HC Deb 28 July 1922 vol 157 cc831-2W
Mr. R. RICHARDSON

asked the Minister of Pensions by what authority his Department intervenes to render nugatory the provisions of the Lunacy Act, 1890, re the discharge of an ex-service man who is a private patient, by threatening his petitioner with loss of dependants' allowance, in the event of his wife, as next of kin, exercising her right to direct his discharge, if not dangerous and unfit to be at large; and will he take steps to see that no differentiation is made in this matter between the rights of an ex-service man and a rich patient?

Mr. MACPHERSON

I assume that the hon. Member has in mind the position when a relative insists on the discharge of a service patient against the advice of the medical superintendent of the asylum. In such circumstances the relative is informed that should application be made for re-admission of the patient to the asylum (which experience shows usually happens very shortly), the question of re-classifying the man as a service patient, and so entitling him to all the privileges of classification, must be considered afresh. This is a reasonable procedure which is exercised with the greatest discretion and solely in the interests of the patient's treatment and prospects of recovery, and in no way conflicts with the provisions of the Lunacy Act referred to.

Mr. RICHARDSON

asked the Minister of Pensions if he is aware that the Regulation which places ex-service men in asylums on the legal footing of private patients removes them from the province of the visiting committees of pauper asylums whose power is limited by the Lunacy Act to dealing with paupers, and that Sections 72–74 of the said Act confer upon the next of kin of a private patient the power to direct his discharge subject only to the embargo of the medical superintendent, in the event of the latter being able to give distinct proof in writing that the patient is dangerous and unfit to be at large; and, since this is the acknowledged legal position of an ex-service patient, will he say on what grounds the question of his discharge is referred to the visiting committee of the public asylum in which the ex-service man is confined?

Mr. MACPHERSON

The answer to the first part of the question is in the negative. The arrangement by which Service patients are placed on the legal footing of private patients does not remove the visitors' powers of discharge, but it does confer additional powers of discharge by which the responsible relative of a Service patient may direct his discharge, unless the medical superintendent puts in a "Barring Certificate" under Section 74 of the Lunacy Act.