HC Deb 29 November 1888 vol 331 cc523-5
MR. T. M. HEALY (Longford, N.)

asked the First Lord of the Treasury, What steps he intends to recommend the House to take with regard to the communication from one of Her Majesty's Judges affecting the character of one of its Members? My Question has particular reference to the passage in the letter of Mr. Justice North read yesterday to the House, charging the hon. Member for Kennington (Mr. Gent-Davis) with appropriating to his own use, and neglecting to pay into Court, a large sum of money received by him in a fiduciary character.

THE FIRST LORD (Mr. W. H. SMITH) (Strand, Westminster)

I have considered the Question which the hon. and learned Member put on the Paper, and I do not see that it would be my duty to ask the House to take any action in the matter. I am not in possession of any information which would justify me in taking that course. I wish to remind the House and the hon. and learned Gentleman that I should take a very serious responsibility upon myself if I were to proceed, even on the statement of the learned Judge, to ask the House to pronounce a judgment upon the financial transactions, or even the fiduciary relations of an hon. Member of this House.

MR. CONYBEAYRE (Cornwall, Camborne)

Can the right hon. Gentleman give any information as to the probable date of the release of the hon. Member; and whether it is true, as reported, that the sum required to be paid by the order of the Court was found by the Tory Party, and paid into Court yesterday?

MR. W. H. SMITH

I have no information whatever on the subject. It appears to me to be no part of my duty to answer questions of that kind.

MR. E. ROBERTSON (Dundee)

May I ask the right hon. Gentleman whether, before coining to the conclusion he has just announced, he consulted the precedents on the subject, in particular those referred to in Sir Erskine May's book on The Practice of Parliament, in which it is shown that, among the causes for which expulsion of Members has been decreed in this House, are those of having been guilty of forgery, perjury, frauds, and breaches of trust; and, whether this case does not come within, at least, the primâ facie description of frauds or breaches of trust.

MR. W. H. SMITH

With all respect to the hon. and learned Member, I think it is unreasonable that I should be called upon to answer a question of that kind without any Notice whatever. It is most undesirable that the person holding my position in the House should act hastily or rashly in any question affecting the honour and character of any Member of this House.

MR. E. ROBERTSON

I beg to give Notice that to-morrow I shall ask the right hon. Gentleman whether he has consulted—["Order!"]

MR. T. M. HEALY

Unless action is taken by the Government in the meantime, I beg to give Notice that on Tuesday I shall move— That Mr. Speaker do issue his Warrant to the Clerk of the Crown to make out a writ for the election of a Member to serve in the present Parliament for the Division of Kennington, in room of R. Gent-Davis, esq., who, since his election, has been found guilty by a Judge of Her Majesty's High Court of appropriating to his own use, and neglecting to pay into Court, a large sum of money which was received by him in a fiduciary character.