HC Deb 22 June 1888 vol 327 cc993-4
MR. T. M. HEALY (Longford, N.)

I want to ask the right hon. Gentleman the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the fact that, notwithstanding the decision of the Court of Exchequer, the Resident Magistrate has refused to state a case of a priest of the County Clare, who was charged with illegal assembly in addressing a meeting from a boat on the Shannon, and who was sentenced to one month's imprisonment without bail by Mr. Cecil Roche; and, whether the Government will draw the attention of the Resident Magistrates in Ireland to the rights of the subject in these cases?

MR. CONYBEARE (Cornwall, Camborne)

I wish to ask the right hon. Gentleman, whether it is the fact that in making an application for a mandamus to the Court of Queen's Bench to compel the magistrate to state a case, the application has to be made to a Court of which Mr. Justice Holmes and Mr. Justice Gibson, who carried the Coercion Act, are members?

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

I cannot answer the Question without Notice. With regard to the Question put by the hon. and learned Member for Longford, I have to remind him that the statement made by the Judge had reference not to stating cases generally, but to the action of the magistrates with regard to the one particular subject that came before them. There can be no applicability to the case of Mr. Roche. If the hon. and learned Member thinks Mr. Roche ought to have stated a case, he has ample power to go to the Queen's Bench.

MR. T. M. HEALY

As there is a controversy in regard to the observations of the Judges, will the right hon. Gentleman be able to tell us whether the exact observations which were recorded by a shorthand writer will be laid upon the Table?

MR. A. J. BALFOUR

said, he did not think there was any controversy in the matter. That only arose with reference to some of the Questions that had been put upon the Paper on the subject.

MR. T. M. HEALY

My Question is, whether, on Monday, the right hon. Gentleman will be able to tell us whether we shall be able to have an exact copy of the Judge's observations?

MR. A. J. BALFOUR

I certainly shall be able to answer the Question on Monday.