§ MR. SEXTONasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether, a few days since, Miss Anne Kirk, of Dublin, a lady who had gone to Tulla, County Clare, for the purpose of providing shelter and food for the families of evicted tenants, was arrested by order of Mr. Clifford Lloyd, R.M. and sentenced by him to three months' imprisonment, which she is now enduring in Limerick Gaol; whether the case was heard in private; and, if so, why, and upon what charge, and upon what evidence, the lady was convicted; whether he has observed the following passages in the published Letter of the 22nd instant, from the Rev. Michael O'Donovan, C. C. of Tulla, to the Member for Sligo:—
When the Chief Secretary visited the priests here, I asked him if it were legal for me to assist the lady (Miss Kirk), who had just arrived from Dublin for the sole purpose of erecting huts for the evicted tenants, and giving them temporary relief. Here are Mr. Forster's words: 'It is perfectly legal, and nothing could be more legal, than for man to assist man; and, so long as the lady confined herself to these duties, she should not be molested.' I then promised the Chief Secretary that I would act as a special policeman, and see that this lady did not in any way incite the people to pay no rent. I now assert that this lady did not, either directly or indirectly, interfere in anything outside what Mr. Forster had declared to be 'perfectly legal,' and that she always declined to answer any question outside the building of the huts and the distribution of a little charity. Miss Kirk is now in Limerick Gaol for acting 'legally.'…Intimidation and outrage in this district have ceased. By Miss Kirk and myself telling these people that, if any outrage or intimidation took place, we would immediately break off all connection with them, we brought about a condition which the vast police force, and military force too, had failed to effect;and, whether, in view of this testimony, he will either order the release of Miss Kirk, or direct an independent and public inquiry to be held into the cause of her detention?
§ MR. W. E. FORSTERSir, I think it is very likely that the words quoted are substantially and literally correct, 1671 and I am quite prepared to abide by them at this time. They were these—that it was not illegal for man to assist man; and then I proceeded to say, what may have been somewhat of a bull, that so long as the lady confined herself to these duties she would not be arrested. I abide by that. This lady has been bound over to good behaviour.
§ MR. SEXTONNo, no; not bound over—imprisoned.
§ MR. W. E. FORSTERShe was bound over, and on refusing to give bail was sent to prison.
§ MR. SEXTONNo, no; not bound over.
§ MR. W. E. FORSTERThat was a matter the magistrate did on his own responsibility, believing there was sufficient reason to show that she was not engaged in a work of charity, but in intimidation. ["Oh, oh!"] There has been much intimidation of that kind, and I want the House and hon. Members to understand that my position is very different with regard to action taken under the ordinary law from what it is under the Protection Act. It devolves upon the Lord Lieutenant—upon either or both of us—to decide who shall be arrested or imprisoned under the Protection Act. When action is taken by a magistrate, it is done on his own responsibility; and it would be a most serious matter to suppose that I, as representing the Executive, have power to interfere with the action of the magistrates. I may inform hon. Members that Mr. Lloyd tells me—and I have no reason to doubt him—that he has sufficient warrant for what he did; but the hon. Member (Mr. Sexton) is perfectly well aware that, at the instance of the aggrieved persons, his action can be reviewed by the Court of Queen's Bench, as the acts of other magistrates have been reviewed by superior Judges who are not members of the Executive.