§ MR. HEALYasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the practice existing in English prisons as to the release of dying prisoners upon application, and the surrender of the bodies of such as die in prison to their friends; why a different practice is followed in Ireland; whether it is the fact that the governor of Mountjoy Prison, before the death of Michael Waters, telegraphed to his uncle that the young man was dying; if he could explain why was Waters not released; whether it is the case that an application for his release was made by a local clergyman; why the body was not surrendered for burial to his relatives; by what right the Crown claim control of the bodies of convicts not sentenced to death; whether he can show any authority for the assumption that a sentence of imprisonment involves the detainer of the corpse of the prisoner, and its burial within prison precincts; if it is the fact that the burial of Waters was subsequently conducted by Government officials in Glasnevin Cemetery; on what grounds 859 were his relatives denied the consolation of attending his burial; and, if he will state whether any prison regulations exist as to dying prisoners, or as to the disposition of their bodies after death; and, if not, on what authority the governor of Mountjoy acted?
§ MR. TREVELYANSir, if there is any material difference between the English and Irish practice, it will, no doubt, be dealt with in the Report of the Royal Commission, to whom the question of differences of system was a special matter of reference in their warrant. With regard to the case of Michael Waters, the Governor did telegraph to his uncle as to his dangerous condition. It is true, also, that an application for his release was made by a local clergyman; but the medical officer could not recommend compliance with this application, as he did not consider the prisoner to be in a fit condition to be removed. With regard to the disposal of the remains of deceased prisoners, it seems to be a matter of long-established practice. The custom has been, to give up, if desired, the bodies of prisoners dying in local prisons; but not the bodies of prisoners dying in convict prisons. In the ease of a felon under sentence of penal servitude, the Crown has complete power to prevent the removal of the body from the prison; and in the case of Waters there were special reasons why the Government considered it right that no exception to the usual practice should be made, and the Governor was instructed accordingly. The burial was accordingly conducted in the usual manner in a Roman Catholic Cemetery, the deceased having been of that persuasion. The Deputy Governor of the prison was present. It is not true that any of the deceased's relatives were denied permission to attend. His uncle was the only one who asked to be allowed to attend, and his request was complied with.
§ MR. HEALYinquired where the Government got power to claim control over the bodies of deceased convicts—in the Common or Statute Law?
§ MR. TREVELYANreplied, that he had stated it on the highest legal authority in Ireland, whom he had specially consulted.
§ MR. HEALYWill the highest legal authority from Ireland in this House say under what Statute the Government 860 claims control over the corpses of convicts? ["No, no!"]