§ MR. DILLON) (Mayo, N.I wish to ask the right hon. Gentleman the Chief Secretary for Ireland a question without notice. It is, whether his attention has been directed to the occurrences at Waterford Gaol two days ago, when the Governor of the prison refused to admit to bail two prisoners who had a right to be admitted to bail, on the ground, as the Governor stated, that he would not take any bail unless a Resident Magistrate was present; whether this action by the Magistrate was in accordance with the law; whether the excuse given to the two gentlemen who were detained in gaol for 24 hours after they ought to have been released is that the Governor telegraphed to Dublin for instructions, and that the telegraph clerk made a mistake in the reply which was sent; and whether it is not the duty of all Governors of Irish prisons to know under what circumstances prisoners should be admitted to bail?
§ MR. MADDENPerhaps, as I am aware of the facts, the hon. Gentleman will allow me to answer the question. It is the fact that the Governor of the gaol telegraphed to the Prisons Board for instructions. The reply sent was that an ordinary Magistrate could act; but by an error—a rather important error—in transmitting the telegram it arrived in the form that an ordinary Magistrate could not act. That was the cause of the regrettable incident. The hon. Member is quite correct in his views as to the law.
§ MR. DILLONThis is really a matter of considerable importance. These gentle- 696 men were detained in prison illegally for 24 hours. I want to know why the Governor telegraphed for instructions at all. The law affecting bail prisoners ought to be known to every Governor in Ireland who understands his duty; and what the Attorney General for Ireland has failed to answer is, whether it is not the duty and business of Irish Governors of gaols to know under what circumstances they can admit, or must admit, to bail prisoners who are lying under rule of bail. Did not the Governor in this case break the law, which he ought to have known? If so, what course do the Government intend to take to show their disapprobation of the Governor's conduct?
§ MR. A. J. BALFOURThe idea of reproving the Governor for breaking the law in this case has never entered my head. No doubt it would have been desirable that the Governor should have been thoroughly acquainted with the law, but as he was not certain he did the best thing he could, and telegraphed to Dublin for specific instructions. The error arose, not out of any laches on the part of the Governor, but out of the blunder of the telegraph clerk.
§ MR. DILLONAre we to understand that these gentlemen who were illegally detained are to have no redress at all, and does the right hon. Gentleman mean to say that it is not the duty of the Governors of Irish prisons to understand the most elementary conditions of their duty? I would ask whether the Governor's ignorance of the law is not the result of gross and culpable negligence?
§ MR. A. J. BALFOURI cannot agree with the hon. Member as to the applicability of the epithets which he has used. If these gentlemen have been wrongfully detained, they have a legal remedy.