HC Deb 17 November 1893 vol 18 cc1134-6
MR. BUTCHER (York)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland what is the number of persons appointed to the Commission of the Peace in Ireland since the present Government came into Office (a) in boroughs, (b) in counties, who now hold, or within three months previous to their appointment to the Commission of the Peace held, licences for the sale of intoxicating liquors; in how many cases the licences of the persons so appointed have been transferred to the wife, or son, or some person as trustee for such persons respectively; and whether he will consent to a Return being made of the persons appointed to the Commission of the Peace in Ireland since the present Government came into Office, stating their names, addresses, and trades or professions?

THE CHIEF SECRETARY FOR IRELAND (Mr. J. MOBLEY,) Newcastle-upon-Tyne

The number of licensed victuallers appointed to the Commission of the Peace in Ireland since August 22, 1892, is 16. Of these, seven were placed in the Borough and nine in the County Commission. Of the nine County Justices eight were appointed on the condition that they would transfer their licences, and this condition has been complied with, except in one case, about which I am now making inquiry. The gentleman appointed to the County Commission in the remaining case retains, I believe, the licence in his own name, but he is a farmer, and holds the licence more as trustee for others than for his own benefit, and the licensed premises are situated in a different district from that in which he resides and acts as a Magistrate. As regards the seven borough appointments, I understand that none of these gentlemen transferred their licences on appointment, nor does it appear that any such condition was attached to their appointment. The same remark applies to the cases of the several licensed publicans placed in the Borough Commission by the late Government. A Return, which will give information as to the names, addresses, and trades or professions of the persons appointed to the Commission of the Peace in Ireland since the present Government came into Office, is now in course of preparation, and will, it is expected, be ready for presentation to the House within the next few weeks.

MR. T. W. RUSSELL (Tyrone, S.)

May I ask whether a publican appointed as a Magistrate, and who had not trans-ferredihis licence, is debarred from sitting on the Bench, and whether those transfers which are, no doubt, of a colourable character, did not enable such persons to sit on the Bench?

MR. J. MORLEY

I am afraid I cannot answer off-hand that delicate legal point, but if the hon. Gentleman will put the question down for another day, I will endeavour to give a proper legal answer.

MR. T. W. RUSSELL

I will put the question down for Monday.

MR. BUTCHER

Does the number 16 mentioned by the Chief Secretary include only those who now hold licences, and does it also include those who have held licences within three months previous to their appointments?

MR. J. MORLEY

I think it includes only those who now hold licences.

MR. FLYNN (Cork, N.E.)

Is the right hon. Gentleman aware that the late Government appointed licensed publicans to the Commission of the Peace?

MR. J. MORLEY

There is no doubt of that.

MR. SEXTON (Kerry, N.)

Is it not a well known fact that there is no obligation on a person appointed to the Commission of the Peace to transfer his licence?

MR. BUTCHER

Has the right hon. Gentleman any information as to the number of persons appointed to the Magisterial Bench who have held licences within three months previous to their appointments?

MR. J. MORLEY

I have not.

MR. MACFARLANE (Argyll)

Is the right hon. Gentleman aware that the present Lord Chancellor of England has just appointed a Conservative publican to the Argyllshire Bench?

[No reply was given.]