HC Deb 05 July 1880 vol 253 c1626
MR. M'COAN

asked Mr. Attorney General for Ireland, Whether Mr. Fen-ton, the land agent of Mr. Fitzwilliam Dick, an unsuccessful candidate at the late election for Wicklow, who, having been admitted under an order of the Irish Court of Common Pleas, to inspect the ballot papers of the said election in support of a petition (since withdrawn) against one of the sitting Members, has since, for the purpose of intimidating voters, publicly declared that he had, during such inspection, discovered how they had voted, has not, by such public declaration, rendered himself liable to a criminal prosecution under the Ballot Act; and, if so, whether he will, on being supplied with circumstantial information as to the facts, direct that the law be so enforced?

THE ATTORNEY GENERAL FOR IRELAND (Mr. LAW)

I have myself no information as to the facts stated or implied in the Question of the hon. Member; but if it is to be understood that the gentleman referred to has, for the purpose of intimidating voters, threatened them with any injury because of their having voted, he has committed the offence of undue influence, and is liable to a prosecution, not under the Ballot Act, but under the provisions of the Corrupt Practices Prevention Act. As to the last part of the Question, I can only say that if the facts of the case should come before me on sworn informations in the usual way, it will be my duty to consider whether a prosecution can be sustained.