HC Deb 25 April 1890 vol 343 cc1415-6
MR. HAYDEN (Leitrim, S.)

I beg to ask the Attorney General for Ireland whether he has yet decided what course he will take in reference to the charge of fraud under the Arrears Act brought against Mr. Percy Magan, J.P.; whether he has taken any steps to ascertain who derived pecuniary benefit from the alleged false representation made in the joint application; and whether, if he entertained any doubt as to the truth of the charges which have been made, he has availed himself of the offer made to him to furnish further evidence in support of them?

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

In consequence of a former question of the hon. Member I communicated with the Land Commission and have been furnished with the receipt given by Mr. Magan, which does not substantiate the charge of the hon. Member.

MR. SEXTON (Belfast, W.)

Is it not the fact that the landlord in this case made an affidavit that the rent of a certain holding was due and was not paid at a time when it appears from the landlord's own receipt that it had been paid? Under the circumstances, is it not the duty of the Government to institute a prosecution?

*MR. MADDEN

The suggestion made was that Mr. Magan had made an affidavit which was not true. On comparing the receipt with the affidavit I found that the affidavit applied to a holding of £15 a year, whereas the receipt was for £8 15s. Therefore, there is no primâ facie case upon which I can act. Mr. Magan has offered to give any information and submit to any investigation that may be considered necessary.

MR. SEXTON

How is it that the Attorney General in the vindication of the law has not thought it necessary to institute an inquiry? As there was only one holding it is manifest that the receipt must have referred to it.

*MR. MADDEN

No, that is not manifest. The charge was simply based upon an allegation which the documents do not support.

MR. SEXTON

Has the right hon. and learned Gentleman inquired whether there is any other holding?

*MR. MADDEN

As I have already said, the receipt refers to a rent of £8 15s., and the affidavit deals with a holding at £15 a year.

MR. SEXTON

I beg to give notice that I will take an early opportunity of showing that the Irish Executive are endeavouring to screen criminal conduct which it is their duty to prosecute.