§ MR. FLYNNI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, in view of the fact that civil proceedings have been taken by Mr. Thomas Barry, P.L.G., against District Inspector Ball, R.I.C., Fermoy, for alleged assault, he will cause instructions to be issued to the Constabulary Authorities in Ireland not to proceed with the charge against Mr. Barry under the Criminal Law and Procedure (Ireland) Act arising out of the proceedings for which the civil action has been brought by him, until the said action has been brought to a trial?
§ DR. TANNERMay I ask the right hon. Gentleman whether a warrant has been issued for the arrest of Mr. Barry, P.L.G., at the instance of a policeman named Drought, against whom Mr. Barry had previously instituted legal proceedings?
§ MR. A. J. BALFOURI am unable at present to answer the question of the hon. Member for Mid Cork (Dr. Tanner), and, in regard to the other question, it would be a dangerous precedent to lay it down that a prosecution could be deferred by the person prosecuted bringing an action. There seems no ground for fearing that the prosecution will prejudice the civil action.
§ MR. FLYNNIs the right hon. Gentleman aware that Mr. Barry's house was broken into the night before last and Mr. Barry made prisoner? As the case 1347 has been adjourned owing to some legal technicality, will he give instructions that the civil action shall take precedence of any other proceedings?
§ MR. A. J. BALFOURI have received no intimation of the fact mentioned by the hon. Member, and I am unable, in the present state of my knowledge of the circumstances, to lay down a general principle.
§ DR. TANNERIs it not the fact that this member of the Royal Irish Constabulary has already been charged with participating in a savage assault in which a poor woman was killed, and will the right hon. Gentleman remove him from Formoy whore his action is occasioning much disturbance?
§ MR. A. J. BALFOURI have no information that would enable me to reply to the hon. Gentleman.
§ MR. E. HARRINGTONIs the right hon. Gentleman aware that it is the practice of the police when charged with an offence to serve summonses by way of retaliation. Was not that so in the case of Wit hams and Fleming?
§ MR. SPEAKEROrder, order! That is not a question arising out of the answer.
§ MR. E. HARRINGTONI thought I was giving point to the matter by referring to a particular instance. In this case, was it not within the knowledge of the police that Mr. Barry was about to bring a civil action, had he not already taken preliminary steps, and have not the subsequent proceedings of the police been taken by way of retaliation?
§ MR. A. J. BALFOURI have no information to lead me to suppose that that was the case. My impression is the other way.