HC Deb 07 March 1889 vol 333 cc1144-6
MR. T. M. HEALY (Longford, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland can he give a Return of the names, rank, and pay of the Irish officials absent from duty in Ireland to attend the Special Commission, distinguishing the examined and the dates of the examinations from those not called, with the period and dates of their stay in London, and stating in each case if any steps were taken to ascertain approximately when such witnesses would be called, so that the public service might not be dislocated by a prolonged or unnecessary absence?

MR. A. J. BALFOUR

I have more than once stated to the House that I do not think it advisable to print any such Return, at any rate until the labours of the Commission are concluded. I repeat that the Government of Ireland have done their very best to diminish the inconvenience caused by keeping the witnesses in London so long, in obedience to an order of the Court.

MR. T. M. HEALY (Longford, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he will ascertain by whose instructions Head Constable Preston visited in Millbank certain Irish prisoners; what were the dates and objects of his visits; was it at the request of the prisoners; and what duty was Preston doing in England?

MR. A. J. BALFOUR

Head Constable Preston visited Thomas Tracy in Millbank on December 5, 1888, and January 24, 1889. He did not visit any other prisoner. He did not visit Tracy by orders of anyone. He obtained an order to do so through Mr. Soames. The object of his visit was to ascertain by whom Tracy had been tampered with. It was at the request of the prisoner that he visited him. Head Constable Preston was not doing duty in England. He has been here on subpoena as a witness before the Special Commission.

MR. T. M. HEALY

Has the attention of the right hon. Gentleman been called to the fact that it was sworn by one informer that Head Constable Preston communicated with him in Canada and brought him to Mr. Soames's office in London?

MR. A. J. BALFOUR

I do not see what connection that has with the matter.

MR. M'CARTAN (Down, S.)

Is it alleged the witness was not tampered with?

MR. A. J. BALFOUR

I gather that the tampering has not been on the part of the police.

MR. T. M. HEALY

I beg to ask the Secretary of State for the Home Department was it by subpoena, or habeas corpus, or under the Prisons Act, that Irish prisoners were brought over to England for the Times Commission; and was Delaney produced in Court without a subpoena ad testificandum; and, if so, is there any power or precedent for a gaoler producing a prisoner in his custody on a mere subpoena addressed to a prisoner while that prisoner is, by reason of his imprisonment, debarred from obeying or incurring penalties for disobedience thereto?

MR. MATTHEWS

The Special Commission have issued summonses and addressed orders to the governors of Irish prisons to bring over to England prisoners confined in Irish prisons, for the purpose of giving evidence before the Commission. By 51 and 52 Vic, c. 35, s. 2, these summonses are equivalent to any form of process, capable of being issued in any action for enforcing the attendance of witnesses. Delaney was produced before the Special Commission under such a summons and order. I may refer the hon. Member to 44 Geo. III., c. 102.