§ MR. CARSON (Dublin University)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether the Court of Appeal in Ireland has dismissed the appeal front the order of the Queen's Bench Division holding that the refusal of the Executive to give police protection to sheriffs at night in the execution of judgments was illegal, and what steps he intends to take in consequence?
MR. J. MORLEYThe Court of Appeal in Ireland decided yesterday that it had no jurisdiction to entertain an appeal from the decision of the Queen's Bench Division in this matter. They did not cuter into the merits, but dismissed the appeal on the point of jurisdiction, and upon that alone. The Lord Chief Baron, than whom there is 1713 no more competent authority upon the Bench, in giving judgment, is reported to have said that he was personally desirous that some mode should be devised which would involve a decision of the House of Lords—not as a political body, but as a tribunal of appeal—upon the matter; he could consider no matter more worthy of the consideration of that high tribunal. And Lord Justice Barry said he regretted, in common with the Chief Baron, that they were not in a position to give an authoritative opinion involved in the decision of the Queen's Bench; that it would be very satisfactory indeed if the matter could be put on a solid and distinct basis. That is the effect, so far as I can gather from the newspaper reports, of what passed yesterday in the Irish Court of Appeal. A new regulation will be at once framed in conformity with the law as declared by the Court of Queen's Bench; but in the face of the language used by the Lord Chief Baron and Lord Justice Barry, it will be for the Irish Government to consider whether they cannot obtain a decision from the highest Court of Appeal upon the point, and whether Parliament ought not to be asked to settle this question, and, I hope, to settle it in conformity with the general current of legislation, which has been restrictive of these night operations.
§ MR. CARSONMight I ask the right hon. Gentleman whether he has any objection to lay upon the Table of the House the judgments of the Judges of the Queen's Bench Division?
§ MR. T. M. HEALY (Louth, N.)While the right hon. Gentleman is considering that matter, may I ask him at the same time to say whether he will consult the law officers as to whether they are satisfied with the decision on the question of jurisdiction, and whether they will consider the possibility of taking the point to the House of Lords?
MR. J. MORLEYIn reply to the hon. Gentleman and to my hon. Friend I have to say that we have not, as yet, got a full and authentic report of yesterday's proceedings, but we shall consider, whether it is proper to lay a copy of the judgment on the Table, and whether it is not possible to take up to the highest tribunal the question of jurisdiction which was decided yesterday.