§ MR. T. M. HEALYI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if his attention has been called to the judgment of Chief Baron Palles in Dr. Tanner's case, on the question of appeals, as follows: —
He felt very much the position in which the Court was placed in that case of a quasi criminal nature, from their decision, in which there was no appeal to any higher tribunal. Were it a case of a Bill of Exchange involving only £5, the party decided against could take it to the House of Lords. But here, notwithstanding the important questions that were at stake—notwithstanding the case was one of a nature which for a long series of years had not been presented to any Court either in England or Ireland—their decision, whether right or wrong, was absolutely final, and would settle once for all the course to be adopted in this country. He wished that some one interested in the right administration of the law in this country would turn his attention to the question whether by any legislative means an appeal could be given to the House of Lords in these important cases of a criminal nature;and the following on the question of sureties for good behaviour:—Although, in his opinion, holding a man to bail for his good behaviour was a grave and serious punishment, the law did not regard it us such, and had not regarded it as such since the time of Edward III.; and if they wanted to make what every man of common sense knew was a punishment to be dealt with by the law of England applicable to other punishments, the law was in such a state on the subject that recourse should be had to an Act of Parliament. … He regretted extremely this anomaly in the law, which could only be dealt with by the Legislature;And do the Government intend to take any steps to improve the law in the direction recommended by the highest Irish legal authorities?
§ MR. A. J. BALFOURI understand that the Chief Baron made use of the observations referred to in the earlier part of the question. The suggestion referred to is part of a very large subject, about which there is a very decided difference of opinion among legal experts, and to give effect to which would involve the repeal of those portions of the English and Irish Judicature Acts which deny the right of 1144 appeal in criminal matters. The subject is, undoubtedly, one deserving of consideration; but it would be obviously impossible to give any pledge with regard to legislation on it. The observations of the Chief Baron, referred to in the second part of the question, dealt merely with the propriety of expressly offering an opportunity for explanation and apology before binding to good behaviour. It should be remembered, however, that in the concrete case the Chief Baron said that if they (the magistrates) thought they would not have been met with humility or submission they were not bound to subject themselves to fresh insult.
§ MR. T. M. HEALYWill the right hon. Gentleman give effect to his own pledge on the 17th May, 1887, that there should be an appeal in every case?
§ MR. A. J. BALFOURIt is impossible for me to give a pledge on the subject, but the hon. and learned Member can put a question to the First Lord of the Treasury.
§ MR. T. M. HEALYI am about to bring in a Bill dealing with the subject, and I shall certainly ask the Government to give it their support.