HC Deb 18 August 1890 vol 348 cc1212-4
MR. SEXTON (Belfast, W.)

I wish to ask the Chief Secretary two questions, the first of which has reference to the probable state of famine in Ireland owing to the potato blight. In view of the fact now stated that famine fever has broken out in more than one place and that potatoes are at the famine price of 10d. a stone, will he still decline to take upon the Government the responsibility of dealing by exceptional means with such a state of affairs? My second question has reference to the decision come to in the case of Mr. Gill, the engineer, who has been sentenced to 14 days' imprisonment with hard labour, and who has also been ordered to find bail for a year, with the alternative of an additional imprisonment for a month for having jostled a police constable upon a public crossing. I wish to know whether it is intended to enforce this sentence?

MR. A. J. BALFOUR

With regard to the first question, I have to say that I have received no Report of the outbreak of famine fever, nor indeed any Report since I replied to a similar question on Friday. Undoubtedly, the accounts of last week darkened the prospect, but I think it is still premature to make any statement as to the possible results of the potato blight. With regard to the case of Mr. Gill, I believe that it was fully considered by the Magistrates before whom it was brought, and I see no reason to interfere with the decision at which they arrived.

MR. SEXTON

Is the right hon. Gentleman aware that the police constables were obstructing a public thoroughfare, and that Mr. Gill thought he had a right to use it? That is a matter of novelty, and is one which the Executive might feel it their duty to take notice of in ordering the reversal of the whole or some part of the sentence. At any rate, will they afford Mr. Gill facilities to test the question of law? There is a very general opinion that the authorities have acted most harshly in the matter.

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

If Mr. Gill desires to raise a legal question, I apprehend that it would be by an application to a Judge of one of the Superior Courts; and if the Judge were to direct the Magistrates to state a case pending the result of his appeal he would be set at liberty as a matter of course.

MR. SEXTON

In the event of such an application being made, will the Crown undertake not to take advantage, as has been done in other cases, of any technicality their ingenuity may raise to oppose the application?

MR. MADDEN

It is not the fact that the Crown have ever taken such a course. There was a case in which a very serious question of law was raised, and the Crown felt it their duty to see that the issue was properly submitted to the Court. But the Crown never has interposed, and never will interpose, any obstacle in the way of having a legal question, frivolous or vexatious, fairly raised, especially when it has reference to a person actually in custody.

MR. SEXTON

Considering the extraordinary severity of the initial sentence—14 days' hard labour for jostling a constable—will the Irish Government insist on the further order to find bail for 12 months' good behaviour by a gentleman who occupies a respectable position, and against whom nothing can be alleged? May I ask the right hon. Gentleman not to enforce that part of the sentence which relates to the finding of bail?

MR. A. J. BALFOUR

I cannot go further than I have already gone. All I can say is, that when I get a full Report of the case, which I have not yet had, I will carefully consider the whole of the circumstances. I cannot promise to do more than that. I am unable to accept the statements which have been made without further examination.

MR. J. O'CONNOR

Considering that this gentleman has been sentenced to 14 days' imprisonment with hard labour, and that it will take some time to get up the evidence he desires to lay before the Court, if he is allowed to make an appeal, will the Government see their way in the meantime to order the release of Mr. Gill?

MR. SEXTON

If a solicitor, on Mr. Gill's behalf, intimates that it is his intention to prosecute an appeal, will Mr. Gill be released pending the appeal?

MR. MADDEN

An application can be made to the Court, and if the Court directs the Magistrates to state a case, the defendant can at once be released. The Government have no power to interfere.