HC Deb 21 March 1887 vol 312 cc854-6
MR. CHANCE (Kilkenny, S.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether Constable Bulmer, of the Royal Irish Constabulary, was committed to gaol by Mr. Coroner Rice on Wednesday last, for refusing to answer questions tending to discover the person who bayonetted Patrick Hanlon, of Youghal; whether District Inspector Smith, to whom the Coroner handed the warrant for execu- tion, has executed, or made any attempt to execute, the same; and, what stops the Government intend to take to insure the execution of the Coroner's warrant?

THE ATTORNEY GENERAL FOR IRELAND (Mr. HOLMES) (Dublin University)

(who replied) said: I am informed that a warrant was issued by the Coroner for the committal of Constable Bulmer for refusing to answer a question which the constable, by the advice of his solicitor, declined to answer, on the ground that it might tend to criminate himself—he and his comrades having been previously charged by counsel for next-of-kin with wilful murder. As the warrant was considered by the District Inspector to be illegal in point of form, and as he would in such case have no protection if he executed it, he had held it over until he was advised as to its legality; but he undertook to produce Constable Bulmer if, and when, required in the meantime.

MR. CHANCE

What is the doubt about the warrant?

MR. HOLMES

I have given the reply I have received.

MR. CHANCE

Will the right hon. and learned Gentleman answer the second part of the Question—namely, whether District Inspector Smith, to whom the Coroner handed the warrant for execution, has executed, or made any attempt to execute, the same?

MR. HOLMES

I have already answered that part of the Question. I have stated the District Inspector was in doubt as to the legality of the warrant.

MR. CONYBEARE (Cornwall, Camborne)

I wish to ask the right hon. and learned Gentleman, whether it is competent for an Inspector of Police to decide for himself as to the legality or illegality of a warrant issued by the Coroner?

MR. HOLMES

I have already stated that it is not competent; but, inasmuch as a Coroner's or a Magistrate's warrant is no protection to the person directed to execute it, the District Inspector has a right to be advised upon it.

MR. CHANCE

Will the right hon. and learned Gentleman tell what steps have been taken to see whether the warrant was illegal or not?

MR. HOLMES

The hon. Gentleman must be aware that the only answer I can give is the information I have received from those in the locality; but, of course, if the District Inspector's advice is that the warrant is legal, the warrant will be executed in the ordinary way.

SIR WILLIAM HARCOURT (Derby)

I wish to ask the right hon. and learned Gentleman, with reference to the question of the execution of the warrant of the Coroner at Youghal, when the warrant of the Coroner was issued? I am informed that it was issued last Wednesday. he can tell us, probably, whether that is correct; and how long the suspension of the execution of the warrant will be allowed to continue before the question is decided?

MR. HOLMES

said, that the right hon. Gentleman was probably aware that he, in his capacity as Attorney General, had nothing whatever to do with this matter, and he had no information as regarded the date. The answer he had given was simply to the effect that the execution was suspended for a reasonable time, an undertaking being given that the man would be produced in the meantime, if required.