HC Deb 26 July 1888 vol 329 cc551-3
MR. HAYDEN (Leitrim, S.)

asked the Chief Secretary to the Lord Lieu- tenant of Ireland, Whether the metting in Boyle, described in the warrant on which Mr. James O'Kelly, M.P., was arrested, was advertised for a considerable time previous to being held; whether any steps were taken to proclaim it; and, what time has elapsed since the alleged offence was committed?

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

The meeting referred to was held on Sunday, June 24. It was summoned by placards; but for what time previous to the date fixed I am unable to say. No steps were taken to proclaim it.

THE LORD MAYOR OF DUBLIN (Mr. SEXTON) (Belfast, W.)

With reference to the arrest of Mr. O'Kelly, may I ask whether the Irish Government had any reason to apprehend that he or any other Irish Member would endeavour to avoid arrest, or would fail to appear in Court to answer any charge against him; and whether they cannot convey to a Member that his presence is required on a certain day, instead of having detectives slouching about the House, and dogging the steps of Members on their way to and from the discharge of their Parliamentary duties?

MR. A. J. BALFOUR

There is no legal process by which, under the Act, a Member can be summoned in England to attend in Ireland. My hon. and learned Friend (the Solicitor General for Ireland) tells me that it must be done by way of warrant. With regard to the other Question of the hon. Member, whether I have any reason to suppose that any Irish Member of Parliament would desire to evade going before a Court of Law, I have to say that I have painful experience on that point, for two or three Gentlemen at least refused to obey summonses.

MR. ARTHUR O'CONNOR (Donegal, E.)

asked why the warrant was held over, and why the proceedings were delayed for a month?

MR. A. J. BALFOUR

I have no reason to believe that the warrant was held over for any period of time. As to the Question why the hon. Member for Roscommon was not arrested immediately after the speech or meeting, the hon. Member must be aware that these things require consideration, and delay must occur.

MR. CHANCE (Kilkenny, S.)

Will the right hon. Gentleman say by whom was the prosecution directed—whether he himself directed the prosecution?

MR. A. J. BALFOUR

I am entirely responsible for what has taken place.

MR. T. C. HARRINGTON (Dublin, Harbour)

asked if it was not the case that English jurisdiction "runs" in Scotland and vice versâ?

THE SOLICITOR GENERAL FOR IRELAND (Mr. MADDEN) (Dublin University)

, after consultation with the Lord Advocate, said, he was not prepared to admit that such was the case; but he was absolutely certain such jurisdiction did not apply to a summons of an Irish Court of Summary Jurisdiction.

MR. SEXTON

Will the hon. and learned Gentleman say why a summons was not served on the hon. Member for Roscommon?

MR. MADDEN

It would be impossible to obtain a summons for service in England, and the only process that could be obtained for execution in England was a warrant enforceable under the Statute.

MR. SEXTON

Is there no other way of informing a Member engaged in attending to his Parliamentary duties that he is required to answer a complaint against him than that of arresting him and taking him as a prisoner to Ireland?

MR. MADDEN

There are no other means known to the law of effecting the object.

MR. MAURICE HEALY (Cork)

asked, if the sending of an Irish Court summons to a person resident in England would not be as effectual as if the party was in Ireland?

MR. MADDEN

No; there is no statutory provision for serving it; no magistrate would be justified in issuing such a document, and it could not possibly be put in force.

MR. W. REDMOND (Fermanagh, N.)

I would like to ask whether midnight was selected for effecting the arrest of the hon. Member for Roscommon, because the authorities were afraid his arrest in the streets in the course of the day might have caused a tumult?

MR. SPEAKER

Order, order! Sir John Swinburne.