HC Deb 26 April 1888 vol 325 cc580-1
MR. CLANCY (Dublin Co., N.)

asked the Chief Secretary to the Lord Lieu-tenant of Ireland, Whether, in May, 1885, the magistrates at Swords Petty Sessions, in the County of Dublin, convicted a man named John Maguire of two offences against the Contagious Diseases (Animals) Act, and fined him in the sum of £50 and costs with the alternative of two months' imprisonment; whether, on appeal to the Queen's Bench Division of the High Court of Justice, this decision was affirmed with costs; whether, owing to the impossibility of executing the judgment against his goods, a warrant was issued for the arrest of Maguire at the instance of the Balrothery Board of Guardians as the Local Authority; whether Maguire thereupon fled the country and remained away for a year; whether the warrant for his arrest was re-issued in March this year, he having meanwhile returned to the district of Swords; whether this warrant has been executed; and, if not, why; and, whether this John Maguire is one of the persons said to be specially protected by police in the County of Dublin?

THE CHIEF SECRETARY (Mr. A. J. BALFOUR) (Manchester, E.)

The facts are substantially as stated. The execution of the warrant recently issued has been suspended, owing to the result of a Memorial addressed by Maguire to the Executive.

MR. CLANCY

What is the date of the Memorial?

MR. A. J. BALFOUR

I am afraid I do not know.

Subsequently,

MR. CLANCY said

Perhaps I may, Sir, be allowed to ask a Question with reference to the answer which the right hon. Gentleman the Chief Secretary gave in reference to this Question, and that is, whether any precedent whatever exists for refusing to execute the warrant in this case? This is a case of a man against whom a Bench of Magistrates in the first place, and the Queen's Bench Division of the High Court of Justice in the second place, have successively decided; and a warrant for his arrest was issued against him a second time on the 3rd of March, and from that time up to the present the warrant has not been executed, and we are now told that its execution has been suspended pending the consideration of a Memorial to the Lord Lieutenant. What I want to ask, Mr. Speaker, is whether any precedent whatever exists for refusing to execute the decree of a Court of Justice on such a ground?

MR. A. J. BALFOUR

The hon. Gentleman must give Notice of that Question.

MR. CLANCY

May I ask whether the right hon. Gentleman will answer the last paragraph of the Question; whether this man is one of the persons said to be specially protected by the police?

MR. A. J. BALFOUR

Yes, Sir; I believe Maguire has been specially protected by the police, because he is Boycotted by the National League.

MR. CLANCY

May I ask the Postmaster General whether this Maguire is Postmaster of Swords?

[No reply.]

MR. A. J. BALFOUR

With referrence to my answer, I may explain that Maguire has been under police protection; but I do not know if he is now.

MR. CLANCY

May I ask whether, in the case of a Boycotted man, the fact of his being under police protection is any reason why he should not be arrested according to a decree of a Court of Justice?

[No reply.]