§ The Lord AdvocateI beg to move, in page 35, line 9, after "powers". to insert "and duties".
The effect of this Amendment is rather more substantial than might appear. It gives the appellant considerable added safeguards. It means that the sheriff, when hearing an appeal, will have to do two things. He will have two duties placed upon him. He will not be able to dismiss an appeal without affording an opportunity of being heard to the person making the appeal and to any witness whom that person may wish to call. Secondly, the sheriff will be required to hold the appeal proceedings in private if the patient or appellant so wishes.
§ Amendment agreed to.
§ The Lord AdvocateI beg to move, in page 35, line 11, at the end to insert:
(3) For the purpose of advising whether such an appeal as aforesaid should be made by or in respect of a patient who is liable to be detained or subject to guardianship under this Part of this Act, or of furnishing information as to the condition of a patient for the purposes of such an appeal, any medical pracitioner authorised by or on behalf of the patient or by the nearest relative of the patient, as the case may be, may, at any reasonable time, visit the patient and may examine him in private.This Amendment meets an undertaking given in Committee. It provides that a doctor authorised by or on behalf of a patient or by the nearest relative may visit a patient at any reasonable time and in private in order to advise the patient or the nearest relative whether to appeal or to provide information on the patient's condition for the purposes of such an appeal.
§ 7.0 p.m.
§ Miss HerbisonI consider that this is a very important Amendment. It meets a point made by hon. Members on this side. It seems to me that in an appeal there ought to be the greatest possible evidence at hand for the person making the appeal. It gives a person the chance to get expert opinion and evidence.
§ Amendment agreed to.