HC Deb 08 April 1892 vol 3 cc975-8
MR. W. O'BRIEN (Cork Co., N.E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he is aware that the 19 families about to be evicted on Clare Island were last year saved from starvation by public relief, and that the land agent who is responsible for carrying out the evictions is the same person who, as Sub-Sheriff of the county, will have the right of requisitioning the forces of the Crown to assist at the evictions; and will the Government continue this gentleman in his office as principal executive officer of the law in the county?

* MR. JACKSON

I am not aware of the circumstances of the tenants referred to against whom ejectment processes have been issued. I believe the agent also holds the office of Sub-Sheriff. The appointment is made not, as the hon. Member seems to suppose, by the Government, but by the High Sheriff.

MR. W. O'BRIEN

May I ask the right hon. Gentleman, is it not a fact that the Sub-Sheriff is the nominee of the Sheriff, and has not a Sheriff again and again been removed by the Government, for example in the case of the hon. Baronet the Member for South Dublin (Sir T. Esmonde.)

* MR. JACKSON

I believe the Sub-Sheriff is appointed by the High Sheriff, but I am not aware that the Government have any power in the matter, certainly they have no voice in the appointment.

MR. W. O'BRIEN

But I have referred the right hon. Gentleman to the case of the hon. Baronet the Member for South Dublin, who was High Sheriff for Waterford.

* MR. JACKSON

Yes; High Sheriff, not Sub-Sheriff.

MR. W. O'BRIEN

The Sub-Sheriff is the nominee of the High Sheriff.

* MR. JACKSON

He is appointed by the High Sheriff.

MR. W. O'BRIEN

To save the time of the House, may I ask the right hon. Gentleman this? Is he able to give an undertaking that in reference to all these undertakings he will deal with the agent—the landlord's agent in this case—in the same manner in which his predecessor, the right hon. Gentleman the Member for Bristol (Sir Michael Hicks Beach), dealt with the agent of Lord Clanricarde?

* MR. JACKSON

I have no knowledge of the circumstances to which the hon. Member refers. I can only deal with cases as they arise. I have said I have no knowledge of the circumstances of the tenants against whom processes are issued, but I am willing to act to the best of my ability when circumstances arise requiring decision.

MR. W. O'BRIEN

Is not the right hon. Gentleman aware, is it not notorious, that the right hon. Baronet the Member for Bristol acting, as he stated, within the law, felt it his duty to remonstrate with the agent of Lord Clanricarde, and to intimate to him that unless he showed a more reasonable spirit the forces of the Crown would be withheld from his assistance?

MR. SEXTON

It will be very convenient to the House if the right hon. Gentleman will endeavour to give a more satisfactory answer. I would ask the right hon. Gentleman whether the power to supersede the High Sheriff is not vested in the Lord Lieutenant, who is a Member of the Government; whether he will consent to bring to the notice of the Lord Lieutenant the fact that the Sub-Sheriff appointed by the High Sheriff of Mayo is at the same I time the agent for the landlord, thus acting in a double function—procuring decrees against the tenant as agent and as Sub-Sheriff executing those decrees? I ask the right hon. Gentleman whether he will bring these facts to the knowledge of the Lord Lieutenant, with a view to the Lord Lieutenant compelling the Sheriff, under pain of supersession, to select a Sub-Sheriff who does not unite these double functions?

* MR. JACKSON

No circumstances have been brought to my knowledge to show that any unreasonable action has been taken, any action to which objection can be taken. I should be acting beyond my powers, with the information before me, if I were to give an undertaking that I would ask the Lord Lieutenant to compel the High Sheriff, on pain of supersession, to dismiss a man against whom, so far as I know, no well-founded complaint has been made that he has acted otherwise than that of simply carrying out the law in the cases referred to. If any circumstances are brought to my knowledge that seem to demand that action should be taken action shall be taken, but it is quite obvious that I cannot in the entire absence of all information give an undertaking of the kind. I have no particulars upon which I can form an opinion or come to a conclusion that the slightest blame attaches to that officer.

MR. T. M. HEALY (Longford, N.)

I ask the right hon. Gentleman if it is reasonable that the agent should make fees in a double capacity—first, the money he will get for carrying out the evictions as agent, and then the fees he will get for carrying out the evictions as Sheriff? Is it reasonable that the agent as Sheriff should be able to enforce the process of the law and make money out of the transaction in both capacities, thereby, as agent, having a premium for carrying out the evictions as Sheriff? I ask the right hon. Gentleman whether the uniting of these functions is not so objectionable that he will say to the Lord Lieutenant that he will allow no agent as Sheriff to carry out his own evictions?

MR. M. J. KENNY (Tyrone, Mid)

Is there not a process open to the landlord in this case by which he need not take proceedings by his agent, but could proceed by special bailiff?

* MR. JACKSON

It would not be well for me to answer questions of that kind offhand; but if any hon. Member will supply any information he desires to lay before me I shall fully consider it; but I cannot, without notice and without information being supplied to me in a form in which I can have time to consider it, give the undertaking asked for.

MR. SHEEHY (Galway, S.)

May I ask the right hon. Gentleman whether it is not the law that the High Sheriff is not to execute any decree which he has obtained himself as Sheriff, and whether this is not a case of a Sub-Sheriff executing a decree which he has obtained himself as Sub-Sheriff?

MR. W. O'BRIEN

I shall hope to be able to press on the right hon. Gentleman the information on the strength of which we think the intervention of the Government is necessary.