HC Deb 19 June 1890 vol 345 cc1340-2
MR. CLANCY (Dublin Co., N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether it is the practice of the Government in any cases to pay the costs of the defence in actions brought against the Irish Constabulary for acts done in their capacity of constables; and, if so, in what class of cases; whether it is the practice of the Government, in cases in which damages are obtained against members of the Irish Constabulary for acts done in their capacity of constables, to defray such damages out of the public funds; and if payment is ever made out of public funds in respect of either costs or damages, under what head in the Estimates is the money voted? Is the right hon. Gentleman aware that m one of these cases a verdict for £100 damages has been given against the police, and is it proposed in that case that the Government shall pay the damages and costs?

MR. A. J. BALFOUR

The rule as to the payment of the legal expenses of constables, against whom proceedings have been taken for acts done by them in the execution of their duty, is the same in the Royal Irish Constabulary, the London Metropolitan Police, and in the Dublin Metropolitan Police. The invariable practice is for the constable, in the first instance, to defend himself; and when the proceedings have terminated, the propriety of indemnifying him is considered and decided by Government. If it be found to be a case for indemnifying the constable, the costs of the defence are charged to the Law Charges Vote, subhead "Defence of Officials," and the damages are charged against the Constabulary Vote, sub-head "Incidental Expenses."

MR. DILLON (Mayo, E.)

Are we to understand that the action of a constable in the discharge of his duty covers a ease in which he has exceeded the limits of his duty; and are we to understand that two or three Law Officers of the Crown, as in the case tried in Dublin yesterday, are retained to defend the constabulary at the cost of the Crown and not of the accused person?

MR. A. J. BALFOUR

That is a question which I must leave to my right hon. and learned Friend the Attorney General for Ireland to answer. What I referred to was an act done by a constable in the execution of his duty. The question whether he exceeded his duty must be decided by the Court.

MR. T. M. HEALY

May I ask the Attorney General whether, in such a case, the expenses of the Law Officers of the Crown in defending a constable would be charged upon the taxpayers if it is found that he acted illegally?

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

I know nothing of the case except from what I have seen in the Public Press. I think the question of the hon. and learned Member had better be put upon the Paper.