HC Deb 17 July 1840 vol 55 cc810-2

Mr. Kelly moved for leave to bring in a bill to abolish the punishment of death in certain cases in Ireland. The bill was exactly to the same extent as the bill that had been introduced for England.

Mr. Fox Maule

said, that great inconvenience had arisen from the form in which the bill for England had been drawn. The amendments could not be discussed on the enacting clauses, but had to be taken on the preamble. Unless the hon. and learned Gentleman could assure him that no such inconvenience would arise in the form of the present bill, he should be disposed to withhold his assent from it.

Mr. Kelly

could not give the hon. Gentleman the assurance he desired.

The Attorney-General

said, he was not aware whether his hon. and learned Friend had shown the bill to the Solicitor-general for Ireland, or the bill that was in preparation for Scotland to the Lord Advocate. He did not see there was the remotest chance of these bills becoming law during the present Session, and unless the principle could be carried into effect in all parts of the United Kingdom it would be objectionable to press it at present. He would add, that the form in which the English bill was drawn had been found extremely inconvenient. He would advise his hon. and learned Friend not to persist in his bill.

Mr. Ewart

supported the motion, and adverted to the cases of measures brought in by Sir Samuel Romilly and Sir Robert Peel that were made to apply to Ireland, although it was desirable that similar laws should have been introduced for that country. It was, therefore, in his opinion, the duty of the House to make a contemporaneous change in the law with regard to that country in the present instance.

Mr. Kelly

said, that he should always look at any suggestion from the Members of Government with distrust after this; for he had been asked by her Majesty's Attorney-general to prepare a bill for Ireland, and now that he had done so the Government opposed it.

Mr. Pigot

hoped that the bill which the hon. and learned Gentleman wished to introduce was not exactly in the same form with that which he had introduced for England. If it were, it would be almost impossible to discuss it, there being so many crimes punishable with death in Ireland that were not even contemplated by the laws of this country.

Mr. Kelly

said, that the bill certainly resembled the English bill. It abolished death in all cases except treason and murder.

Leave given.

Bill brought in and read a first time.

The House adjourned.