HC Deb 14 February 1884 vol 284 cc855-6
MR. HEALY

asked Mr. Solicitor General for Ireland, On what date was Mrs. Fallon of Loughrea committed to gaol, and upon what charge; to what offence did she plead guily at the Con-naught Winter Assizes; what directions were given, if any, by Judge O'Brien concerning her custody; whether he passed any sentence upon her; when Mrs. Fallon was released; who is responsible for her further detention in prison; by whose instructions was she released; and what reason existed for her release at the date on which it took place which did not exist at any time after her plea at the assizes?

THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)

Mr. Fallon was arrested at Loughrea on the 22nd July, 1883, upon a charge of taking forcible possession of a house, and for assault and abusive language. On the 10th of December, at the Assizes held at Sligo, she pleaded guilty, by the advice of her legal adviser, to the charge of taking forcible entry, and the prosecuting counsel left the matter in the hands of the Judge. The only direction given by the Judge was that she should be discharged when she entered into two recognizances of £10 each before a Resident Magistrate when possession was delivered up, and to come up for judgment when called on on receiving 10 days' notice. This course was assented to by her legal adviser, but no other sentence than that involving this direction was passed by the Judge. Mrs. Fallon was released on the 7th of January, 1884, by order of the Lord Lieutenant. She was detained in prison till then, pending her recognizances. Her legal adviser did not inform the Judge that she had no power to give up possession of the house, and she was released by direction of the Lord Lieutenant, with the concurrence of the Judge, as soon as this fact was communicated to His Excellency, which it was by letter on the 4th of January; and the reason for her release, which then existed, and which did not exist at Assizes, was her inability to perform the condition of giving up possession, which was then for the first time laid before His Excellency.

MR. HEALY

asked whether it was in accordance with Constitutional practice for a person to be kept in prison pending the signing of recognizances, which might involve, if a person was not able to perform it, detention for life?

THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)

I must ask the hon. Member to give Notice of the Question.

MR. HEALY

What sentence was passed on the woman? ["Order, order!"] That is involved in the Question I have asked.