SECOND READING. (Hansard, 12 February 1900)

§ THE EARL OF HALSBURY

My Lords, this Bill has passed your Lordships' House on two previous occasions; but although on the last occasion I formally moved the Second Reading, the Bill having been already confirmed by your Lordships, I cannot now move it without saying that some of the questions involved in it are of serious public importance. This is one of those Bills which for want of time did not pass last session, but which are, nevertheless, urgently needed. One of its most important provisions relates to what are called Urgency Orders, which were instituted by the Act of 1890. To the provision that no person should be deprived of his liberty without some judicial investigation, an exception was made in cases where circumstances rendered a judicial investigation practically impossible, as in the case, for instance, of a raving lunatic, who could not be brought before a magistrate. It was enacted that under such circumstances an Urgency Order might be issued to meet the case. I am extremely sorry to say that the facilities given by this form of procedure have been abused, and medical men have been found who have certified that such an order ought to be given when, in my opinion, there has been no ground whatever for it. In the 1168 interest of the liberty of the subject, amendment of the law is desirable. Among other provisions, the Bill now before your Lordships provides that any medical man who certifies the necessity of an Urgency Order shall give the circumstances under which, and fully and specifically state the reasons why, an Urgency Order is said to be necessary. I regard that as a very important reform in the administration of the lunacy law, and I trust that in the present session of Parliament time will be found to pass this Bill. I have thought fit, although this Bill has passed your Lordships' House on two previous occasions, to make this statement, because, in my opinion, the Bill is not a mere amending measure but one of great public importance.