§ MR. MACNEILL (Donegal, S.)asked the Chief Secretary to the Lord Lieutenant of Ireland a Question of which he had given private Notice, Whether it was true, as stated in The Daily News of that morning, that at the time of the collision between the military and the police and the people of Kilrush on Sunday all the military and police arrangements were under the supreme command of Mr. Irwin, R.M.; whether Mr. Irwin, in conjunction with Captain Welsh, tried, on November 8th last, in Kilrush, under the provisions of the Criminal Law and Procedure (Ireland) Act, in one batch, 18 persons, who were sentenced to various terms of imprisonment, accompanied in some instances with hard labour, and without power of appeal; whether Mr. Irwin had, between August 17th, 1887, and March 16th, 1888, tried in all 132 persons under the Criminal Law and Procedure (Ireland) Act; and, whether it was in accordance with Constitutional usage that the same person should exercise simultaneously judicial and political functions?
THE CHIEF SECRETARY (Mr. A. J. BALFOUR) (Manchester, E.)I am afraid I cannot reply to the matters contained in the first two paragraphs of the hon. Gentleman's Question, because I have not yet received from Ireland a full official Report of the proceedings of yesterday. With regard to the last paragraph of the Question, in which the hon. Member asks whether it is in accordance with Constitutional usage that the same person should exercise simultaneously judicial and political 721 functions, I have to say if by that he means the same person exercising judicial and executive functions at different times, it is absolutely in accordance with Constitutional usage. But that is not the usual meaning of the word simultaneously, which means at the same time. Mr. Irwin did not exorcise "at the same time" both judicial and political functions.
§ MR. MACNEILLI wish to know, whether the office of this gentleman is of such a character that it is consistent with his office that he should exercise judicial functions at one time and political functions at another?
§ MR. T. P. O'CONNOR (Liverpool, Scotland)Before the right hon. Gentleman answers that Question, I wish to ask whether, under the administration of the Crimes Act of 1882, care was not always taken that the same person should not exercise judicial functions and administrative functions?
§ MR. A. J. BALFOURNo, Sir. It has always been the practice, not only in Ireland, but in England and Scotland, for the same person to exercise at different times executive and judicial functions. Every Magistrate in England and Ireland, and every Sheriff in Scotland, may be called upon to exercise these different functions at different times.
MR. MAC NEILLWould the right hon. Gentleman answer me a further Question? Whether it is in the right hon. Gentleman's recollection that he answered a Question last Session in which he relied on Resident Magistrates in Ireland not using judicial functions, but merely exercising administrative functions?
§ MR. A. J. BALFOURThe hon. Member is now referring to Divisional Magistrates.
§ MR. A. J. BALFOURBut they never exercise judicial functions at all.
MR. MAC NEILLWould the right hon. Gentleman kindly answer the third and fourth paragraphs of my Question?
§ MR. A. J. BALFOURI am obliged to inform the hon. Gentleman that, to my regret, I cannot answer to-day Questions referring to the proceedings of yesterday, as I have not yet received any Report.