HC Deb 28 July 1890 vol 347 cc1061-2
MR. ROCHE (Galway, E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether the Government intend to pay the expense of defending the constables against whom Mr. Fahy and Morrissey obtained decrees for £5 and £2 at last Quarter Sessions held at Gort for false arrest; also the cost of appeal which was heard before Judge O'Brien at Galway Assizes, he confirming the County Court Judge's decree, with costs; and whether he will state what course he will adopt in reference to the conduct of the constables?

MR. A. J. BALFOUR

The facts of the case are as follow:—Morrissey is a bad character who has been convicted of assaults on the police, of drunkenness, and of boycotting. Both he and Fahy are, on their own evidence, energetic agents of the Plan of Campaign in a district where that illegal conspiracy has been specially prolific in outrage. They were found together about 10 p.m., and it appears that Fahy was going home with Morrissey, whom the Chief Justice truly described as a bad character. They were arrested by the police under the Peace Preservation Act of 1881 of being illegally possessed of arms. Fahy, it appears, had a licence to carry arms; but he thought fit not to produce it, and the Chief Justice stated that he brought all the trouble that afterwards befel him upon himself. There can be no doubt that the police acted in bonâ fide discharge of their duty, and, therefore, their expenses will be paid.

ME. DILLON (Mayo, E.)

May I ask whether the right hon. Gentleman is aware that an appeal was taken to the Galway Assizes, and that Mr. Justice O'Brien confirmed the decree of the County Court Judge, with costs against the police? Yet the right hon. Gentleman now states that the police acted strictly according to their duty.

MR. A. J. BALFOUR

I did not say the police acted rightly, but that they acted bonâ fide, and that the mistake was not of such a kind as would justify the Government placing the costs upon them.

MR. DILLON

Are we to understand that the police against whom decrees have been given for false arrest and imprisonment are not to be punished, but are to be defended in their action by the whole support of the Executive Government?

MR. A. J. BALFOUR

The hon. Gentleman is not to deduce any general rule. It must depend on the circumstances of the case. The Chief Justice positively refused the request of the solicitor for the plaintiffs to increase the amount of damages.

MR. SEXTON

Is the right hon. Gentleman aware that these men were arrested and detained in custody all night, and that no charge was made against them?

MR. A. J. BALFOUR

The charge upon which they were arrested was that of the illegal possession of arms.

MR. DILLON

These men were arrested on a charge of illegal carrying of arms, and were kept in gaol all night. Why did not the police search the men?

MR. A. J. BALFOUR

The police, under the Act in question, had no power of search.