HC Deb 09 April 1804 vol 22 cc1585-6
MR. T. W. RUSSELL

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he can state the date upon which the Commission of the Peace was conferred upon Mr. E. P. O'Kelly, of Baltinglass, County Wick-low; whether he is aware that Mr. O'Kelly was the holder of a retail licence for the sale of intoxicating liquors in that town, and that he transferred the licence before his appointment to the Bench to his wife; whether it has been brought to his knowledge that the Queen's Bench in Ireland has decided that the transfer of a licence can only be granted in one of three events—the death of the licensed person, sale of the premises, or the assignment of the licence on removal from the premises; and whether, in view of this decision, he will take steps to prevent the colourable transfer of licences in order to qualify for the Commission of the Peace?

MR. J. O'CONNOR (Wicklow, W.)

Is it necessary for the holder of a licence to get rid of that licence, by transfer or otherwise, in order to qualify as a Magistrate?

MR. J. MORLEY

The gentleman referred to was appointed to the Commission of the Peace on the 15th March. Upon ascertaining that he held a publican's licence, the Lord Chancellor required that, a bonâ fide transfer of the licence should be made, and this Mr O'Kelly informed the Lord Chancellor had been done. He has since ascertained, however, that the transfer was a colour-ableone. The law appears to be as stated in the third paragraph, and acting on that view of the law the Lord Chancellor will insist on a bonâ fide transfer, and will not permit a colourable transfer in this or any other case.

Mi;. T. W. RUSSELL

The Queen's Bench having decided that these colourable transfers are illegal, will the Lord Chancellor see that the publicans who have made them are not allowed to defeat the Licensing Laws by sitting on the Bench when licensing matters are dealt with?

MR. J. MORLEY

I have said that these colourable transfers will not be allowed.

MR. J. O'CONNOR

The right hon. Gentleman has not answered my question, whether it is necessary to get rid of the licence, by transfer or otherwise, in order to qualify its a Magistrate?

MR. L MORLEY

That involves a legal question, which rests with the Lord Chancellor.

MR. J. O'CONNOR

But is it the case that the holder of a licence is not qualified for the Commission of the Peace?

MR. J. MORLEY

No, that is not the case. Holders of licences have been appointed to the Bench by the late Government and other Governments.