HC Deb 04 March 1830 vol 22 cc1258-9
Mr. O'Connell

wished to know from the noble Lord (F. L. Gower) opposite, whether he had any objection to the production of a Petition or Memorial forwarded to the Lord Lieutenant of Ireland, from a person named Francis M'Brian, a prisoner in Enniskillen gaol, complaining of the conduct of the Sub-sheriff of Fermanagh. He also wished to know from the noble Lord whether the proclamation issued last year by the Lord Lieutenant of Ireland, for putting down party processions, was issued by the advice of the law officers of the Crown in that country. His reason for asking for this information was, that one of the Irish Judges, in going a circuit soon after, was reported to have delivered a charge very contrary to the law as laid down in that proclamation, and that same learned Judge had recently selected for his circuit that one where there were most trials for infractions of the law, as laid down in the proclamation, to be tried, and where, in fact, the point at issue would be, whether the explanation of the law given in the proclamation, or by the Judge, was the correct one. He wished also to know, whether the Lord Lieutenant was aware of the opinions delivered by the learned Judge on the occasion alluded to, and whether he also knew of his having selected that particular circuit. The hon. and learned Gentleman then moved that the petition of M'Brian to the Lord Lieutenant be laid before the House.

Lord F. L. Gower

had no objection to the production of the petition. As to the hon. and learned Member's questions, he would state, first, that the proclamation alluded to was certainly issued by the advice of the law-officers of the Crown. It was signed by the privy councillors, one of whom was the Attorney General. With respect to the second question, he would state that the Lord Lieutenant had no control over the Judge, and no official knowledge of the charge delivered by that learned person. All he could know of it was in that way which was open to any other individual. In the selection of circuits by the Judges the hon. and learned Member must be aware that the Lord Lieutenant did not interfere. There was nothing which would excite greater jealousy in and out of the House than such interference, and it was wisely abstained from.

The Motion was agreed to.

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