HC Deb 05 August 1890 vol 347 cc1913-4
MR. DILLON (Mayo, E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether an inquiry under the Criminal Law and Procedure (Ireland) Act has been instituted in the town of Tipperary; and, if so, for what purpose; and whether Mr. McCurtin was summoned to give evidence on the 29th July, and on his refusing to be sworn was committed to gaol for a week, and was taken handcuffed through the town on his way to the gaol; and, if so, for what reason handcuffs were used?

MR- JOHN O'CONNOR (Tipperary, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, when Mr. William M'Curtin was being conveyed to Clonmel Gaol on the 29th ultimo, he was handcuffed by the police; what was Mr. William M'Curtin's offence, was he a first-class misdemeanant, and is it usual to put handcuffs on such prisoners; and what was the offence of Morgan Hayes, lately sent to prison from Tippsrary, was he a first-class misdemeanant, and was he handcuffed to a prisoner who had several times been convicted of robbery?

THE CHIEF SECRETARY FOR IRELAND (Mr. A. J. BALFOUR,) Manchester, E.

With the permission of the House I shall now also reply to the two questions of the hon. Member for South Tipperary on the same subject. The inquiry referred to is not one under the statute mentioned; but is the ordinary Magisterial investigation constituted and authorised in indictable cases by the Petty Sessions Act, Section 9, Sub-section 2. The questions asked witnesses are being confined to the subject-matter of the inquiry. M'Curtin was, under the powers contained in that Act, committed in custody for eight days. Handcuffs were used as a crowd was observed to be collecting, and an attempted rescue was apprehended. A man named Morgan Hayes was sent to prison for seven days, with hard labour, in default of paying a fine of 10s. for an assault on a constable when on duty. He was handcuffed to a man who was convicted at the same Court of a minor offence. No record can be found of any recent convictions against that prisoner of the nature indicated in the question.

MR. DILLON

Why were these gross indignities inflicted upon persons accused of trifling offences?

MR. A. J. BALFOUR

In one of the cases there was a charge of throwing an explosive.

MR. DILLON

The only charge against Mr. M'Curtin was that he refused to be sworn, and was sent to gaol for seven days as a first-class misdemeanant.

MR. A. J. BALFOUR

The charge before the Magistrate was throwing an explosive, and Mr. M'Curtin refused to give evidence. In other words, he refused to assist in the administration of justice.

MR. SEXTON

Can the right hon. Gentleman state any fact in justification for the belief that a rescue was apprehended?

MR. A. J. BALFOUR

Such matters must be left to the judgment of the police, who, of course, must act at the moment.