HL Deb 19 July 1938 vol 110 cc952-5

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Alness.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Causes 1 to 4 agreed to.

Clause 5:

Inspection of nursing homes.

5.—(i) The medical officer of health of the local authority or any other officer duly authorised by the authority may, subject to such regulations as may be made by the authority, and an officer duly authorised by the Department may, at all reasonable times enter and inspect any premises which are used, or which that officer has reasonable cause to believe to be used, for the purposes of a nursing home, and may inspect any records required to be kept in accordance with the provisions of this Act: Provided that nothing in this Act shall be deemed to authorise any such officer to inspect any medical record relating to any patient in a nursing home.

LORD ALNESS moved, in subsection (1), to leave out "any" ["any other officer"] and insert "a qualified nurse or." The noble and learned Lord said: This Amendment is really of a drafting character. It is for the purpose of making it clear that a qualified nurse may act as inspector under the provisions of the Bill. Personally, I should have been disposed to think that that case had been covered by the language of the Bill, but I am advised that in order to make it clear this Amendment should be inserted.

Amendment moved— Page 5, line 6, leave out ("any") and insert ("a qualified nurse or").—(Lord Alness.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6 agreed to.

LORD ALNESS moved, after Clause 6, to insert the following new clause:

Power to exempt Christian Science Homes.

".—(1) The Department may, in respect of any nursing home which they are satisfied is being, or will be, carried on in accordance with the practice and principles of the body known as the Church of Christ Scientist, grant exemption from the operation of any requirement of paragraph (c) of subsection (3) of Section one of this Act which is inconsistent with such practice or principles.

(2) It shall be a condition of any exemption granted in respect of a nursing home under this section that the nursing home shall adopt and use the name of Christian Science house.

(3) An exemption granted under this section in respect of a nursing home may at any time be withdrawn by the Department if it appears to them that that home is no longer being carried on in accordance with the said practice and principles."

The noble and learned Lord said: I regret to say that in the fifth line of this Amendment there is a misprint. The word "Scientists" should be "Scientist." Your Lordships may remember that on the Second Reading of this Bill I stated that in Committee I intended to move, in accordance with an undertaking given by the promoter of the measure in another place, and in accordance with the corresponding provision of the English Statute with reference to this matter, an Amendment which would have the effect of granting to the Department of Health power, if they think fit, to exempt from the operation of the Bill the Church of Christ Scientist. The Amendment is now on the Paper for your Lordships to see, and at this late hour it is probably unnecessary that I should say more about it than this. In the first place it merely echoes the corresponding provision in the English Statute, which was passed in 1927 and which was re-enacted in the Public Health Act of 1936. That clause was drafted in the Ministry of Health, according to my information, and it was put forward in another place by Mr. Chamberlain, who was then Minister of Health. In this House, when the Bill came here and was passed, the clause was supported by Viscount Gage, the Marquess of Salisbury, and I think other Peers. This particular clause was drafted in the Department of Health for Scotland, and comes here with their sanction. It does not provide for the exemption of homes of the Church of Christ Scientist from any of the structural or sanitary requirements which the Department of Health may impose, but merely applies to those which relate to doctors and nurses. It is the exact counterpart of the English Statute, which, according to my information, has worked smoothly and well. I commend this Amendment to your Lordships' consideration, in order that Scotland may come into line with England in this matter.

Amendment moved— After Clause 6 insert the said new clause.—(Lord Alness.)

On Question, Amendment agreed to.

Clauses 7 and 8 agreed to.

Clause 9 [Interpretation]:

THE MARQUESS OF LOTHIAN

May I, on this clause, ask the noble and learned Lord a question? It is as to what he thinks is the exact meaning of the definition of a nursing home on page 7, at line 3. It reads: 'Nursing home' means any premises used or intended to be used for the reception of and the providing of nursing for persons suffering from any sickness, injury, or infirmity, and includes a maternity home. It might, it seems to me, preclude an individual from receiving a friend or relative in his or her house, in order that better attention might be received there. It seems to me that it requires the insertion of the word "regularly," that is, "any premises regularly used." I would ask the noble and learned Lord whether he would consider that point, and if he thinks necessary move an Amendment accordingly on the Third Reading.

LORD ALNESS

My noble friend was good enough to tell me that he proposed to raise this point, which is an interesting and, I think, an important one. I shall be very happy to look into the before the Report stage, and deal then.

Clause 9 agreed to.

Remaining clause agreed to.

Schedule agreed to.