HC Deb 23 March 1887 vol 312 cc1221-2
MR. CHANCE (Kilkenny, S.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, What steps have been taken to obtain a legal opinion upon the alleged informality in the warrant, issued by Mr. Coroner Rice, to commit Constable Bulmer to gaol for contempt of Court; whether District Inspector Smith, immediately he received the said warrant from the Coroner, put it into his pocket and informed the Coroner that he would produce Constable Bulmer when necessary; whether District Inspector Smith on that occasion made any allegation that the warrant was illegal; when was such allegation made to Mr. Coroner Rice; and, what is the alleged illegality?

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

(who replied) said, after yesterday evening's Questions, he received a Report in reference to this matter, in reply to a message sent by the Government immediately their attention was called to it. The Report showed that the District Inspector——

MR. CHANCE

Who sent the Report?

MR. HOLMES

The District Inspector sent the Report. It appears that on receiving the warrant and on perusal of it he was of opinion that it was illegal. He spoke to a solicitor on the subject, and he was advised that the warrant was illegal. He determined to call the attention of the Coroner to an informality in the warrant. He did so on the first opportunity. The Coroner saw that it was illegal, and I need hardly say if he had executed it he would have had no protection. The now warrant has been executed.

MR. CHANCE

When was it executed?

MR. HOLMES

The new warrant was executed immediately after the Coroner gave the order, and when the Report was sent by telegraph the police-man was in custody. I see by this morning's papers that he was released at night.

MR. BRADLAUGH (Northampton)

wanted to know whether the law in Ire-land was different to what it was in England, where no objections were entertained as to the execution of criminal warrants?

MR. HOLMES

The law of England and Ireland is the same; but I may toll the hon. Member that if a warrant is illegal in form, it affords no protection to the officers who execute it or the Judges who issue it, should the matter come before the Judges of a Superior Court.