§ MR. TUITE (Westmeath, N.)I rise to move the Resolution of which I gave Notice early in the evening, and which has reference to the case of the Barbavilla conspiracy to murder. We are in a position to prove that the persons now undergoing penal servitude for that conspiracy to murder have been unjustly convicted, and should be released.
§ MR. SPEAKERI must call the attention of the hon. Member to the fact that the Resolution which he proposes to move is not pertinent to any of the Estimates before the House. The salaries of the Judges who administer justice in Ireland are not included in these Estimates; and the conduct of the Sheriff, or of any officer whose salary is embraced in the Estimates, is not impugned by the hon. Member. I understand that the hon. Member proposes to impugn the conduct of the late Lord Lieutenant, and the salary of the late Lord Lieutenant is not in question. I am bound by the Standing Order, which says that no question shall be raised as a Motion, except such as appertain to the Estimates to be taken in Supply.
§ MR. TUITEWhat I desire to call attention to is the action of the Lord Lieutenant in refusing an inquiry. The 1757 administration of justice in Ireland has thereby been impaired. We are ready to produce the new evidence which has been forthcoming since the trials in support of the allegations which have been made as to the innocence of the prisoners.
§ MR. SPEAKERThe Lord Lieutenant's salary is not upon these Estimates, and I do not see how the object of the hon. Member can be attained without infringing the Standing Order.
§ MR. SEXTON (Belfast, W., and Sligo, S.)On the point of Order I would respectfully submit that the salaries of the Lord Lieutenant and of the Chief Secretary for Ireland, who represents the Lord Lieutenant in this House, are dealt with in the Estimates. The Lord Lieutenant is responsible for the prerogative of mercy in Ireland; and I contend that the Motion of my hon. Friend is, therefore, pertinent to the Estimates, because it complains that the prerogative has not been exercised in the Barbavilla case.
§ MR. SPEAKERThe hon. Member proposes to discuss a general subject. Last year I gave a ruling which, I think, completely covers the point now raised. Mr. Hopwood, who was then a Member of the House, proposed, on the Motion for going into Committee of Supply upon the Civil Service Estimates, to move a Resolution on the subject of appeals in criminal cases. That may have seemed to deal, to a certain extent, with the Estimates then before the House; but I ruled that it was a general question, and that, as it did not deal with any special Estimate proposed to be taken, it did not come within the Standing Order that any Resolution moved must appertain to the Estimates before the House.