HC Deb 22 June 1888 vol 327 cc984-5
MR. T. M. HEALY (Longford, N.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether a copy of the shorthand writer's notes of the Judgment of the Court of Exchequer in the Killeagh habeas corpus cases can be laid upon the Table; whether the Government will re-consider, in the light of this decision, the cases of such prisoners as the Milltown Malbay men, whose sentences for refusal to supply goods have been confirmed on appeal, and who are, therefore, deprived of further legal remedy; would it be possible, under the County Court Acts, for Rules to be framed by the County Court Judges, so that the convictions they affirm under the Criminal Law and Procedure Act should in all cases refer to the evidence on which the convictions were grounded, so that it may be possible for prisoners under sentence after appeal to test the legality of their imprisonment by habeas corpus; will any steps be taken in fulfilment of the pledge of the right hon. Gentleman last year, reported in Hansard, vol. 315, p. 284, as follows:— There will be an appeal in every case to a County Court Judge, and if, on legal technicalities, the County Court Judge is objected to, the Government will be prepared to consider a plan for giving an appeal in cases in which a legal difficulty may be involved to a still higher tribunal: and, if he can state how many persons are still confined under sentences confirmed on appeal for conspiracy to compel and induce others to do or abstain from doing certain acts?

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

I have been asked to answer this Question, as it is mainly of a legal character; but as it only appeared upon the Paper to-day, I must ask the hon. and learned Gentleman to postpone it.

MR, T. M. HEALY

This is a matter of some little importance, and I think an answer should have been given. I gave Notice of the Question yesterday, and I do not consider that it is a matter of an entirely legal character. I ask in the Question, will any steps be taken in fulfilment of the pledge of the right hon. Gentleman, reported last year in Hansard, which was— There will be an appeal in every case to a County Court Judge, and if, on legal technicalities, the County Court Judge is objected to, the Government will be prepared to consider a plan for giving an appeal in cases in which a legal difficulty may be involved to a still higher tribunal. Surely a Question as to the carrying out of that pledge is not a Question of a legal character.

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

The hon. and learned Gentleman is perfectly correct in regard to the fact that he gave Notice of this Question yesterday; and I may tell him that I telegraphed over at once to Dublin to get the necessary information. With regard to the subject itself, it has been thrashed out more than once in this House.

MR. T. M. HEALY

Can the right hon. Gentleman refer me to one instance in which the question was thrashed out?

Mr. A. J. BALFOUR

I have heard allusions on several occasions to this question in debate.

DR. TANNER (Cork Co., Mid)

You said thrashed out.

MR. A. J. BALFOUR

I cannot give any date.

MR. T. M. HEALY

said, that he desired an answer to the first part of the Question. Surely it was ascertainable as to whether the shorthand writer's notes of the Judge's decision would be laid upon the Table?

MR. A. J. BALFOUR

That is one of the questions we have referred to Dublin about. I do not know that there were any shorthand writer's notes.

MR. T. M. HEALY

There were.