HL Deb 07 July 1947 vol 150 cc116-20

[The references are to Bill No. 39]

Clause 1, page 1, line 20, at end insert— ("(2) No person shall administer by way of treatment any such substance or preparation unless he is such a practitioner or surgeon as aforesaid or is acting in accordance with the directions of such a practitioner or surgeon.")

THE SECRETARY OF STATE FOR INDIA AND BURMA (THE EARL OF LISTOWEL)

My Lords, the first Amendment is to Clause 1, page 1, line 20. The object of the Amendment, which is one of substance, is to clarify the meaning of Clause 1. The new subsection makes it clear that penicillin and any other drugs covered by the Bill can be administered only by a properly qualified person. This should remove the doubt expressed by the noble Lord, Lord Marley, when the Bill was before your Lordships' House before, as to whether treatment might not be given by unqualified people even though the drug could only be purchased on the authority of a doctor or of a similarly qualified person. This, I think, removes that doubt and therefore makes the inter- pretation of the Bill considerably easier. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

LORD LLEWELLIN

My Lords, I rise with some feeling on this Bill, because for the last week I have been suffering myself from poisoning from penicillin and to a slight extent still am. I certainly agree with the Commons in this Amendment. The new words say exactly what is meant by "administering by way of treatment." I think it is well that these things should be quite clearly defined.

On Question, Motion agreed to.

COMMONS AMENDMENT.

Clause page 1, line 21, leave out ("The last foregoing subsection") and insert ("Subsection (1) of this section").

THE EARL OF LISTOWEL

My Lords, this is consequential on the preceding Amendment. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

On Question, Motion agreed to.

COMMONS AMENDMENT.

Clause 1, page 2, line 8, leave out ("unless it expressly so directs") and insert ("subject as hereinafter provided").

THE EARL OF LISTOWEL

My Lords, this is an Amendment of substance. I should like to explain this Amendment and the following Amendment at the same time, because they both cover the same point. The effect of these two Amendments is to lay down the exact circumstances in which a chemist will be entitled to make up a prescription more than once or three months after the date on which it was signed. It will, for example, prevent a chemist from acting on a vague direction such as "repeat," which might be extremely harmful to the patient and contrary to the intention of the doctor who signed the prescription. This will give the public exactly the same protection as has already been provided under existing legislation in the case of poisons. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

LORD LLEWELLIN

My Lords, if I may again be personal, my prescription did say "repeat once." I think it is quite right that we should have this thing defined as to exactly what the prescription should say.

On Question, Motion agreed to.

COMMONS AMENDMENT.

Clause 1, page 2, line 10, at end insert ("Provided that, if the prescription expressly directs that it may be dispensed on a specified number of occasions or at specified intervals in a specified period, it may be dispensed in accordance with that direction").

THE EARL OF LISTOWEL

My Lords, this is consequential. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

On Question, Motion agreed to.

COMMONS AMENDMENT.

Clause 2, page 2, line 16, at end insert ("and, where such regulations prescribe a substance produced by living organisms, the regulations may include any substance the chemical properties of which are identical with or similar to those of the substance so prescribed but which is not produced by living organisms")

THE EARL OF LISTOWEL

My Lords, the object of this Amendment, which is another Amendment of substance, is to bring within the scope of the Bill synthetic substances such as streptomycin, which have the same or similar properties as penicillin, which are produced by living organisms. A synthetic drug has exactly the same effect on the patient as a drug made from organic matter and the public will therefore require exactly the same measure of protection under the Bill. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

On Question, Motion agreed to.

COMMONS AMENDMENT.

Page 3, line 4, at end, insert the following clause—

Enforcement by Pharmaceutical Society.

("—The Pharmaceutical Society of Great Britain shall have power to enforce the provisions of this Act, and for that purpose may employ the inspectors appointed by them under Section twenty-five of the Pharmacy and Poisons Act, 1933, but nothing in this Section shall be construed as authorising the Society to institute proceedings in Scotland for any offence under this Act.")

THE EARL OF LISTOWEL

My Lords, this Amendment is to insert a new Clause to give the Pharmaceutical Society of Great Britain authority to enforce the Act. This duty will be similar to the duty they already exercise under two other Acts relating to poisons. The new clause also follows this model by not authorising the Society to start proceedings against alleged offenders in Scotland. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

LORD LLEWELLIN

I suppose the Procurator Fiscal institutes proceedings in Scotland? Do I understand that by giving the Pharmaceutical Society of Great Britain the power to enforce, it means that they are the only people who enforce the provisions in this Bill? Or does it just empower them to take action, or can anybody else take action? Who actually does this in Scotland?

THE EARL OF LISTOWEL

Of course, the Pharmaceutical Society is not the only authority in this country empowered to take proceedings. Proceedings could equally be instituted by a public authority, but it is convenient, as they have their inspectors, that they should be primarily responsible for this duty. Although I am not sufficient of a legal authority to be able to answer the noble Lord's question, I understand that his assumption with regard to Scotland is perfectly correct. In any event, proceedings can be instituted, although not by the Pharmaceutical Society.

LORD LLEWELLIN

Why does this society, if its writ does not run in Scotland, call itself the Pharmaceutical Society of Great Britain? Should it not be "of England and Wales"? Is the society making a false claim to this title, or do not Scotsmen recognize it as having any jurisdiction or any sort of writ running north of the Border?

THE EARL OF LISTOWEL

I understand that this title applies to England and Wales only.

On Question, Motion agreed to.

COMMONS AMENDMENT.

Clause 4. Page 3, leave out line 25.

THE EARL OF LISTOWEL

This is a consequential Amendment on the Amendment which the House has already accepted to Clause 1. I beg to move that the House do agree with the Commons in making the Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

On Question, Motion agreed to.

COMMONS AMENDMENT.

Clause 5. Page 3, line 41, at end add— ("(2) The Ministry of Home Affairs for Northern Ireland shall have power to enforce the provisions of this Act in Northern Ireland, and for that purpose may employ the inspector appointed by the Ministry under section eight of the Pharmacy and Poisons Act (Northern Ireland), 1925.")

THE EARL OF LISTOWEL

The last Amendment is to Clause 5, page 3, line 41. The Amendment gives responsibility for enforcement in Northern Ireland, where again the Pharmaceutical Society does not function, to the Ministry Of Home Affairs for Northern Ireland. I beg to move that this House doth agree with the Commons in this Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Listowel.)

On Question, Motion agreed to.