HC Deb 28 April 1882 vol 268 cc1658-63
MR. HEALY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is the fact that Mr. John McNamara has applied for his release on parole from Limerick Prison for the purpose of collecting his debts without getting any reply; and, whether three other men arrested from the same district (Tulla, county Clare) and on a similar charge have been released unconditionally?

MR. W. E. FORSTER,

in reply, said, that Mr. John M'Namara had already been released by order of the Executive.

MR. JUSTIN M'CARTHY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been lately called to the case of Mr. John M'Carthy, of Longford County, detained until recently as a suspect in Armagh Gaol, and now removed to Kilmainham; whether Mr. M'Carthy is now in bad health, and under medical care; and, whether, under these circumstances, he will advise the release of Mr. M'Carthy from prison?

MR. W. E. FORSTER,

in reply, said, that on the 26th instant the medical officer at Kilmainham had examined Mr. John M'Carthy, and certified that although he was suffering from irregular action of the heart, his life was not in danger, nor was it likely to become so by further imprisonment.

MR. REDMOND

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he can see his way to order the rules respecting visits to suspects to be reasonably modified in the case of wives visiting their husbands; whether it is necessary for the safe custody of such prisoners that visits from their wives should take place in the ordinary visiting cell in which the pri- soner and his visitor are locked in separate cages some feet apart; and, whether the time might not safely be extended beyond fifteen minutes?

MR. W. E. FORSTER

I am obliged to say that it is a fact, Sir, that on several occasions persons detained under the Protection Act have taken advantage of visits to send out of the gaols what we consider improper communications to the Press and otherwise. Therefore, we have been obliged to enforce much more strictness than we otherwise would have wished. The duration of a visit will always be extended on proper representations being made to the Governor.

MR. REDMOND

The right hon. Gentleman has scarcely answered my Question, which was with reference to the visits of wives to their husbands.

MR. W. E. FORSTER

I should be very sorry in any way to interfere with communications between wives and their husbands who are in prison under this Act; but we are obliged to carry out the prison rules.

MR. HEALY

May I ask the right hon. Gentleman whether he could not put parties on their parole not to pass out anything improperly?

[No reply.]

MR. SEXTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Mr. C. J. O'Sullivan, Poor Law Guardian of Malestreet, county Cork, was arrested on the 17th of December last, under the Coercion Act, on a charge of intimidation, and continues still in custody on suspicion of that offence; whether, in the month of August preceding his arrest, Mr. O'Sullivan was asked by the local sub-inspector of constabulary if he had paid his rent, and whether again, at 10.30 p.m. on the night of 26th November, the same official called him up out of bed and asked him the same question; whether his arrest, three weeks after the second of these visits, had any connection with the inquiries as to his rent made by the sub-inspector; whether, on the 20th of February last, Mr. O'Sullivan applied for a parole of a week or ten days to attend an arbitration between his landlord and himself as to the acreage and boundary of his farm (involving a difference of£210), whether the ground of the application was verified by a letter inclosed from the Rev. A. O'Reordan, C.C. of Mr. O'Sullivan's parish, and whether this, and a second application, further verified and supported by the Rev. Mr. O'Reordan, were refused, although Mr. O'Reordan testified that Mr. O'Sullivan's presence was "absolutely indispensable for the settlement of his case;" whether Mr. O'Sullivan's health, which was good at the time of his arrest, had since so far declined, through prison life, and been injured by ill-treatment on the part of the prison doctor at Clonmel, that he is affected with hip disease, and cannot walk without the help of a stick; and, whether the Executive mean to keep Mr. O'Sullivan in custody any longer?

MR. W. E. FORSTER

I have not heard that; but I know he was suffering from sciatica, and has been transferred from Clonmel to Kilmainham for change of air. I will make further inquiry as to the state of his health. Mr. O'Sullivan was arrested on the 17th December last on the charge of being suspected of having incited persons not to pay rent. The Sub-Inspector of Constabulary informs me he has no recollection of having ever asked Mr. O'Sullivan if he had paid his rent, the fact being notorious throughout the district that he had not paid it. It was stated that he had not paid any for three years. The visit to Mr. O'Sullivan's house on the night of the 26th November had no connection with the subject of rent, and Mr. O'Sullivan's arrest had no connection with his not having paid his rent. He had applied on the 20th of February last for a parole of a week or 10 days to attend an arbitration between his landlord and himself regarding his farm. Inquiry was made on the subject, and it was found on application to the landlord that no arbitration was taken. Subsequently an inquiry was received from a priest—Rev. A. O'Reardon—and the Sub-Inspector was directed to see the rev. gentleman on the subject, and also the landlord. The Sub-Inspector arranged to see the Rev. Mr. O'Reardon on the 29th February; but the rev. gentleman was not able to come forward to keep his appointment. The Sub-Inspector wrote arranging for an interview later on, but received no reply from the rev. gentleman.

