HC Deb 22 March 1889 vol 334 cc524-6
MR. SEXTON

asked the Chief Secretary for Ireland whether the inquiry into the prison treatment of Mr. William O'Brien was to be held by a member of the Prisons Board or an inspector; whether Mr. O'Brien might be represented by counsel; whether he would be present during the examination of witnesses, and whether the witnesses might be examined by him or his counsel; whether persons interested might be present at the inquiry; whether he visiting justices and chaplains who could give evidence would be summoned; whether every witness would be sworn; whether the evidence would be taken down by a sworn shorthand writer; and how soon he expected to lay a copy of the evidence upon the Table?

MR. A. J. BALFOUR

In accordance with the usual practice, the inquiry is being held by an inspector, and without the presence of counsel. The inquiry is not into any accusations made against Mr. O'Brien, and he has, therefore, no right to be present during the examination of other witnesses or to cross-examine them, Mr. O'Brien will be afforded full oppor- tunity for giving his own testimony. All persons, who it is believed can give material evidence, will be called, and all witnesses will be sworn. In accordance with the invariable practice the evidence is taken down in longhand, and each witness's deposition is signed by him after he has heard it read. The result will be laid on the Table as soon as possible after the close of the inquiry.

SIR W. HARCOURT

Who will cross-examine the witnesses?

MR. A. J. BALFOUR

The inspector who carries out the investigation.

MR. SEXTON

Is the right hon. Gentleman aware that in Dundalk Gaol, in 1881, when suspects were imprisoned under Mr. Forster's Act, an inquiry was held respecting the officials; that then prisoners were allowed to be present during the examination of the officials and to cross-examine the officials, although no accusation was made against the prisoners—they were the accusers; whether that precedent would be followed on the present occasion, and, if not, why not; also, whether Mr. O'Brien has agreed to be examined; and whether the Mayor of Clonmel and others who may tender themselves to be examined will be examined?

MR. A. J. BALFOUR

If any person can show that he is able to give material evidence, I should say that he will be examined. But I understand that the Mayor of Clonmel derived his information from Mr. O'Brien, and therefore it might not be necessary for him to be examined in addition to Mr. O'Brien. With regard to the precedent, I never heard of it; but it is obvious that it is not on all fours with this case, for it would appear that the prisoners then made accusations against the prison officials, and no accusation has been made by Mr. O'Brien.

MR. SEXTON

The right hon. Gentleman forgets that Mr. O'Brien has made charges against the prison doctor who met him on his entrance into prison, and against the warders who assaulted him.

MR. A. J. BALFOUR

This investigation was not instituted on the request and complaint of Mr. O'Brien. With regard to the precedent quoted, I will inquire, but I am told there is no such.

MR. COX (Clare, E.)

I was one of the prisoners in 1881, and I was ex- amined and was present at the examination of the officials, and cross-examined the warders.

MR. T. M. HEALY

If this is not a case of complaint against the prison officials, what is it?

*MR. SPEAKER

Order, order!