insanity' there shall be substituted the words 'mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

In the Fifth Schedule, for the word 'insanity', wherever occurring, there shall be substituted the words 'mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'; in paragraph 4, for the words 'upon an order or warrant being granted for the detention of a solicitor as a lunatic' there shall be substituted the words 'where in pursuance of the Mental Health (Scotland) Act, 1960, a solicitor is, by reason of mental disorder, admitted to a hospital and becomes liable to be detained therein or becomes subject to guardianship,' for the words 'any such order or warrant remains in force' there shall be substituted the words he continues to be so liable or so subject', and in the proviso to the said paragraph, for the words the order or warrant ceases to be in force' there shall be substituted the words 'he ceases to be liable to be detained or subject to guardianship'."

Mr. Galbraith

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment is partly consequential on the previous Amendment. It also substitutes references to the provisions of the Bill for obsolete terminology in the provisions of the Legal Aid and Solicitors (Scotland) Act, 1949.

Question put and agreed to.

Lords Amendment; In page 99, line 35, leave out "and (3)" and insert", (3) and (4)".

The Lord Advocate

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment, again, extends the right under subsection (4) of Clause 57 to independent medical examination in private. It applies to persons who are detained in hospital at a time when they are subject to the procedure under Section 3 of the Criminal Justice (Scotland) Act, 1949.

Miss Herbison

I am very pleased that this Amendment was accepted in another place and that the Government agree with it. The Lord Advocate will be aware that throughout the whole passage of the Bill in this House, we on this side tried to ensure that there was the greatest civil liberty for all people, whether they were brought in from civil life or had been sentenced for any kind of crime. This seems to be an improvement and we welcome it.

Question put and agreed to.

Remaining Lords Amendments agreed to.