§ MR. W. J. CORBETasked the Chief-Secretary to the Lord Lieutenant of Ireland, Whether he is aware that a very strong feeling is arising in Ireland against the Sunday Closing Act, owing to the conduct of the police and of the magistracy; whether he will make inquiry as to the number of prosecutions recently brought under the Act against respectable licensed vintners of known National politics before magistrates whose politics are known to be the reverse, and the penalties imposed; whether he will inquire into the circumstances under which Mr. James Phelan, of Aughrim, county Wicklow, was fined on Thursday last by the Rathdrum Bench, on the ground that while supplying bonâ a fide travellers he kept his 1339 doors open longer than the magistrates thought he had any right; and, whether he will recommend that the fine be remitted?
§ MR. TREVELYANSir, I do not think there is any reason to suppose that the Constabulary have been influenced in any action they have taken by the political opinions of the persons concerned. I am aware, however, that one County Inspector has taken a view different from that generally accepted as to the duties of the police with regard to persons found on licensed premises during prohibited hours. I am making special inquiries on this point, so as to prevent misapprehension, and to secure that no proceedings shall be taken unless fully warranted by the facts. With regard to the case of Mr. Phelan, mentioned in the Question, it appears that he was fined for having his premises open longer than was necessary for supplying bonâ fide travellers who had entered, the rule in these cases being that the door should be opened only for admission of the travellers, and at once closed. In the present instance it was proved that the door remained open for a quarter of an hour, during which time no person entered, and that during that time a number of persons, not bonâ fide travellers, were in close proximity outside the door, and might have been supplied with drink. The publican had the right of appeal, but did not exercise it.