HC Deb 26 July 1889 vol 338 cc1426-7
MR. FLYNN (Cork, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the fact that at Killarney, on Saturday last, during the trial of Denis Healy, who was charged with attending a meeting of the suppressed branch of the Irish National League, Mr. Moriarty, the defendant's solicitor, was forcibly ejected from the Court House by order of Mr. Cecil Roche, Resident Magistrate; and if he can state what explanation the Magistrate can offer for giving this order?

MR. A. J. BALFOUR

I understand that it is the case that Mr. Moriarty was expelled from Court. He had been ordered by the Court to desist from interrupting the District Inspector of Constabulary, who was making an application in regard to certain evidence to be taken. He expressed repeatedly his refusal to obey the orders of the presiding Magistrate, thereby rendering, in the opinion of the Court, his expulsion necessary.

MR. FLYNN

I beg to ask the Solicitor General for Ireland if he is aware that at Tralee, on Monday last, Mr. Denis Healy, charged with attending a suppressed branch of the National League, was sentenced by Mr. Roche, Resident Magistrate, to six months' imprisonment with hard labour, and at the expiration of that sentence to find bail himself in £200 and two sureties of £100 each to keep the peace for 12 months; and if he can state what authority is vested in a Resident Magistrate which would enable him to inflict a sentence in excess of the maximum penalty under the Criminal Law and Procedure Act?

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

The legality of a sentence such as that referred to in the question of the hon. Member was fully discussed and affirmed in the case of "The Queen v. Harker," recently decided by the Exchequer Division in Ireland. The report of the Lord Chief Baron's Judgment in that case contains a full statement of the law on the subject. It has been laid on the Table of this House at the request of an hon. Member.

MR. SEXTON

Does the Chief Secretary for Ireland approve of an Act by which a defendant's solicitor, having been forcibly removed from a Court, and the defendant deprived, in consequence, of legal assistance, the defendant should then be convicted and sentenced to six months' imprisonment, with hard labour.

MR. A. J. BALFOUR

I must ask for notice of that question.