HC Deb 31 July 1890 vol 347 cc1372-3
MR. SEXTON

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, considering that the Law in England allows every person convicted by summary jurisdiction, and sentenced to imprisonment without the option of a fine, the right of appeal to a superior Court, whilst the law in Ireland denies such appeal except when the term of imprisonment exceeds one month, the Government will take any step to modify the system by which Magistrates in Ire- land are able to refuse to increase sentences of one month and under, and so withhold from persons summarily convicted in Ireland the right of review by a superior Court enjoyed in every case as a matter of legal right in England? I wish to explain that the question has been fundamentally altered since I handed it in, and that I did not refer to the ordinary Justices at all.

MR. A. J. BALFOUR

I can only answer the question as it appears on the Paper. The difference between the two countries depends on the terms of the Petty Sessions Act, 1851, which govern all summary jurisdiction. It is impossible without legislation to modify the system, and legislation, even if desirable in the abstract, is obviously impossible in existing circumstances.

MR. SEXTON

Will the right hon. Gentleman introduce a non-contentious Bill to assimilate the law of the two countries; and, if not, will he lay on the Table of the House a declaration that it is expedient to give the same right of appeal to prisoners sentenced in Ireland as that which is now enjoyed by prisoners sentenced in England? The right hon. Gentleman must remember that he promised an appeal in all cases.

MR. A. J. BALFOUR

I deny that, either in public or private, I ever intimated any intention of interfering with the Magistrates in the exercise of their judicial functions.

Several IRISH MEMBERS

You did.

MR. SEXTON

Will the right hon. Gentleman bring in a Bill to assimilate the law of Ireland to that of England in respect of the right of appeal?

MR. A. J. BALFOUR

It would be obviously absurd to undertake to introduce this Session a Bill to make so important a change in the law.

MR. SEXTON

Will the right hon. Gentleman introduce a Bill next Session?

MR. A. J. BALFOUR

I can make no promise of the kind.