HC Deb 03 February 1893 vol 8 cc384-6
MR. JOHNSTON (Belfast, S.)

In putting this question, perhaps I may say I have had great pleasure in working with Sir Thomas Brady before I was dismissed from the office of Inspector of Irish Fisheries for making a Protestant speech. I beg to ask the Secretary to the Treasury whether, considering the distinguished and special services rendered to the State by Sir Thomas Brady, late Inspector of Irish Fisheries, during a period of nearly 46 years, as testified by letter from His Excellency to Sir Thomas Brady, and his having been compulsorily retired from his office under an erroneous impression and advice that the Order in Council of 19th August, 1890, requiring all Civil servants who had attained the age of 65 to retire from the Public Service, applied to his office, the Treasury will exercise the powers given to them by the Superannuation Act to meet the case of such special services as have been rendered to the State by Sir Thomas Brady, and confer on him a pension equal to the amount of his salary when he was retired from the Public Service?

MR. BURDETT-COUTTS (Westminster)

When answering the question, would the right hon. Gentleman the Secretary to the Treasury say whether he will be willing to lay upon the Table the correspondence between the Treasury and the Irish Fishery Board on the subject of the retirement of Sir Thomas Brady?

MR. DANE (Fermanagh, N.)

Before the right hon. Gentleman answers the supplementary question of the hon. Member for Westminster I should like to put another question to him. Will he undertake to lay on the Table of the House the Judgment of the Master of the Rolls in Ireland in the initial hearing of Sir Thomas Brady's case?

*THE SECRETARY TO THE TREASURY (Sir J. T. HIBBERT,) Oldham

An Inspector of Irish Fisheries is an officer within the operation of the Order in Council, and his retirement is compulsory, under Clause 10, on his attaining the age of 65. This point was raised by Sir Thomas Brady on a Petition of Right, and was decided against him by the Master of the Rolls and by the Court of Appeal. Sir Thomas has been awarded the full pension sanctioned by Section 2 of the Superannuation Act, 1859, for diligent and faithful service, and I cannot hold out any hope of its being increased.

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

I would ask the right hon. Gentleman whether the opinion he has expressed as to the effect of the decision of the Court of Appeal and the Rolls Court is his own opinion of the construction of the Judgments or the opinion of the Attorney General for England or anyone connected with the Legal Profession in this country?

SIR J. T. HIBBERT

The decision I have referred to is the one arrived at in two Courts.

MR. T. M. HEALY

Does the right hon. Gentleman act on his own opinion as to the construction of the Judgments, or have they been submitted to competent legal authorities?

SIR J. T. HIBBERT

The Judgments have not been especially reported upon to me.

MR. W. REDMOND (Clare, E.)

In view of the fact that all parties in Ireland strongly desire to have the suggestion of the hon. Member for Belfast which is contained in this question carried out, I would ask whether the Treasury could not re-consider their determination? Could they not do this in view of the special facts of the case?

SIR J. T. HIBBERT

If any special facts can be brought forward showing that this ease ought to be taken out of the general run of cases of this kind no doubt the Treasury will be willing to consider such facts, if submitted.

*MR. DANE

I would ask the right hon. Gentleman if he himself has had an opportunity of reading the Judgment passed by the Master of the Rolls in Ireland, and the Judgment of the three Judges who decided the appeal in the Court of Appeal in Ireland; and if he is aware that the majority of the Court of Appeal in Ireland decided that they had no power to inquire into the reasons why His Excellency the Lord Lieutenant dismissed Sir Thomas Brady; and if he is further aware, as a matter of fact, that it was admitted in both Courts that His Excellency had dismissed Sir Thomas Brady under an erroneous impression of law, having been wrongly advised that the Order of Her Majesty's Privy Council in England operated in Ireland?

SIR J. T. HIBBERT

I may say I was not Secretary to the Treasury when this matter was decided, and therefore I have not thought it my duty to read the decision of either Court.

MR. LANE

Perhaps the right hon. Gentleman will re-consider the matter and read the decisions.

MR. MACNEILL (Donegal, S.)

I wish to ask my right hon. Friend the Chief Secretary for Ireland whether he is aware, as a matter of fact, that Sir Thomas Brady was dismissed by the last Government, and that his place was filled by Mr. Cecil Roche?

MR. J. MORLEY

Yes; I understand that both statements are correct.

MR. W. REDMOND

Might I ask she First Lord of the Treasury whether he would be good enough to look into the case of Sir Thomas Brady, and see whether he cannot meet a demand that comes generally from the Irish Members?

THE FIRST LORD OF THE TREASURY (Mr. W. E. GLADSTONE,) Edinburgh, Midlothian

; I do not think I need apologise to the House for not being acquainted with these Departmental facts, but I may point out that the decision was given some time ago. It appears to me that a very fair answer was made by my right hon. Friend the Secretary to the Treasury—namely, that if any new facts could be alleged the subject would be re-considered.