HL Deb 19 December 1929 vol 75 cc1675-7

Read 3a (according to Order):

Clause 2:

Notice of reception, death and departure of voluntary boarders and provisions as to boarders who become incapable of volition.

(3) If any person received as aforesaid becomes at any time in the opinion of the medical superintendent or such other person as aforesaid incapable of volition, he shall not thereafter be retained as a voluntary boarder for a longer period than one month, but shall on or before the expiration of that period be discharged, unless in the meantime he has again become capable of volition or steps have been taken to deal with him either under the principal Act as a person of unsound mind or under this Act as a person incapable of volition who is likely to benefit by temporary treatment.

EARL RUSSELL moved, in subsection (3), to leave out "in the opinion of the medical superintendent or such other person as aforesaid." The noble Earl said: My Lords, this Amendment is to leave out certain words in Clause 2. These are words inserted at the instance of Lord Sandhurst in the Committee stage, but they are inappropriate to the Bill. We have consulted Lord Sandhurst, who agrees that they are inappropriate, and therefore we propose to omit them.

Amendment moved— Page 3, lines 12 and 13, leave out in the opinion of the medical superintendent or such other person as aforesaid").—(Earl Russell.)

THE EARL OF ONSLOW

If these words are taken out, there will be no opinion. How does the noble Earl propose it will work? Who will say that the man has become incapable?

EARL RUSSELL

I have a long explanation with which I did not trouble your Lordships because Lord Sandhurst was convinced. The question of whether a patient is capable of volition or not is a question of fact and it has to be ascertained and naturally founded on the opinions of the people who have observed it. To put it in as a matter of opinion would have involved other alterations in the Bill and we think it better to leave it as a matter of fact.

On Question, Amendment agreed to.

Clause 15:

Power to make rules.

(2) The following shall be substituted for subsection (6) of the said Section three hundred and thirty-eight:—

(6) Rules made under this section shall be laid before both Houses of Parliament forthwith, and if an Address is presented to His Majesty by either House of Parliament within the next subsequent twenty one days on which that House has sat after any such rules have been laid before it, praying that a rule may be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new rule:

Provided that where any such rule modifies or adapts this Act or any other enactment the rule shall not come into force or have any effect unless within the said period of twenty-one days it has been approved by a Resolution passed by each House of Parliament."

EARL RUSSELL moved to omit the proviso in the substituted subsection (6) and to insert:— Provided that the foregoing provision so far as it relates to the presentation of an Address by either House of Parliament, and the consequences thereof shall not apply to any rules which modify or adapt any enactment, whether in this or any other Act, but such rules shall cease to have effect upon the expiration of a period of three months from the date on which they came into operation unless at some time before the expiration of that period they have been approved by a Resolution passed by each House of Parliament. In reckoning any such period of three months as aforesaid no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

The noble Earl said: This is a question of laying rules which we put in at the instance of Viscount Brentford. He said at the time that he would be willing to agree to the form of words found here and we have consulted him upon this and he sees no objection to these words.

Amendment moved— Page 15, line 14, leave out from ("that") to end of line 19 and insert the said proviso.—(Earl Russell.)

On Question, Amendment agreed to.

Clause 21 [Interpretation and Adaptation]:

EARL RUSSELL

I beg to move a drafting Amendment.

Amendment moved— Page 18, line 11, leave out ("such") and insert ("aforesaid as such a boarder or patient").—(Earl Russell.)

On Question, Amendment agreed to.

Clause 22 [Short title, construction, repeal, extent and commencement]:

EARL RUSSELL

I move the next Amendment on behalf of my noble friend Viscount Brentford. It is also a drafting Amendment.

Amendment moved— Page 18, line 43, after ("Act") insert ("except as otherwise expressly provided").—(Earl Russell.)

On Question, Amendment agreed to.

First Schedule:

EARL RUSSELL

I have three Amendments in this Schedule which are small drafting Amendments to which I called your Lordships' attention as necessary on the Report stage in order to bring the Schedule into conformity with the altered form of the Bill.

Amendments moved—

First Schedule, page 20, lines 9 and 10, leave out ("am the usual medical attendant of the above-named")

First Schedule, page 20, line 13, leave

out from ("Control") to end of line 14, and insert ("and I am not the usual medical attendant of the above-named")

First Schedule, page 20, line 19, after

("practitioner") insert ("and am [am not] the usual medical attendant of the above-named ").—(Earl Russell.)

On Question, Amendments agreed to.

Privilege Amendments agreed to.

Bill passed, and sent to the Commons.