HC Deb 23 June 1960 vol 625 cc715-6
Mr. Galbraith

I beg to move, in page 7, line 34, after "(1)", to insert: Without prejudice to the operation of section one of the Education (Scotland) Act, 1946 (which among other things imposes a duty on education authorities to provide educational facilities for pupils who suffer from disability of mind)".

Mr. Deputy-Speaker

I understand that it would be for the convenience of the House to discuss with this Amendment the Government Amendments to Clause 13, page 8, line 43, and to Clause 14, page 9, line 44.

Mr. Galbraith

This Amendment makes it plain that the duties imposed on education authorities by the Education Act are not to be affected by the fact that this Clause imposes on local health authorities a duty to provide training and occupation for children under 16 who have been reported to them by education authorities and for persons over 16 suffering from mental deficiency.

The Amendment thus puts it beyond doubt that education authorities can make provision for mentally handicapped persons, including mentally defective adults, notwithstanding that the local health authority also has a duty toward such persons. It meets an undertaking which I gave in Committee and ensures that education authorities which wish to make provision for mentally handicapped adults can continue to use their powers so to do.

Miss Herbison

As the hon. Gentleman says, this Amendment meets points which were raised in Committee. He has said that education authorities will still be able to continue to use their powers. I think he knows as well as I do that it really means that many education authorities will again have brought to their notice that they have these powers to use although they have not yet used them. The same applies to health authorities. There are many responsible people in Scotland who will be very pleased indeed to know that these Amendments are being made in the Bill.

I do not believe that the Amendments themselves will cause a great increase in the provision for mentally handicapped young people, but I feel that it is important that, where local authorities have some drive in this matter, they should know that the education authority rather than the health authority can do the work which is so important. I hope that much of the work of education, particularly for the young adult over 16 who has been educated until the age of 16 in a special school, will be done under the auspices of the education authority and not under the auspices of the health authority. I welcome the Amendment.

Amendment agreed to.

Mr. Galbraith

I beg to move, in page 8, line 13, at the end to insert: (3) It shall be the duty of a local health authority to make such provision as they may think necessary for securing that transport is available for the conveyance of persons for the purpose of their training and occupation in pursuance of this section; and accordingly section sixteen of the National Health Service (Scotland) Act, 1947 (which relates to the provision by the Secretary of State of ambulances and other means of transport), shall not have effect in relation to the conveyance of persons as aforesaid. This Amendment places on the local health authority the duty to make sure that transport is available where necessary for the conveyance of persons to occupation centres which the authority has provided by itself or under arrangements with voluntary organisations or other local health authorities. It meets an undertaking I gave in Committee to this effect.

Miss Herbison

Parents of these children who are in associations in Scotland wrote to us about this matter, and I know that they will be pleased that this Amendment is to be made.

Amendment agreed to.