HC Deb 11 March 1817 vol 35 cc980-3
Mr. Peel

rose to ask for leave to bring in a bill to amend an act of the 54th of the king, for enabling the lord lieutenant of Ireland to appoint superintending magistrates and constables in those districts of Ireland which might unhappily become the scene of disturbance. The object of that bill was to supply a deficiency severely felt in Ireland in the civil power, and to introduce something like an effective police, instead of having recourse on every occasion to the cumbrous, though powerful instrument, of a standing army. The measure might probably, at first, seem liable to some objections, if applicable to this country, but the House were to balance between expedients: and if it were found less expensive and more effective than a large military force, he trusted the House would not prevent its being carried into operation. In introducing this measure to the House, he should not enter into a detail of the expense that would be saved by it. The employment of the soldiery, the charge of erecting barracks, and a great variety of other items, formed, however, a considerable aggregate of expense, under the existing system. The best disciplined soldiers, it should also be observed, if obliged to disperse themselves over the country, in small parties, as they were now compelled to do, in search of offenders, would very soon become lax and careless in the performance of their duty. He would leave entirely out of the question, the idea of men who had been employed in putting down the greatest military despotism that ever existed—who perhaps wore on their breasts the proud reward of their honourable services—being; now placed in the humiliating situation of seizing private stills, and apprehending trifling offenders. In the year 1814, when he brought forward the measure which he; now wished to amend, he proposed that the lord lieutenant in council should have the power of placing, in disturbed districts magistrates specially appointed, and constables to assist them in preserving the peace. This measure met with the almost unanimous approbation of the House and it was particularly approved of by the right hon. baronet opposite (sir J. Newport), whom, although he had often differed from the Irish government in opinion, he had ever found desirous, when measures were proposed for the benefit of that country, of which he was a native, and to which he did honour, to give them every assistance in his power, instead of throwing obstacles in the way of their accomplishments. The act of 1814 had been carried into execution in six instances. In three instances, in the county of Tipperary, and once, respectively, in the counties of Louth, Clare, and Cavan. It was found to have a most beneficial effect. The lowest orders of the people applied to the magistrates to settle disputes between them and their employers, and the advantage was so great, that the farmers had frequently expressed their opinion, that the peace and tranquillity which reigned in those districts where the law was acted on, was cheaply purchased by the sum they paid to support the establishment. Under that act, the whole expense was to be defrayed by the disturbed districts. This provision was introduced because it gave those who lived in those districts a direct interest in preserving the peace. This mode of proceeding would operate very well in some parts of Ireland; but others were so poor and exhausted, that they were unable to bear the expense, and, therefore, it was found impossible to carry it into effect in those districts. In those places, where the land-owners did not reside—where, in consequence, insubordination was very general—there, although the greatest necessity existed for rendering the act operative, it could not be done, because, in those districts, the least possible means of supporting the expense existed. There was a certain district in the county of Donnegal, where illicit distillation was carried on systematically—where the laws were openly violated—and those who broke them were defended by large bodies of men—to that district it had been found necessary to send a special magistrate, escorted by a party of 50 dragoons. It was to provide against the recurrence of cases of this kind—to render it unnecessary, as far as possible, to employ the military force—that he now asked for leave to amend the act of 1814; the alterations he meant to propose in which, would, he conceived, have the effect of creating a proper civil force. As the law at present stood, it was necessary on the appointment of a certain number of peace officers, to create a superintendant magistrate. If a neighbouring district became disturbed, and constables were appointed to protect the peace, they could not be directed by the magistrate who had already been created, and who was acting near the spot—it was neces- sary to appoint another superintendant magistrate for the newly disturbed district. To prevent this accumulation of magistrates, he should propose, that different bodies of constables belonging to different districts, should be allowed to act under the same magistrate. He should next propose, that the lord lieutenant and council should have the power of apportioning what part of the expense incurred by a disturbed district should be paid by the inhabitants, and what should come out of the public funds. He did not mean that the lord lieutenant and council should have authority to remit the whole expense; but, where great distress appeared to prevail, they ought, in his opinion, to have the power of removing such portion of it as circumstances might warrant. The last amendment would direct, that in all cases where the act was introduced, an account should be laid before parliament of the expense to be defrayed by the public, and also of the appointments, made under it.—The right hon. gentleman then proceeded to combat such objections as, he thought, might be urged against the bill. If it were said, that it would be better not to pay constables to preserve the peace, but to leave it, as was the case in this country, to the population in general to exert themselves to keep the peace, he should answer, that such a system could not, at present, be effectual, and in that statement he would be borne out by every gentleman connected with Ireland; in which country the introduction of a police at all was comparative modern—not, he believed, of more than thirty or forty years standing. The expense might possibly be objected to. The House would recollect the discussion on the military establishment for Ireland, which took place last session. There was a tolerably unanimous impression, at that time, that the force proposed was by no means too great. It was with great satisfaction he now stated, not only that it was not found necessary to extend to Ireland the Habeas Corpus suspension bill, or the bill for preventing seditious meetings, but that a very considerable reduction was proposed to be made in the military force employed there. The army in that country at present amounted to 25,000 men: these would be reduced to 22,000. There were now seven brigades of ordnance, which would be reduced from 400 to 200 guns. Thus a great expense would be removed, and, what was infinitely more important, a foundation would be laid for inspiring the people with an habitual obedience to the law, and, when that frame of mind was once introduced amongst them, government might dispense with the less constitutional mode of enforcing the law, which it was now so frequently necessary to resort to. The right hon. gentleman concluded by moving, "That leave be given to bring in a bill to amend the act 54 Geo. 3d, c. 131, to provide for the better execution of the laws in Ireland, by appointing superintending magistrates and additional constables in certain cases."

Sir J. Newport

knew not how to reply to the compliments which the right hon. gentleman had paid him. He had but one claim to his good opinion—that of acting conscientiously, and that claim, he hoped, he should never forfeit. He approved highly of the bill now proposed: it was perfectly constitutional. He had never, for a moment, doubted, that the best boon the House could bestow on Ireland, was a police, established on an efficient footing, instead of resorting to that military force, which was too much employed in that country, and which had outraged the feelings of its population to such a degree, as would render it a matter of great difficulty to return to the spot from which they had set out. This principle, if pursued further, would place Ireland in a state of military tutelage—than which no situation could be more revolting to the feelings of humanity.

Mr. Carew, Mr. Chichester, and Mr. V. Fitzgerald, severally expressed their approbation of the proposed measure. Leave was then given to bring in the bill.