§ MR. CARSON (Dublin University)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, in the case of "The Attorney General v. Kinsane," before the Court of Queen's Bench in Ireland had given judgment upon the motion for attachment against the police officer for illegally refusing to give police protection, he had given directions to appeal from said judgment when given: and whether, in view of the fact that the Court of Appeal unanimously decided that no such appeal lay, and that the point was conclusively decided by the case of "O'Shea v. O'Shea" in this country, he will state whether this case was known to the Irish Executive before instituting this appeal; and whether the Irish Executive will be compelled to pay all the costs on both sides of the proceedings in the Queen's Bench and Court of Appeal, and out of what funds or Votes such costs will be defrayed?
MR. J. MORLEYDirections to appeal were given before the judgment of the Queen's Bench was pronounced. We shared the view, afterwards expressed by the Lord Chief Baron and Lord Justice Barry in the Court of Appeal, that some mode should be devised of obtaining a judicial decision of the House of Lords in a matter—as the Lord Chief Baron truly said—in the highest degree worthy of the consideration of that tribunal. The case of "O'Shea v. O'Shea" was known, but it was not anticipated by the legal adviser of the Irish Government that the facts would be held to be on all fours. The costs of the proceed- 43 ings will be defrayed by the Government out of the Vote for Law Charges.
MR. T. M. HEALYHas the hon. and learned Member who put the question availed himself of the opportunity of seeing at the Irish Office a list of these illegal seizures?
MR. J. MORLEYThat hardly arises out of the question, but I may say the hon. and learned Gentleman has applied to see the list. It is, however, not yet completed.