MR. SEXTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that Mr. John Kavanagh, now detained in Kilmainham Prison under the Coercion Act, has been nearly a year in custody, and that two other persons arrested in the same district, on the same day and upon the same charge, were liberated nearly seven months ago; whether any grave cause existed for this disparity of treatment; and, whether the Executive will now order the release of Mr. Kavanagh?

MR. W. E. FORSTER,

in reply, said, the arrest in this case was made on May 11, 1881, on reasonable suspicion of shooting at with intent to murder, and he could not order Mr. Kavanagh's release at present without serious danger.

MR. HEALY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether a period of six months' detention in the case of Messrs. Gregory and Murphy, and John Byrne of Wexford, confined in Kilmainham Gaol, expired on the 22nd instant; whether Mr. O'Dempsey, who was arrested on the same charge, from the same neighbourhood, has since been released; and, whether he can advise the release of the other two prisoners?

MR. W. E. FORSTER,

in reply, said, these cases had been considered, and he would order the release of both these persons.

MR. HEALY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Mr. Bernard McHugh, arrested under the Coercion Act fourteen months ago on suspicion of intimidating certain persons to compel to give up their farms, is still confined in Kilmainham Gaol; whether he is aware that it is alleged on the prisoner's behalf that there was no such intimidation in his neighbourhood at the time, and that his arrest is attributable to police persecution; whether Mr. McHugh is the same person who was arrested and kept in solitary confinement for a year and a half on the information of an informer named Clarke, whose evidence was discredited by the jury who acquitted McHugh; whether the fact of the first charge having been made against him has anything to do with his continued incarceration; and, if he will state how many prisoners are now confined under the Coercion Act for as long a time as Mr. McHugh?

MR. W. E. FORSTER,

in reply, said, Mr, M'Hugh was arrested on the 10th March. He was not in Kilmainham now, but in another prison. He was not aware of the allegation mentioned in the second paragraph of the Question; but he had certainly seen a letter of Mr. M'Hugh's, written from Kilmainham, advising in strong terms the non-payment of rent. M'Hugh was formerly arrested in connection with the murder of Mr. Young, the magistrate; but, being acquitted, that had nothing to do with his present incarceration. Two other persons also arrested on the 10th March in the same locality were still in prison, and he could not release him.

MR. HEALY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is the fact that Miss O'Connor, Miss M'Cormack, Miss Reynolds, Miss Kirk, Mrs. Moore, Father Feehan, Captain Dugmore, Mr. Abraham, and others, detained under the statute of Edward the Third, are kept in solitary confinement for twenty-two hours out of the twenty-four, and are deprived of the rights of association and other privileges allowed to suspects; and, whether he will take steps, in the case of prisoners detained in future under the law of Edward the Third, to put them on the same footing as prisoners arrested under the Coercion Act; and, if he cannot do this, whether he will order their discharge and detain them under the Coercion Act for the period of their sentences?

MR. W. E. FORSTER

Sir, the prisoners named must be dealt with according to the prison rules applying to persons who have been committed, in default of finding bail. That is a matter over which the Chief Secretary has no control. ["Oh, oh!"] Parliament framed the rules, and I see no reason for altering them. I can only state in addition, that on giving bail those prisoners will all be released.

MR. HEALY

Are we to understand it is a fact that these prisoners—ladies, a priest, and Captain Dugmore—are kept 22 hours in solitary confinement out of every 24, because they refused to give bail under this obsolete Statute?

MR. W. E. FORSTER

There are certain rules to be complied with which will require to be altered by the sanction of Parliament if they are to be changed. They were adopted, by this House after considerable discussion, and I cannot alter them. The gentlemen and ladies in whom the hon. Member is interested can at once obtain their release by producing bail.

MR. HEALY

I beg to give Notice that I shall move, on an early day, that in the opinion of this House it is not contemplated that 22 hours' solitary confinement should be inflicted out of every 24.

MR. O'DONNELL

I beg to ask the right hon. Gentleman on this subject, If he is aware that these ladies and gentlemen who are kept in prison in default of finding bail only refuse because they considered that finding bail would be an admission of their guilt, they denying that they had committed any offence? ["Order!"]

MR. SPEAKER

The hon. Member has not put a Question.

MR. O'DONNELL

I assure you that it was an exact Question.

[No reply.]