§ MR. ARNOLD-FORSTER (Belfast, W.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, at the trial of the case of the "Queen v, Moray and Clune," heard at the Munster Assizes on Tuesday, the 12th instant, out of a panel of 74 jurors, 41 persons believed to be Roman Catholics were challenged; and whether this step was taken with the sanction of the Irish Government?
§ MR. SEXTON (Kerry, N.)At the same time, I will ask whether it is the practice for agents of the Government to collect information with respect to the religious persuasions of persons summoned to act as jurors in criminal cases, and to supply such information to the officials who act on behalf of the Government in directing jurors called to be sworn to stand aside?
§ MR. BRYCE (for Mr. J. MORLEY)I am informed that the powers of challenging jurors is exercised in open Court, and that it can be ascertained from the public Press what was the number of jurors ordered to stand aside. In this or in any other similar case the Irish Government gave no instructions whatever. Speaking for this and similar cases, they have no knowledge whatever, nor did they make any inquiry into the religious belief of any juror. It is not the practice of the agents of the Crown to collect, nor have they received or supplied any information with respect to the religious creed of persons summoned to act as jurors.
§ MR. ARNOLD-FORSTERI wish to ask the right hon. Gentleman two questions arising out of that answer— namely, whether it is a fact that 41 persons out of 74 were ordered to stand aside, and also whether it is a fact that the representatives of the Crown on the occasion had any knowledge of the persons ordered to stand aside?
§ MR. BRYCEI believe the number was not 41; so far as I know, the number was 39. The representatives of the Crown did not know the religious belief of the persons so ordered to stand aside.
§ MR. SEXTONI assume from the reply of the right hon. Gentleman that he is unable to say whether it is a fact that the 39 persons were Catholics, and whether an exclusively Protestant jury was sworn. I also wish to ask whether the gentleman who acted in Court on behalf of the Crown had before him, when he so acted, information as to the religious persuasions of the persons who were challenged?
§ MR. BRYCEI am informed that the agent of the Crown Solicitor had no information with regard to the religious belief of these persons, but that he ascertained it subsequently from a person who told it to him in Court after the jury had retired—that the jury, in fact, consisted of seven Roman Catholics and five Protestants. Before the jury retired, and while the case was being heard, the Crown Solicitor had no knowledge whatever of their religious belief, and I have no knowledge what was the religious belief of the persons challenged.
§ MR. ARNOLD-FORSTERWere any instructions given to the representatives of the Crown?
§ MR. BRYCENo instructions or information was given, and the person who represented the Crown had, I am told, no knowledge of the religious belief of the persons challenged.
§ MR. SEXTONThe information which is in our possession leads us to conclude that the jurors challenged were all Catholics, and that the jury was exclusively Protestant. I wish to ask the right hon. Gentleman whether the Government have any objection to instruct their local agents in Ireland that no information as to the religion of persons summoned to act as jurors is to be collected or used for the purpose of 1594 applying a religious test on the question as to whether or not any persons summoned are competent to act as jurors?
§ MR. BRYCEI am informed that no instructions whatever are now given to Crown Solicitors relating to the religious belief of jurors. The substance of the rule under which the Crown Solicitor acts is already known to the House. That rule gives no instruction whatever to the Crown Solicitor to make any inquiries as to the religious persuasion of the persons summoned to act as jurors, and he is not so instructed by the Irish Government. I have already stated that it appears that on this jury there were seven Roman Catholics.
§ MR. SEXTONMy point is this: that in the absence of instructions to the contrary, the thing may be done, and is, in my opinion, done. What I ask is this: whether the Government have any objection to issuing instructions to Crown Solicitors in Ireland that they are not to collect, or to obtain, or to use information as to the religion of jurors, for the purpose of excluding Catholic jurors from the box?
§ MR. BRYCEAccording to the information supplied to me, they do not do so, and there does not appear to be any necessity for issuing a rule forbidding them to do that which is not now their practice.
§ MR. SEXTONAs this answer does not satisfy us, we shall be obliged to take an opportunity of moving that it is expedient that such instructions be issued.
MR. T. M. HEALYCan the right hon. Gentleman inform us how Mr. Curran, the Crown Solicitor for Clare, became acquainted with the position of the Cork jurors without some special local information?
§ MR. BRYCEThat is a question of which notice would be required; but I may say I have no information whatever on the subject.
MR. T. M. HEALYI think it is highly essential that we should know how a gentleman from a different county prosecuting at the Winter Assizes at Cork became acquainted with the religion of gentlemen summoned to act as jurors, so as to be able to challenge 39 of them.
§ [No reply was given.]