§ MR. SEXTON (Belfast, W.)asked the Chief Secretary if he would now say ii Section 11 of the Irish Prisons Act of 1887 would be applied for the purpose of holding a public inquiry into the treatment of Mr. William O'Brien in prison; and, if so, how soon that inquiry would be held?
§ *MR. A. J. BALFOURAn inquiry is being held, but I think it is impossible and improbable that it can be of a public character. I do not know that that was ever contemplated. After that inquiry is concluded I shall lay the result on the Table of the House, and when that has been done it will be for the right hon. Gentleman the Member for Mid Lothian, and others who think with him, to say whether they desire any further inquiry. I will then consider whether a further inquiry should be granted, though I do not think it would be a good precedent to do so.
§ SIR W. HARCOURT (Derby)When will these statements be presented?
§ *MR. A. J. BALFOURI am anxious that they should be presented as soon as possible. The investigation is not absolutely concluded yet, and until that is done the papers cannot be presented.
§ MR. SEXTONIs the right hon. Gentleman aware that Section 11 of the Act of 1877 does not exclude publicity, and is he willing that the parties concerned should appear by counsel, so that they may have the ordinary means of testing the witnesses by cross-examination?
§ *MR. A. J. BALFOURThe inquiry is being held in accordance with ordinary and unbroken precedent. I do not think the hon. Gentleman is justified in coming to the conclusion that the evidence taken in the inquiry will be unworthy of credence.
§ MR. SEXTONDoes the right hon. Gentleman mean to say that the inquiry suggested to him a week ago has already been held?
§ *MR. A. J. BALFOURNo, Sir; the inquiry the right hon. Gentleman asked for has not been held, nor is it going to be held. He asked for an inquiry which would have formed a most inconvenient and injurious precedent, and 414 under the circumstances I did not carry out his suggestion; but I did order an inquiry under the ordinary practice of the Prisons Board. The result of that inquiry will be laid before the House, and it will be for the House to determine what view they take of the evidence.
§ MR. T. M. HEALY (Longford N.)By whom is the inquiry being conducted?
§ *MR. A. J. BALFOURBy a prison inspector. I think it is Mr. Joyce.
§ MR. T. M. HEALYHas Mr. O'Brien been examined before this inquiry?
§ *MR. A. J. BALFOUROf course the inquiry cannot be regarded as concluded until Mr. O'Brien has been examined.
§ MR. SEXTONCan he appear by counsel; has he been informed of the names of the witnesses against him; and will he be allowed to cross-examine them?
§ *MR. A. J. BALFOURI believe not. I have ordered this inquiry under the ordinary method, and I believe it is not part of the ordinary method of such inquiries that there should be cross-examination of the witnesses. Mr. O'Brien will be examined, and the result of the inquiry laid before the House.
§ MR. CONDON (Tipperary E.)Will the Visiting Justices of Clonmel be examined before the inquiry?
§ *MR. A. J. BALFOURIf their evidence is directly material, I presume they will.
§ SIR W. HARCOURTWill Mr. O'Brien be made acquainted with the evidence of the other witnesses given against him?
§ MR. A. J. BALFOURI do not know whether the evidence of the other witnesses will be given for or against Mr. O'Brien. The inquiry will be held under the ordinary practice, and the usual course will be followed.
§ MR. CONDONWho is to determine whether the evidence of the Visiting Justices is relevant or otherwise?
§ MR. A. J. BALFOURI suppose, Sir, the inspector who conducts the inquiry.