HC Deb 05 June 1893 vol 13 cc189-90
MR. T. M. HEALY (Louth, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, as the 6 & 7 William IV. c. 38, s. 8, uses the words that a publican shall not display any sign, flag, or symbol, colour, decoration, or emblem whatsoever, "except the known and usual and accustomed sign of such house," he will have a test case from Deny submitted to Petty Sessions, and a case stated thereon to the Superior Courts with a view to decide whether this section imports that it is lawful to fly a particular flag from licensed houses but forbids others?

SIR T. LEA (Londonderry, S.)

I should like to ask the right hon. Gentleman whether the object of this section has not been frequently stated to be to prevent retailers from permitting illegal assemblies in their houses or hanging out the banners of rebel associations? Would not the repeal of the section allow these things to be done?

MR. T. M. HEALY

No one proposes to repeal it.

MR. J. MORLEY

I will read the opinion of the Irish Law Officers, whom I have consulted. Their opinion is as follows:— In our opinion the 8th section of the Act of 1830 prohibits the hanging out or displaying of every flag, whether the Union Jack or other. The words used are of the largest kind, and they are strengthened by a use of the exception 'the known and usual and accustomed sign of such house.' The penalty provided by the 8th sec- tion may be proceeded for by any person. It is not necessary for the Crown to be the prosecutor. I should not think it wise for the Crown to prosecute for the exhibition of the Union Jack, or raise a test case as to such a flag. I may add that it is not the intention of the Government to prosecute for the exhibition of the Union Jack upon the occasion in question, nor to raise a test case thereupon.

MR. T. M. HEALY

May I inquire whether, as the late Government constantly prosecuted Nationalists for exhibiting flags or emblems, it would not be acting merely on the principle that what is sauce for the goose is sauce for the gander if a prosecution were ordered in regard to the display of the Union Jack at Derry?

MR. J. MORLEY

I quite agree with the principle that what is sauce for the goose is sauce for the gander. It is not for me, however, to invite Parliament to repeal the section of the Act in question, even if I were inclined to do so. It is sufficient for me to decide on the action of the Government as circumstances arise. I have already stated that in this case I do not think it would be wise for the Crown to institute a prosecution.

SIR T. LEA

When the right hon. Gentleman says that what is sauce for the goose is also sauce for the gander, I suppose that is equivalent to placing the Union Jack on a level with other Party emblems?

[No answer was given.]