Lunacy (Vacating of Seats) Act 1886
Encyclopedia
The Lunacy Act 1886 (49 Vict.c.16) was an Act of the Parliament of the United Kingdom
. It provided a mechanism for a Member of Parliament
who was judged to be of unsound mind
to be removed from his seat.
the MP for Thirsk
who in July 1849 was found to be insane by a commission of enquiry. It was then discovered that there was no way of depriving him of his seat and he remained a Member until his death in 1851.
In January 1886 Charles Cameron
(later Sir Charles), known in the House of Commons as Dr Cameron, introduced the Lunacy (Vacating of Seats) Bill to deal with the problem. His determination was such that despite being a private members bill it went through all its Parliamentary stages with little opposition, in less than five months and received its Royal Assent
on 10 May 1886, hence becoming the Lunacy (Vacating of Seats) Act 1886.
It states what should happen if any member of the House of Commons should be committed to a lunatic asylum
:
All those involved with the committal must send a report to the Speaker of the House of Commons
or face a fine.
The Speaker should send the reports to the Commissioners in Lunacy
and that two of them should visit the member and report to the Speaker. If the report is that he is of unsound mind then after six months the Speaker should request a further visit. If this second visit shows that the member is still of unsound mind then the reports are placed on the table in the House of Commons and at that point the seat of the member is declared vacant, and a byelection is called for his replacement.
the MP for Colne Valley
was declared of unsound mind and relieved of his seat.
.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It provided a mechanism for a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
who was judged to be of unsound mind
Sanity
Sanity refers to the soundness, rationality and healthiness of the human mind, as opposed to insanity. A person is sane if they are rational...
to be removed from his seat.
Background
There had been a number of cases of Members of Parliament who were felt, in the language of the time, to be lunatics. The most celebrated of these was John BellJohn Bell (British politician)
John Bell was a Liberal Party politician in the United Kingdom. He is notable as a Member of Parliament who was declared of unsound mind but there was no way of removing him from his seat until his death two years later....
the MP for Thirsk
Thirsk (UK Parliament constituency)
Thirsk was a parliamentary borough in Yorkshire, represented in the English and later British House of Commons in 1295, and again from 1547. It was represented by two Members of Parliament until 1832, and by one member from 1832 to 1885, when the constituency was abolished and absorbed into the new...
who in July 1849 was found to be insane by a commission of enquiry. It was then discovered that there was no way of depriving him of his seat and he remained a Member until his death in 1851.
In January 1886 Charles Cameron
Sir Charles Cameron, 1st Baronet
Sir Charles Cameron, 1st Baronet was a Scottish doctor, newspaper editor and an advanced Liberal politician....
(later Sir Charles), known in the House of Commons as Dr Cameron, introduced the Lunacy (Vacating of Seats) Bill to deal with the problem. His determination was such that despite being a private members bill it went through all its Parliamentary stages with little opposition, in less than five months and received its Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 10 May 1886, hence becoming the Lunacy (Vacating of Seats) Act 1886.
The Act
The Act was very short, barely more than a page long; and containing only three paragraphs.It states what should happen if any member of the House of Commons should be committed to a lunatic asylum
Psychiatric hospital
Psychiatric hospitals, also known as mental hospitals, are hospitals specializing in the treatment of serious mental disorders. Psychiatric hospitals vary widely in their size and grading. Some hospitals may specialise only in short-term or outpatient therapy for low-risk patients...
:
All those involved with the committal must send a report to the Speaker of the House of Commons
Speaker of the British House of Commons
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...
or face a fine.
The Speaker should send the reports to the Commissioners in Lunacy
Commissioners in Lunacy
The Commissioners in Lunacy or Lunacy Commission were a UK public body established by the Lunacy Act 1845 to oversee asylums and the welfare of mentally ill people. It succeeded the Metropolitan Commissioners in Lunacy.-Establishment:...
and that two of them should visit the member and report to the Speaker. If the report is that he is of unsound mind then after six months the Speaker should request a further visit. If this second visit shows that the member is still of unsound mind then the reports are placed on the table in the House of Commons and at that point the seat of the member is declared vacant, and a byelection is called for his replacement.
Consequences
In practice there was a reluctance to call on the Act and it was only used once in the rather special circumstances of the First World War. An election was overdue and during the hostilities it was impossible to hold one. In August 1916, in these circumstances, Charles LeachCharles Leach
Rev. Charles Leach was a Congregationalist Minister and Liberal Party politician in the United Kingdom. He is notable as the only Member of Parliament to be deprived of his seat after being declared of unsound mind....
the MP for Colne Valley
Colne Valley (UK Parliament constituency)
Colne Valley is a county constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election. In the post-war period the seat had the distinction of being one of the few Labour/Liberal marginals,...
was declared of unsound mind and relieved of his seat.
Repeal
The Lunacy (Vacating of Seats) Act 1886 was repealed and replaced by the Mental Health Act 1959; the Mental Health Act 1959 was itself repealed and replaced by the Mental Health Act 1983Mental Health Act 1983
The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
.