§ MR. SWIFT MACNEILLI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he will state how many Members of the House of Commons have been arrested under the provisions of the Criminal Law and Procedure (Ireland) Act, on the warrants of resident magistrates, and sentenced to imprisonment by resident magistrates in the interval between the adjournment of the House of Commons on 8th August and the present time; and whether he can state the names of the Gentlemen so arrested and sentenced and the terms of their imprisonment; and whether he 232 has any, and, if so, what explanation to give of the neglect in any case of the resident magistrates to communicate to the Speaker of the House of Commons the fact of the arrest and commitment by them of Members of this House.
§ MR. WYNDHAMThree hon. Members—for the Birr Division of King's County, for South Mayo, and for East Galway—having failed to appear in answer to summonses, were arrested on the warrants of resident magistrates and sentenced to two months with hard labour, three months with hard labour, and four months with hard labour respectively. On appeal, the sentence on the first hon. Member was confirmed, but the hard labour was remitted. In the other two cases appeals are pending. No other hon. Members have been arrested, but the hon. Member for the Tullamore Division of King's County was sentenced to two months with hard labour. This sentence has been reduced on appeal to one month without hard labour. Two hon. Members, therefore—for the Birr Division and the Tullamore Division—are debarred from attending this House. Two others— for South Mayo and EastGalway—having been arrested on warrants, are at liberty pending appeal. In reply to the second part of the Question, communications, whether from resident magistrates or County Court judges, are addressed directly to Mr. Speaker, and not through the Irish Government. I understand that Mr. Speaker received a communication in respect of the two hon. Members who are debarred from attending the House, but that no communication reached him in respect to the hon. Members for South Mayo and East Galway, who are not so debarred. [Laughter.]
§ MR. SWIFT MACNEILLThis is no laughing matter.
§ MR. MACVEAGH (Down, S.)And you will soon learn that.
§ MR. SWIFT MACNEILLI want to ask whether the resident magistrates have, in any case whatever, sent letters to Mr. Speaker which have been suppressed in Dublin Castle by the right hon. Gentleman's orders.
§ MR. WYNDHAMNo, Sir, I do not think the hon. Member listened to my answer. I said that all these communications go direct to Mr. Speaker, and not to the Irish Office.
§ MR. SWIFT MACNEILLNow, I will ask another Question. I want to know this—whether it was not at the instance of the Executive Government that the resident magistrates failed to comply with the ordinary courtesies to this House, and whether it is not in accordance with precedent that, immediately a warrant is issued against a Member of this House and he is arrested, a communication should be addressed to Mr. Speaker, and why that was not done in this case.
§ MR. WYNDHAMI will not go into the question of precedent, but I will say that no action was taken, and no action was left undone, at the instance of the Executive Government.
§ MR. PATRICK O'BRIEN (Kilkenny)Has the right hon. Gentleman read the whole sentence in each case? Is it not the fact that each hon. Member was, in addition, required to go to prison for three months in lieu of giving bail, on the expiration of each sentence, for his future good behaviour?
§ MR. WYNDHAMI have endeavoured to answer the Question on the Paper. [Nationalist cries of "You have not."] It is impossible to give all the details. I have answered the Question on the Paper. [Nationalist cries of "You have not."] I have endeavoured to give all the information that is material. The hon. Member is quite right in stating that certainly in one case, in the case of the hon. Member for South Mayo, it is present to my mind that he was called upon to give bail, and I dare say in some of the other cases.
§ MR. WILLIAM O'BRIEN (Cork)These are what the right hon. Gentleman calls matters of detail‡ Is it not the fact that the sentences actually imposed on these men are just double what the right hon. Gentleman has stated to the House?
§ MR. JAMES LOWTHER (Kent, Isle of Thanet)Are we to understand that there has been any failure on the part of any judicial officer in Ireland to perform the immemorial practice of acquainting you, Sir, officially with the sentence passed?
§ * MR. SPEAKERUpon the facts stated by the right hon. Gentleman, I do not understand that there has been any failure. Four cases have been referred to; in two of them the hon. Members in question were committed to prison, and in those cases notices have been given. The other two were cases in which there was an arrest of two hon. Members in order that they might answer to a charge which they were summoned to answer; when those cases came before the magistrates, I think I am right in saying they were convicted, but were let out on bail during an appeal. In such a case the duty of the magistrate does not arise. It is laid down in "May s Parliamentary Practice"—and I think correctly laid down—that the duty of the magistrate arises when he has committed a criminal to prison and when he is detained there without bail. In all the cases in which the duty arose it seems to me to have been complied with. As far as I am competent to judge, it has also been complied with in the case of the hon. Member for North Leitrim, who was convicted on Thursday. I have read this afternoon to the House a letter from the resident magistrate stating his conviction and sentence.
§ MR. SWIFT MACNEILLIn Mr. M'Hugh's case he has appealed, and he is at liberty. I wish to bring under your notice the fact that one of the resident magistrates, whose name I heard you, Sir, read out, a Mr. Brown, presided in two Courts in which Members of this House have been convicted; they appealed, but he did not communicate with you. If he has communicated with you now, what is the meaning of this variance?
§ * MR. SPEAKERThe facts are as I stated them, as far as I am aware, and they seem to me to be in accordance with the ordinary rule.
§ CAPTAIN DONELAN (Cork, E.)Is it not a fact that King's County is at present deprived of all representation in this House?
§ * MR. SPEAKEROrder, order‡ That does not arise out of the Question. The Question on the Paper has been fully answered. If hon. Members desire to ask other Questions on this matter, they must put them down on the Paper.
§ * MR. SPEAKEROrder, order‡ I have said that the Question has been fully answered.
§ MR. WILLIAM O'BRIENPermit me—
§ * MR. SPEAKEROrder, order ‡ If any hon. Member wishes to ask a further Question he must put it down in the ordinary way.
§ * MR. DELANY (Queen's Co., Ossory)On a point of order, I wish to ask whether you, Sir, are aware that the hon. Member for the Birr Division was in prison under arrest, pending his trial on a warrant for non-appearance, for nine days in Tullamore Jail.
§ * MR. SPEAKERI do not know how the fact was; I will assume that the hon. Member is quite correct, but that does not affect what I have stated.
§ MR. SWIFT MACNEILLBut if that is so, ought not you to have been informed?
§ * MR. SPEAKERI have already stated what I conceive to be the duty laid down for magistrates under the practice of this House. I cannot allow it to be argued.
§ MR. MACVEAGHIt will be argued, anyhow. I wish to ask whether Mr. Speaker is aware that the hon. Member for East Gal way will be committed to prison tomorrow, and that Questions put down on the Paper now cannot be asked before the hon. Member is committed.
§ * MR. SPEAKERThat certainly does not arise out of this Question.