HC Deb 27 February 1890 vol 341 cc1342-3
MR. CAREW (Kildare, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that on Tuesday last armed emergency men entered Mrs. Kelly's yard, and refused to leave, though requested by the owner to do so; whether the police in charge, instead of protecting the owner, arrested eight workmen who were engaged on the premises; and whether he can state by what authority emergency men, armed or unarmed, can enter upon premises in legal possession of the owner?

MR. A. J. BALFOUR

The Constabulary Authorities report that, so far as the police are aware, no armed emergency men entered Mrs. Kelly's yard on Tuesday last, nor did anything occur calling for police interference on behalf of Mrs. Kelly, who, as a matter of fact, was not on the premises. The police arrested four men that day, not eight, as alleged in the question. The men were arrested for refusing to desist from working after repeated cautions, and were subsequently discharged, to be summoned.

MR. SEXTON

May I ask whether the police acted legally or illegally in breaking into the house of Mrs. Kelly; and whether, as the illegality in respect to the service of the precept is now admitted, the Government will order the release of Father Kinsella and the other persons now in prison?

MR. MADDEN

I understand that the police had a warrant; and, if so, they had legal power to force open the door. Even if the service of the precept were wrong, that did not affect the question of unlawful assembly, because the way to test the legality of the precept was not to collect a number of persons to disobey it. I do not, however, wish to discuss the ease, as the trial for unlawful assembly is pending; but if the hon. Member forces me to give an answer I can only say that, in my opinion, an assembly to forcibly interfere with a precept cannot be justified because of some technical informality in the service of that precept. It is extremely undesirable to discuss the point, and I must respectfully decline to give any further answer.

MR. CLANCY

Was not the forcing of the door absolutely illegal, seeing that the officers refused to produce the warrant when requested to do so by the persons inside?

MR. MADDEN

My information leads me to infer that the forcing of the door was not illegal, as the police officers had a warrant in their hands at the time.

MR. CLANCY

Does the right hon. Gentleman deny that the warrant was asked for, and that the police officers refused to produce it?

MR. SPEAKER

Order, order.