HC Deb 22 August 1889 vol 340 cc108-10
MR. MAURICE HEALY

I beg to ask the Solicitor General for Ireland whether, on the occasion of the prosecution of Mr. Michael Walsh, at the last Fermoy Petty Sessions, reported in the Cork Examiner of the 14th instant, when the defendant was bound to be of good behaviour, the evidence of the prosecutor, Constable Lane, Royal Irish Constabulary, was taken down in writing; and, if so, whether he can state the contents of the deposition so far as relates to the amount of violence used by the constable?

MR. MADDEN

I understand that the sworn evidence of Constable Lane was that he first tapped Walsh on the shoulder and demanded his name, and that it was only when Walsh would not give his name that he caught him by the collar and stated he would bring him to the Police Barrack. The evidence of the constable was not taken down in writing.

MR. M. HEALY

Is it not the law that the evidence should be taken down in writing?

MR. MADDEN

No, not in a cage of binding over a person to be of good behaviour.

MR. T. M. HEALY

May I ask the right hon. Gentleman the Chief Secretary how long was Mr. Michael Walsh, the bail prisoner, in Cork Gaol before he was stripped of his clothes and had his hair and moustache cut off; by whose instructions and what authority was this done, and was it sanctioned by the Government or the Prisons Board; was Mr. Walsh informed that, under the rules, he was entitled to wear his own clothes and not to be shorn; what "consent" did he give to this treatment beyond submitting; is it alleged that it was necessary for cleanliness to take off his moustache and hair and dress him in prison garb; and will no apology or compensation be offered to Mr. Walsh?

MR. A. J. BALFOUR

The General Prisons Board report that Michael Walsh had been about a quarter of an hour in Cork Gaol when his clothes were changed and his hair and moustache trimmed. It was done by a warder without special instructions from any one. No special information appears to have been given to him as to his being entitled to wear his own clothes and not to be shorn. The prison authorities do not allege that the action was necessary for cleanliness. According to the prisoner's own statement, his moustache was trimmed with his own consent and his hair was also trimmed, and he said he would wear the bail clothes until he wrote home for a change of linen, as he was told that he should change it every week.

MR. T. M. HEALY

Will this outrage be apologised for or compensation granted for it?

MR. A. J. BALFOUR

I do not gather that there was anything done in the nature of an outrage. No doubt the warder committed an error. I will inquire into the matter.

MR. T. M. HEALY

I asked on Tuesday, and I ask again to-day, who is the person who is responsible? This is the second remarkable case which has occurred recently in Cork Gaol. The first was a case in which the Deputy Governor refused Walton the Visiting Justices to see the prisoners. Was this outrage also committed with the sanction of the Deputy Governor?

MR. A. J. BALFOUR

The person who committed the error in this case was not the Deputy Governor but a warder.

MR. T. M. HEALY

Who is the person who is responsible? I have twice respectfully asked the question.

MR. A. J. BALFOUR

And I have answered it respectfully. The warder committed an error; he had no order to do what he did. Therefore, the responsibility rests with the warder.

MR. E. HARRINGTON (Kerry, W.)

Does the right hon. Gentleman know that there was never any rule allowing the cutting off of the hair of an untried prisoner?

MR. A. J. BALFOUR

I believe the hon. Member is correct. I think the rule does not apply to bail prisoners.

MR. T. M. HEALY

When is my question going to be answered? We ask for the name of the person who is responsible.

MR. A. J. BALFOUR

I have attempted to answer the question of the hon. and learned Member; it appears that the warder did this without any orders.

MR. T. M. HEALY

What is the name of the warder?

MR. A. J. BALFOUR

I am unable to say.

MR. T. M. HEALY

I have put this question on two separate days, and I want to know why it is that the Irish Office pays no attention to the form in which a question appears on the Paper?

MR. CHANNING (Northamptonshire, E.)

What steps have been taken to communicate any changes in the Prison Rules to the officials?

MR. A. J. BALFOUR

I will obtain the information if the hon. Member will give notice of the Question. No change applies to this particular case.

MR. T. M. HEALY

I must ask again for the name of the warder?

MR. A. J. BALFOUR

I have already informed the hon. and learned Gentleman that I am not acquainted with it; but if the hon. Gentleman desires to know, I shall be glad to find out.

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