HC Deb 30 May 1881 vol 261 cc1648-50
MR. HEALY

asked Mr. Attorney General for Ireland, Whether his attention has been called to the misapplication of the Census papers, reported in the "Freeman's Journal" of 26th May; whether the facts are as stated, viz. that on Wednesday a farmer named J. Moore was summoned at Termonfeckin for writing an alleged threatening letter; whether Constable Marmion stated on oath, that to procure evidence as to the handwriting of this letter, he examined 126 of the Census papers which he had collected in the townland; that, suspecting the handwriting of one of the forms to be the same as that of the alleged threatening letter, he went to J. Moore and said to him "You have not properly filled your Census paper," and, on Moore protesting that he had, used an artifice to induce him to fill up another; whether, on this second Census form being filled in the constable's presence, Moore was taken into custody; whether these forms are not regarded as secret documents to be applied to no use but that which Parliament has sanctioned; whether every Census paper does not contain the following pledge as to the confidential nature of its contents, &c.:— Strict care will be taken that the returns are not used for the gratification of curiosity or for any other object than that of rendering the Census as complete as possible; whether Constable Marmion admitted that it was against his positive instructions to put a Census form to an illegitimate use; whether, nevertheless, Moore was returned for trial on the single piece of evidence against him; whether the Government approve of the constable's ruse to obtain the filling up of the second Census paper; whether they approve of the breach of faith with Parliament and the public in its misapplication as criminal evidence; and, if not, whether they will at once give orders for Constable Marmion's dismissal and for the withdrawal of the charge against Moore?

MR. CALLAN

asked, whether the constable referred to was not unpopular, and ought not for this conduct to be dismissed the force?

THE ATTORNEY GENERAL FOR IRELAND (Mr. LAW)

My attention has been called to the report of this case in The Freeman's Journal, and I believe the facts are substantially as stated. A serious mistake has, no doubt, been committed in making use of the Census paper; and I have therefore directed the withdrawal of the prosecution. The mistake, however is not one which, in my opinion, requires the dismissal of the constable. I have no information as to the man's unpopularity.

MR HEALY

Although the prosecution is withdrawn, is the man safe from the Coercion Act?