HC Deb 16 April 1918 vol 105 cc236-8W
Sir W. DICKINSON

asked the Under-Secretary of State for War whether the Army Council advised His Majesty in Council to make the recent Regulation 40 d, under the Defence of the Realm Act, by which a woman is made guilty of an offence who, when suffering from venereal disease, shall have sexual intercourse with any member of His Majesty's Forces or shall solicit or invite any such member to have such intercourse; what evidence the Army Council had whereon they based their recommendation; and whether, seeing that it is equally important to protect women from infection conveyed by soldiers and sailors suffering from venereal disease, the Army Council will recommend the passing of a similar Regulation to make it an offence for a member of His Majesty's Forces so suffering to have or solicit sexual intercourse with any woman?

Mr. MACPHERSON

As regards the first part of the question, I would refer my right hon. Friend to the answer which was given on this subject last Thursday by my right hon. Friend the Home Secretary to my hon. Friends the Members for North Somerset and Northampton. As regards the last part, the Army Council were desirous of applying the Regulation to the whole male population, but were advised that such a measure could not be held to beintra vires the Defence of the Realm Regulations. In the case of a soldier it is an offence punishable with two years' imprisonment with hard labour for a soldier suffering from venereal disease to conceal it. Any woman who has been infected has only to communicate with his commanding officer, when the soldier would be immediately inspected, and if found to be suffering from the disease would be dealt with by court-martial.

Sir W. DICKINSON

asked the Undersecretary of State for War whether, under Regulation 40D, under the Defence of the Realm Act, by which it is made an offence for a woman suffering from venereal disease to solicit or have sexual intercourse with a member of His Majesty's Forces, a woman charged with this offence can be medically examined against her will; and, if so, whether it is intended that women so charged shall be so examined?

Mr. MACPHERSON

The answer is in the negative.

Sir W. DICKINSON

asked the Home Secretary whether he is aware of the new Regulation 40 d, under the Defence of the Realm Act, whereby a woman suffering from venereal disease is rendered punishable for soliciting or having sexual intercourse with a member of His Majesty's Forces; whether he was consulted as to this Regulation before it was submitted to His Majesty in Council; whether when a Committee of this House dealt with the subject of venereal disease, when considering the Criminal Law Amendment Bill, 1917, and decided that an offence of this character should be equally punishable if committed by persons of either sex, that Committee decided also against subjecting a woman so charged to a compulsory medical examination; whether, under the circumstances, he will consider the desirability of this question being settled by legislation in this House rather than by Order in Council; and whether he will accordingly reintroduce the Criminal Law Amendment Bill at am early date?

Mr. BRACE

I would refer my right hon. Friend to the reply which was given by the Home Secretary on Thursday last to questions by the hon. Member for North Somerset and the junior Member for Northampton.