HL Deb 15 June 1926 vol 64 cc406-9

Amendments reported (according to Order).

Clause 1:

Amendment of s. 1 (2) of Midwives Act, 1902.

1. The following subsection shall be substituted for subsection (2) of section one of the Midwives Act, 1902, (which relates to certification of midwives):— (2) If any person, being either a male person, or a woman not certified under this Act, attends a woman in childbirth otherwise than under the direction and personal supervision of a duly qualified medical practitioner, that person shall, unless he or she satisfies the court that the attention was given in a case of sudden or urgent necessity, be liable on summary conviction to a fine not exceeding ten pounds: Provided that the provisions of this subsection shall not apply in the case of a person who, while undergoing training with a view to becoming a duly qualified medical practitioner or a certified midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery.

THE MARQUESS OF SALISBURY moved to add to the clause the words: "recognised by the General Medical Council or by the Central Midwives Board." The noble Marquess said: My Lords, this Amendment arises out of a suggestion made by my noble friend behind me, Lord Knutsford, upon the Committee stage of the Bill. Ho thought that the exemption which was provided in Clause 1 for medical students and pupil-midwives was not sufficiently guarded. We had upon the Motion of the noble Lord opposite (Lord Stanmore) inserted an Amendment and we had provided in the Amendment that this exemption should apply only to students who were undergoing a training with a view to becoming duly qualified medical practitioners or pupil-midwives who were anxious to become certified midwives. But my noble friend behind me thought that was not sufficiently guarded and he suggested some words which I have embodied in this Amendment. I propose to put them in at the end of the clause so that we may be quite clear that these persons are only exempted if the course of practical instruction through which they are going is recognised by the General Medical Council or by the Central Midwives Board. I beg to move.

Amendment moved— Page, 2 line 4, at end insert ("recognised by the General Medical Council or by the Central Midwives Board").—(The Marquess of Salisbury.)

On Question, Amendment agreed to.

LORD MUIR MACKENZIE moved, after Clause 10, to insert the following new clause:—

Power to exempt certain institutions from Part II.

".—(1) A local supervising authority may grant exemption from the operation of this Part of this Act in respect of—

  1. (a) any hospital or other premises for the conduct of which a duly qualified medical practitioner resident therein is responsible; or
  2. (b) any hospital or institution not carried on for profit and not used mainly as a maternity home.

(2) A local supervising authority may at any time withdraw an exemption granted by it under this section.

(3) Any person who is aggrieved by the refusal of a local supervising authority to grant exemption under this section in respect of any hospital, premises or institution, or by the withdrawal of any such exemption previously granted by the authority, may appeal against the refusal or withdrawal to the Minister of Health, and the Minister, after considering the matter, shall give such directions therein as he thinks proper, and the authority shall comply with any directions so given."

The noble Lord said: My Lords, the Amendment I have put down on the Paper is entirely a matter of form and drafting, and does not touch in a single syllable the substance of the Bill. In the course of the Committee stage certain provisions found their way into the Definition Clause, where they are out of place. I had some communication with the Ministry of Health on the subject to see whether they thought that the provisions should remain in that position in the Bill and, having learned from them that my suggestion on the subject was one that might be adopted, I put down this Amendment transferring those provisions from the Definition Clause to a substantive clause at the end of the regular clauses of the Bill. I believe that the noble Marquess who has charge of the Bill approves of that being done and, if that is so, I dare say it would be convenient for the House if I simply move that this and my other Amendments be agreed to.

Amendment moved— Clause 10, page 6, line 15, at end insert the said new clause.—(Lord Muir Mackenzie.)

THE MARQUESS OF SALISBURY

My Lords, my noble friend opposite is an undoubted authority on drafting and I agree, even if the Amendment stood on his own authority alone, that that would be sufficient to recommend it, but, as a matter of fact, we are of opinion that it is an improvement, and I am very glad to accept the Amendment.

On Question, Amendment agreed to.

Clause 11:

Interpretation.

11.—(1) In this Act unless the context otherwise requires:—

The expression "maternity home" means any premises used or intended to be used for the reception of pregnant women or of women immediately after childbirth, but shall not include—

  1. (a) any hospital or other premises maintained or controlled by a Government Department or local authority, or by any other body of persons constituted by special Act of Parliament or incorporated by Royal Charter; or
  2. (b) any hospital or other premises for the conduct of which a duly qualified medical practitioner resident therein is responsible which may for the time being he exempted from the provisions of Part II of this Act by the local supervising authority; or
  3. (c) any hospital or institution not carried on for profit and not used mainly as a maternity home which may for the time being he exempted as aforesaid;

(2) Any person who is aggrieved by the refusal of a local supervising authority to grant exemption from the provisions of Part II of this Act in respect of any hospital, premises or institution, or by the withdrawal of any such exemption previously granted by the authority, may appeal against the refusal or withdrawal to the Minister of Health, and the Minister, after considering the matter, shall give such directions therein as he thinks proper, and the authority shall comply with any directions so given.

LORD MUIR MACKENZIE

My Lords, I beg to move to omit paragraphs (b) and (c).

Amendment moved— Page 6, line 35, leave out ("charter") to the end of line 6 on page 7.—(Lord Muir Mackenzie.)

On Question, Amendment agreed to.

Amendment moved— Page 7, lines 10 to 19, leave out subsection (2).—(Lord Muir Mackenzie.)

On Question, Amendment agreed to.