HC Deb 10 November 1884 vol 293 cc1382-5
MR. J. W. BARCLAY

asked the Seretary of State for the Home Department, What measures he proposes to adopt in view of the threatened agrarian troubles in the Hebrides, to ensure the impartial administration of justice, considering that the Public Prosecutor, the Procurator Fiscal, is also the principal resident land agent, and law agent of the largest landlords in the district; and, whether he is aware that, after the agrarian disturbances in Uig some years ago, the then Sheriff of the County superseded the gentleman who was then the Procurator Fiscal, and who held the same offices for the landlords as the present Procurator Fiscal, on the ground that he (the Sheriff) considered it incompatible for the same person to act for the Crown and also for the landlords?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

, who replied, said: I am afraid I cannot add anything material to the answer I gave the hon. Member when he put substantially the same Question on the 16th of June last, which I will read. It is as follows:— The gentleman who was Sheriff of the county at the time referred to—1874—is now dead, and I am therefore unable to obtain precise information as to the reasons which induced him to recall the appointment of the Procurator Fiscal; but I believe that one reason—I cannot say that it was the sole reason—for his doing so was the fact that the Procurator Fiscal was also the factor upon the estate—that is, manager for the proprietor. It is necessary to distinguish between factor and law agent; and I do not think that holding the office of law agent can have been considered by the Sheriff to be incompatible with the office of Procurator Fiscal, because the gentleman whom he appointed on that occasion was, as I understand, then, as now, the local law agent of the proprietor. He was not, however, and is not, factor on the estate. I may add that at the date in question Procurators Fiscal held a commission from the Sheriff, which he could recall at pleasure, and without reason assigned; but by the provisions of the Sheriff Court Act, 1877, they are only removable by one of Her Majesty's Principal Secretaries of State for inability or misbehaviour, upon a report by the Lord President of the Court of Session and the Lord Justice Clerk."—(3 Hansard, [289] 399.)

MR. J. W. BARCLAY

In consequence of the answer of the right hon. and learned Gentleman, I beg to ask whether the proprietor has any other law or land land agent in the Lewis or Hebrides except this gentleman, the Procurator Fiscal; and if he will be good enough to state to the House where this gentleman whom he calls factor resides?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

I cannot tell as to that matter; but my information is that this gentleman belongs to a firm who are the local law agents for the proprietrix—that is say, who do any legal business that may be required. Law agent is not the term that we should use in Scotland. Further, according to my information, this gentleman is not a factor, and the estate is managed by other persons.

MR. J. W. BARCLAY

The right hon. and learned Gentleman says the factor was non-resident, and that this law agent was not factor. I wish to know whether the proprietor has any other factor except this Procurator Fiscal?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

I am not in a position to state. I will inquire. My information is that he is not factor.

DR. CAMERON

I wish to ask the Lord Advocate whether the information upon which he has acted in sending armed police there, who are said to be supported by Marines, has been got from the Procurator Fiscal, who is also in the employ of the landlord there?

MR. MACFARLANE

Before the right hon. and learned Gentleman answers that Question, I should like to ask, with reference to the despatch of a police force on the ground of riots, whether there is any truth in the statement that 300 Marines are being sent to the Island of Skye; and whether the right hon. and learned Gentleman would be good enough to state what had occurred in the Island of Skye to require the presence of a military force?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

I must say, in the first place, that there is a confusion of localities in both Questions now put to me. It is not uncommon to have Highland names which have the same significance occurring in different places. This Question relates to Uig, in the Island of Lewis, and there have been no police arrangements there that I am aware of. What I believe the other Question relates to is Uig, in the Island of Skye. I am not in a position to state at the present moment what arrangements it has been thought necessary to make for the preservation of peace and order. These will be made known in due time.

DR. CAMERON

This is a very important matter, as a collision is threatened. Things have a very serious aspect. May I ask whether the right hon. and learned Gentleman has taken, or will take, care to inform himself as to the actual state of facts from some thoroughly independent and reliable source before taking steps?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

I need not say in a matter of this sort that the Government have taken, and will continue to take, the most careful steps; and it so happens, with reference to this place in Skye, that there has never been a whisper against the Procurator Fiscal. At all events, the information which the Government received is derived from a variety of sources, and is really not open to dispute.

MR. MACFARLANE

The Uig I mentioned is not that in the Island of Lewis, but Uig in the Island of Skye. I wish to ask whether it is true, as stated in a Central News telegram, that 300 Marines have been sent off to the Island of Skye?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

I stated to the hon. Member that I shall not at this moment mention here what arrangements the Government have thought necessary to make.

MR. J. W. BARCLAY

In consequence of the answers of the right hon. and learned Gentleman, I wish to ask the Prime Minister whether it is the Home Secretary or the Lord Advocate for Scotland who is responsible for the proceedings which have been taken in Skye at the present moment, and which have been alluded to in my Question?

MR. GLADSTONE

Undoubtedly, my right hon. and learned Friend the Secretary of State for the Home Department is the person principally responsible, and properly responsible, for the maintenance of peace and order in England and Scotland.

Subsequently,

MR. GLADSTONE

added: I want to say, with reference to the answer which I just gave, that I understood the Question to be this—Whether the Government were responsible as between one Member of the Government and another? Of course, I do not mean to say that my right hon. and learned Friend is responsible in derogation of the functions which belong to the Local Authorities with respect to the maintenance and preservation of peace.