DEBATES ON PIIABMACY BILL. 
69 
Mr. Lowe next proposed the following clause:—“ It shall he the duty of every person 
who sells, retails, dispenses, or compounds drugs, to use by himself and his assistants all 
practicable care and precautions for preventing the commission of mistakes in such 
business, and not to allow any unskilled person to take part in such business in the sell¬ 
ing, retailing, dispensing, or compounding of poisons.” 
The object of the clause is to prevent those gross mistakes which too frequently arise 
from gross negligence. 
Mr. W. E. Forster: I hope the Committee will accept the clause. Its object is to 
prevent a repetition of what is now notoriously known as the Bradford Poisoning Case, 
where eight or nine were killed, and about one hundred others injured. 
Mr. Sergeant Gaselee : I don’t think the right honourable gentleman (Mr. Lowe) 
is aware of what he is proposing. Gross negligence is considered a felony in law. It 
would be better, if such a clause is to be inserted in the Bill, to declare that it shall be 
a misdemeanour, otherwise it would defeat the object of the Bill. 
Mr. Hardy: I think there will be great difficulty in legally interpreting this clause. 
Without the negligence has caused some kind of damage the clause is inoperative. 1 
take it the right honourable gentleman means that, in cases where injury arises from 
neglect of duty, the person so acting shall be responsible for his act criminally or civilly, 
but that is not expressed in the clause. 
The Solicitor-General : The question of gross negligence is well known to the 
law, and judges have no difficulty in directing a jury upon the point. A man 
would not be a bit more criminally liable for gross negligence under this clause than he 
is by the present law. I really think it would be better not to press the clause. 
Mr. Lowe : I will withdraw the clause, but I hope the Government will take the 
matter into their consideration, and frame a clause to meet the difficulty, anl bring it 
up on the report. 
Mr. Russell Gurney; Something of the kind is wanting. It ought not to depend 
on mischief arising from neglect. 
Lord Elcho: This Bill has reference only to poisons, but this is something beyond 
its scope. 
Mr. Lowe : I can be poisoned as well by having wrong medicine given me as by 
taking actual medicine. 
Mr. Hardy : The difficulty is how you are going to prove what is the particular care 
and caution a man should use. It is a very difficult subject to take up, and settle in a 
Bill of this kind. 
The amendment was withdrawn. 
The Attorney-General for Ireland : I beg to move a clause that the Act shall 
not apply to Ireland. 
Agreed to. 
On Schedule A. 
Lord Elciio : I have to propose the adoption of this schedule. I have taken up 
this Bill on the distinct understanding that there shall be a difference made in the sale 
of poisons for ordinary household purposes, and subtle poisons used in medicines, and 
without that distinction I understand the Bill will break down. 
Mr. Lowe : I am at a loss to know what my noble friend means by subtle poisons. 
Lord Elciio : I stand on the principle that it is necessary to draw this distinction. 
The lists have been given to me by those who understand the trade. 
Lord Robert Montagu : I think it will be better to make the alteration upon the 
bringing up of the report. 
Mr. Knatchbull-Hugessen : I think such stringent restrictions will defeat the Bill. 
Mr. Bruce: I admit the noble lord’s principle, but I cannot see how we can diaw 
the distinction in this Bill. We have been passing stringent regulations for preventing- 
medicinal poisons from being used for causing death, but if we surround a certain num¬ 
ber with restrictions and leave others open, the consequence will be that persons will 
poison themselves with those that are left open. It seems important to surround the 
sale of all poisons with some safeguards. 
Mr. T. Cave : You are going to leave out some of those poisons which it is of the 
greatest importance to keep in; there should be the greatest difficulty in obtaining 
subtle poisons for instance. Any one who resides in the country knows well enough 
the popular belief with regard to cantharides, and the vile purposes for which it is fre- 
