HC Deb 15 May 1888 vol 326 cc310-2
MR. T. M. HEALY (Longford, N.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether unpaid magistrates are in all cases prohibited, under pain of dismissal (as in the case of Mr. James Byrne, of Wallstown Castle), from adjudicating in their counties, except in their own Petty Sessions district; whether paid magistrates adjudicate in whatever Petty Sessions district they are ordered to sit in within their counties; are several paid magistrates appointed for more than one county; if so, why does not the Under Secretary's Return, No. 89, 15th March, 1888, show this, and why does it only give one district as that in which stipendiaries adjudicate; would the Government consider the propriety of ordering their paid magistrates, at least, not to sit in Licensing Sessions outside their own districts, as shown by this Return, so that local opinion may not be out-voted by the action of strangers from distant places; and, will a correct Return be presented, showing the actual districts in which the gentlemen in question operate?

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

The hon. and learned Member on the 13th of March asked a somewhat similar Question, and was answered by my hon. and learned Friend the Solicitor General for Ireland to the effect that the case of Mr. Byrne was not at all analogous to that of a Resident Magistrate, who was paid to devote his whole time to the Public Service, and who was not appointed with reference to a Petty Sessions district; but was bound to attend all Sessions in his jurisdiction, as far as time permits. Resident Magistrates are qualified to adjudicate at any Petty Sessions within their counties. As a matter of practice, however, they only adjudicate in the Petty Sessions assigned to their charge, except where they act also as locum tenens for another Resident Magistrate on leave of absence, or on the constitution of a special Court under the Crimes Act, or other exceptional circumstance. Resident Magistrates selected under Section 11 of the Criminal Law and Procedure (Ireland) Act are necessarily appointed to act in more than one county. The Return referred to, which is in part a continuation of the Return ordered by the House on the Motion of the late Member for the St. Stephen's Green Division of Dublin (Mr. Dwyer Gray), states the Resident Magistrates' head-quarters, and not the extent of their jurisdiction. I do not see that any public advantage would be gained in giving the directions suggested, or presenting a further Return.

MR. T. M. HEALY

said, in consequence of the right hon. Gentleman's declining to supply a Return showing exactly where the Resident Magistrates were to act, he begged to give Notice that when the Public Houses (Ireland) (Saturday Closing) Bill came before the House he should move that the licensing powers of the Resident Magistrates be strictly confined to the districts for which they were appointed. He asked was it not possible to show exactly the Petty Sessions districts for which Resident Magistrates were appointed?

MR. A. J. BALFOUR

said, he had already explained that the Resident Magistrates did not go out of their own districts unless when they got special orders. He did not think there was any objection to giving the Return asked for; but he could not see that it would be any great gain.

DR. TANNER (Cork Co., Mid)

asked whether, in consequence of the systematic absence of the Stipendiary Magistrates supposed to be sitting in Cork, considerable inconvenience had not been caused at the Petty Sessions Court?

MR. FLYNN (Cork, N.)

asked, whether the Chief Secretary was aware that one of the Resident Magistrates for Cork adjudicated in every one of the six counties of Munster?

[No reply.]