HC Deb 06 March 1885 vol 295 c276

asked the Chief Secretary to the Lord Lieutenant of Ireland, On what legal authority he founds his statement of the 2nd instant, that magistrates in Ireland are entitled to do what the magistrates of England are prohibited from doing, by a Judgment of the Queen's Bench Division of the High Court of Justice (13th June, 1882), namely, forbidding a lawful assembly or procession, because information had been shown that such assembly or procession, if held, would tend to a breach of the peace?


The Question of the hon. Member does not quite accurately recite what I stated. I did not say that magistrates in England are prohibited from stopping processions. Magistrates in both countries, in the exercise of their discretionary powers for the preservation of the peace, are bound to have regard to the law as laid down in their respective countries. Without laying down any abstract proposition of law on the subject, I stated that the law in Ireland, as interpreted by the highest Court there, justified the action of the magistrates in the particular case of the intended procession in Derry.