HC Deb 08 July 1890 vol 346 cc1094-5
MR. FLYNN (Cork, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the fact that the civil action of Mr. Thomas Barry, P.L.G., against D. J. Ball, is fixed for trial on, Thursday next, the 10th instant; if he is aware that Mr. Barry is now confined in Cork Gaol as a bail prisoner for the alleged offence arising out of the proceedings in connection with which the civil action is being brought against the District Inspector; and whether the Prison Authorities will produce Mr. Barry, or cause him to be produced, in Court on Thursday, in order that he may give evidence in support of his own cause of action?

MR. A. J. BALFOUR

As this question appears on to-day's Paper without previous notice, I have been unable to obtain a Report on the matter of fact referred to in the first paragraph. The General Prisons Board report that the prisoner mentioned is at present in Cork Prison for refusing to give bail in respect to an assault, but whether in connection with the case referred to in the question they are not aware. The Prisons Board have no power to act as suggested in the last paragraph; but it is open to the bail prisoner's advisers to obtain a writ of habeas corpus, which would be at once complied with.

*MR. FLYNN

In view of the fact that the civil action is to be tried on Thursday next, and that this man had this charge sprung suddenly upon him, I want to ask the right hon. Gentleman whether he thinks it too much to telegraph to Ireland to instruct the Constabulary Authorities to take the necessary steps to allow this man to be heard as a witness in his own civil action?

MR. A. J. BALFOUR

There is a perfectly well understood form of procedure by which this gentleman can get permission to attend.

MR. SEXTON (Belfast, W.)

But might not this gentleman be saved the expense of going through that form by the Lord Lieutenant?

MR. A. J. BALFOUR

I should very much doubt if we have power to do that.