HC Deb 12 August 1889 vol 339 cc1027-9
COLONEL NOLAN (Galway, N.)

I beg to ask the First Lord of the Treasury if his attention has been drawn to a Report in the Times of Thursday, which alleges that in speaking of the case of Dr. Tanner, M.P., the Lord Chief Baron of Ireland declared, "I think if I were held for good behaviour there is nothing in the world would induce me to give the sureties;" if, after this pronouncement from so eminent a judicial authority, Her Majesty's Government will take into consideration the propriety of now releasing from prison a Member of Parliament who has already been confined there many days; if his attention has been drawn to the Report of the Judgment of the Lord Chief Baron in the Irish Times, in which the Lord Chief Baron is reported to have said— He (the Chief Baron) certainly thought that before being committed for contempt, a person should have the opportunity of being heard; and also if his attention has been drawn to that portion of the Judgment where the Chief Baron, while upholding the decision of the Magistrates in points of Law, "regretted that such was the Law;" and if the Government will advise that effect will be given to this opinion from the Bench by remitting the remainder of Dr. Tanner's period of imprisonment?

MR. A. J. BALFOUR

As regards the first paragraph I understand that the Chief Baron made the observations during the earlier portion of the argument of the counsel for the Crown, and that he was understood to mean that he would not give sureties except under a jurisdiction warranted by law. At the conclusion of the argument, the Court unanimously held that the jurisdiction in the case of the Member for Mid Cork was clearly warranted by law. As regards committal for contempt no apprehension need be entertained that any person before committal will be deprived of opportunity for explanation and apology unless it is obvious that such opportunity would only be used for the repetition of insult or disorder.

MR. SEXTON (Belfast, W.)

May I ask whether the Lord Chief Baron did not describe the jurisdiction as antique—one that had hardly ever before been exercised?

MR. A. J. BALFOUR

I do not recollect the observation which the right hon. Gentleman attributes to Baron Dowse.

MR. SEXTON

Not to Baron Dowse, but to the Lord Chief Baron.

MR. A. J. BALFOUR

I believe that the Lord Chief Baron did make the observation that this jurisdiction had not been recently exercised; but I believe he also pointed out that the circumstances under which they had taken place had never before occurred. Therefore, the argument is a two-edged one.

MR. SEXTON

Considering that the cases of Dr. Tanner and Mr. Conybeare and the action of Colonel Turner are involved, will the right hon. Gentleman take care that the Vote upon which the question can be raised shall be taken at an early hour?

COLONEL NOLAN

I wish to know whether the Report from which the language of the Chief Baron is taken is accurate or otherwise; and, also, whether it is intended to release Dr. Tanner?

MR. A. J. BALFOUR

The hon. and gallant Gentleman will see that the advice the Lord Lieutenant may tender to the Crown on the subject of Dr. Tanner's release, does not rest with me (Mr. Balfour) nor with the House. As far as I am aware, it is not intended by the Lord Lieutenant to make a special representation to Dr. Tanner; but under the circumstances, Dr. Tanner will be treated, under the rules applicable to untried prisoners, as a first-class misdemeanant.

MR. T. M. HEALY

Is it not a matter of fact Dr. Tanner is not now being treated as a first-class misdemeanant?

MR. A. J. BALFOUR

I understand that the prison rules are rather more favourable to untried prisoners than to first-class misdemeanants.

COLONEL NOLAN

I want to know whether the report of the Times which I have quoted is correct or incorrect?

MR. A. J. BALFOUR

I am not in a position to say whether the report is accurate or inaccurate. The answer I have given was given from the best information I could obtain.

COLONEL NOLAN

Did it come from the Lord Chief Baron?

MR. A. J. BALFOUR

No; it did not.

MR. PARNELL (Cork)

I wish to ask whether Mr. Powell, the other bail prisoner who is in gaol under somewhat similar circumstances for refusing to give bail for good behaviour, will also be treated as an untried prisoner?

MR. A. J. BALFOUR

I have no information as to Mr. Powell, but I will be glad to answer the question if notice is given. The information I have given as to Dr. Tanner is what I have just received by telegram from the Prisons Board, who are acting under their discretion in the matter.

MR. A. O'CONNOR (Donegal, E.)

May I ask whether, in the case of Dr. Tanner, now under sentence for contempt, inflicted by a Court which affects to exercise a jurisdiction which it does not possess, the prisoner will be released?

MR. A. J. BALFOUR

I cannot answer an argumentative legal point; but in the case of the hon. Member for Mid Cork the Court has held that the jurisdiction was warranted by law.