HC Deb 09 March 1885 vol 295 cc446-7
MR. SEXTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he will now, according to his engagement, cite either the Statutes or the judicial pronouncements upon which he relies in support of his statement that magistrates in Ireland have powers to prevent a lawful assembly or procession, which are not vested in magistrates in Great Britain?

THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)

One of the judgments referred to is a judgment of Lord Chancellor Law, in which he says— The defendant was not to defer action until a breach of the peace had actually been committed. His paramount duty was to preserve the peace unbroken, and that by whatever means were available for the purpose. Furthermore, the duty of a Justice of the Peace being to preserve the peace unbroken, he is, of course, entitled, and, in fact, bound to intervene the moment he has reasonable apprehensions of a breach of the peace being imminent; and therefore he must, in such cases, necessarily act on his own reasonable and bonâ fide belief as to what is likely to occur.

MR. O'KELLY

asked whether the only disturbers of the meeting in the case to which Lord Chancellor Law referred were the magistrates and the police?

THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)

said, that he assumed when a Judge interpreted the law he correctly stated the facts.