§ Moved, "That Romney Foley, Esquire, Q.C., Sub-commissioner of the Irish Land Commission, do attend the service of the House on Friday, the 4th of May next, at Twelve o'clock, in order to his being examined as a witness before the Select Committee on Land Law (Ireland)."—(The Earl Cairns.)
§ LORD CARLINGFORD (LORD PRESIDENT of the COUNCIL)said, he was not able to allow this Motion to pass as a matter of form, because, while the Government did not intend to oppose it, they could not but regret that the Committee of their Lordships' House had not complied with the request of the Land Commissioners, to the effect that they should not withdraw any of the Assistant Commissioners from the performance of their duties. If that were done, it would be a serious interruption to the business of the Land Courts, which he believed all parties, whatever their views of the Land Act might be, desired should be expedited as much as possible. The Government, therefore, regretted that the representations contained in the letter which had been communicated to them had not been acceded to. By the terms of that letter, 1118 the Committee could obtain any further information which they might desire, without calling over any of the Sub-Commissioners from the performance of their duties. As the noble and learned Earl opposite (Earl Cairns) knew, one of those Assistant Commissioners had already been summoned, and had attended, for the reason that at that time the Land Courts were not sitting, and, therefore, inconvenience did not arise. The present application was, of course, a moderate one, because it was confined to a single Assistant Commissioner; but he (Lord Carlingford) was bound to say that if these applications were enlarged it would constitute a serious interruption to the business of the Courts.
§ EARL CAIRNSsaid, the Committee appointed by their Lordships last year found that they were not able to complete the business referred to them without calling any of the Sub-Commissioners to give evidence; and they now, therefore, suggested that the present Motion should be brought forward, and that MR. Foley should be summoned for that purpose. Under the circumstances, he was surprised the noble Lord should feel any difficulty on the score of the Sub - Commissioner being withdrawn from his duties. One had already boon examined; and he could only say that, looking to the work the Committee had before them, it was absolutely necessary that one or more of these Sub-Commissioners should be called. As regards the time, it was not at all likely that any one of them would be detained for more than a day; and, besides, it had not infrequently happened that a Sub-Commissioners' Court had sat with two members instead of the full number of three. The Committee would endeavour to call as few Assistant Commissioners as possible, and he hoped no serious inconvenience would arise.
§ On question, agreed to.