HC Deb 08 May 1888 vol 325 cc1616-7
MR. J. E. ELLIS (Nottingham, Rushcliffe)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he will now communicate to the House what are the "certain principles" guiding the allocation of Resident Magistrates in trying cases under "The Criminal Law and Procedure (Ireland) Act, 1887?"

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

As far as possible Resident Magistrates are not sent out of their division to serve on Crimes Act Courts. As far as possible no Resident Magistrate is required to sit on a Crimes Court in his own district. Resident Magistrates are not asked to serve in a judicial capacity in cases where they have acted in an executive capacity.

MR. EDWARD HARRINGTON (Kerry, W.)

Might I ask the right hon. Gentleman, how it was that two Resident Magistrates were recently sent 50 or 60 miles to try a case under the Crimes Act; but when they got there it was found that neither possessed the legal knowledge of which the Lord Lieutenant would be satisfied?

MR. A. J. BALFOUR

The arrangements for sending Resident Magistrates are made by the Divisional Magistrate for the Division. Of course, when such a case occurs as that quoted by the hon. Gentleman, it shows that there must be some error in the constitution of the Court.

MR. FLYNN (Cork, N.)

Cannot the right hon. Gentleman, in view of the fact that Resident Magistrates have to try cases in various parts of the country, suggest that there should be some change in their designation?

MR. A. J. BALFOUR

There does not appear to me to be anything in the name. As the hon, Member is aware, a Crimes Act Court must consist of two Resident Magistrates, and one of those obviously must serve out of his own district.

MR. FLYNN

What I asked the right hon. Gentleman is, whether he cannot, by any means, alter the designation of these Resident Magistrates, in view of the fact that they adjudicate in every part of the country?

MR. A. J. BALFOUR

There does not appear to be anything in the name.