HC Deb 22 April 1890 vol 343 cc1072-3
DR. TANNER

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if his attention has been directed to a prosecution brought by a policeman named Balls, stationed at Fermoy, against Mrs. Foley, a respectable publican of Watergrasshill, for displaying a flag with the inscription "Cead Mille Failthe" from her house and place of sale; whether he is aware that it was sworn by another policeman that the flag was no obstruction, and that both the magistrates, after declaring that they were not acquainted with the law under which the prosecution was brought, and had never heard of any similar prosecution dismissed the case; by whom is the cost of this prosecution borne; and whether any remonstrance will be addressed to the policeman in question?

MR. A. J. BALFOUR

I am informed that proceedings were instituted against the publican mentioned for persisting in a breach of the Licensing Laws after warning. The statements in the second paragraph of the question are true; but with this important addition, that an offence had been proved under the law; but that, as the defendant did not seem to be acquainted with the law in the matter, they dismissed the case with a caution. There were no costs incurred by the prosecution beyond the ordinary 1s. stamp on the summons. The local police were acting in the discharge of their duty.

DR. TANNER

Will the right hon. Gentleman kindly answer the second part of the question, whether the magistrates did not state that they were utterly unacquainted with the law under which the prosecution was brought, and having never heard of any similar prosecution, they dismissed the case?

MR. A. J. BALFOUR

I have said that the facts are as they are stated in the second paragraph of the question.

DR. TANNER

Am I to understand that this is the first case in which this man Balls has offended in a similar manner?

MR. A. J. BALFOUR

The hon. Gentleman must not understand that the officer referred to exceeded his duty.

DR. TANNER

I beg to give notice that upon the Estimates I will again bring the matter under the notice of the right hon. Gentleman.

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