HC Deb 11 June 1888 vol 326 cc1712-3
MR. CONYBEARE (Cornwall, Camborne)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he has read the Judgments delivered in the Queen's Bench Division in the case of Mrs. Davies, as reported in The Times of the 6th instant, lately imprisoned for contempt of Court, in the course of which Mr. Justice Mathew said— It is not deemed right for a Judge in a Criminal Court, compelled to sentence a prisoner, to direct that his imprisonment shall continue until some condition is complied with, and the prisoner is entitled, when he has undergone his punishment, to unconditional release. Further, we have the assistance of the opinion of the Legislature against indefinite imprisonment for contempt, an opinion expressed in Acts of Parliament, and Rules of Court made with Parliamentary sanction; whether there are at present imprisoned in Irish gaols for indefinite terms five prisoners for contempt of Court—namely, Cornelius Brien, James Quigley, Thomas Moroney, Nicholas Grace, and Mary Brien; whether he is aware that, in the case of a prisoner named Thomas Moroney, his mind is giving way; and that in another case, that of Mary Brien, the prisoner is reported "aged and infirm;" and, whether, inasmuch as three out of the said five prisoners have already been imprisoned for more than 12 months (the term to which by "The Debtor's Act, 1869," "even in a case of grievous delinquency the imprisonment is restricted"), he will consider the propriety of advising Her Majesty to exercise her Prerogative of Mercy, and direct the release of these prisoners?

THE CHIEF SECRETARY (Mr. A. J. BALFOUR) (Manchester, E.)

My attention has been called by the Question to the observations of the learned Judge. Without going into the facts of the case referred to, I may observe that there appears to be nothing in those observations inconsistent with the principles laid down by the Court in the Judgment delivered by Lord Chief Justice Coleridge, from which I quoted in reply to a previous Question of the hon. Member. I have already answered the remaining paragraphs of the Question.

MR. CONYBEARE

What I want to know is, why equal justice should not be applied to prisoners for contempt in Ireland and in England?

MR. A. J. BALFOUR

I understand the same principles are applied.

MR. CONYBEARE

Seeing that the Legislature has pronounced against indefinite imprisonment for contempt, why should not the benefit of it be given to these five prisoners in Ireland?

MR. A. J. BALFOUR

I understand the action of the Irish Courts is in exact conformity with the principles laid down by Lord Chief Justice Coleridge in this very case.