HC Deb 16 June 1893 vol 13 cc1186-7
MR. FLYNN (Cork, N.E.)

I beg to ask the Chief Secretary to the Lord Lieutenant whether his attention has been called to the proceedings at Ballyclough (County Cork) Petty Sessions on Monday, the 5th instant, when a lad, Michael Higgins, aged 15 years, who was charged with assaulting and intimidating a boy named William Davidson, was sentenced by the Magistrates to 14 days' imprisonment and to be sent to a reformatory for a period of three years; is he aware that the solicitor for the defence applied to have the term of imprisonment increased, to give him an opportunity for appealing, and was refused; and, if so, were the Magistrates justified by law in refusing this appeal; under what Statute or authority were the Magistrates justified in sentencing this lad to three years in a reformatory for a first offence of this kind; and whether an immediate inquiry will be made into all the circumstances of the case?

MR. J. MORLEY

The facts are substantially as stated in the first paragraph of the question. The conviction was under the Reformatory Schools (Ireland) Act, 1868. Disturbances had for some time existed in the locality. The young offender was one of the ringleaders. When these disturbances have wholly ceased it will be open to the boy's father to memorialise for his discharge, giving, at the same time, an undertaking for his future good behaviour. I have no information as to whether the Magistrates refused to increase the sentence of 14 days' imprisonment. An appeal from a Magistrate's order committing to a reformatory can be made as of right to the ensuing Quarter Sessions under the Reformatory Schools (Ireland) Act—namely, 31 & 32 Vict., c. 59, sec. 12.

MR. FLYNN

Was not this a case of mere assault, and why was it brought under an Act which, as I understand, is aimed solely at criminal offences? Is the right hon. Gentleman aware that the condition of things at the place has improved, that peace has been restored, and that the children do now go to school? Is he aware that a Memorial has been sent to the Lord Lieutenant praying that the boy may not be compelled to undergo the severe punishment of three years' detention in a reformatory school.

MR. J. MORLEY

I hope it is true that the children are now in full attendance at school. The case, I assure the hon. Member, has my attention, and if circumstances justify it the boy will certainly be released.

MR. FLYNN

But this boy is to go to the reformatory school on Tuesday next, and if that is allowed the stigma will rest on him all his lifetime.

MR. J. MORLEY

I should be sorry to think that any stigma should rest on him on account of the conduct charged against him. But I may remind the hon. Member that the boy has already been 14 days in prison; therefore, any stigma that may accrue has been already incurred, and the reformatory will not add to it. I will give the case close attention.

MR. SEXTON

Were the Magistrates justified by law in refusing to allow the case to go to a Superior Court?

MR. HUNTER (Aberdeen, N.)

Is the right hon. Gentleman aware that it is only customary to inflict reformatory sentences in cases of dishonesty, and that they are altogether inapplicable to cases of this nature?

MR. J. MORLEY

I think I must stand by the proposition I have already stated. The case has my close attention. I may add that from the first it has struck me as being one for inquiry. If the district has become quiet and remains so, I do not think hon. Members will have any fault to find with the action of the Government.