HC Deb 18 September 1893 vol 17 cc1478-80
MR. BUTCHER (York)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland how many licensed victuallers have been appointed to the Commission of the Peace in Ireland for (a) counties and (b) boroughs since the present Government came into Office; what was the total number of licensed victuallers holding the Commission of the Peace in Ireland at the time when the present Government came into Office; and whether there is any case in England in which a licensed victualler holds the Commission of the Peace?

MR. J. MORLEY

The Lord Chancellor informs me that it would take several days to give a definite and complete answer to the second paragraph of the question. So far as his inquiries have proceeded, he is able to confirm what I stated to the House the other day, that since the present Government acceded to Office there is only one case in which a gentleman has been placed in the County Commission who retains a publican's licence in his own name. This gentleman, however, 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. Moreover, this Magistrate is disqualified by law from adjudicating in cases under the Licensing Acts. Several other gentlemen appointed to the County Magistracy by the present Government held spirit licences prior to their appointment, but they were required on their appointment to transfer their licences, and have done so. There are several instances of County Magistrates appointed by former Governments who, for reasons at the time deemed sufficient, were allowed to retain their spirit licences in their own names, but these persons are also debarred by law from taking part as Magistrates in licensing cases.

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

I wish to ask the right hon. Gentleman two questions arising out of his answer—namely, first, whether the Magistrates referred to are debarred from sitting at Petty Sessions as they are at Quarter Sessions in licensing business; and, secondly, in the case of the publicans who have transferred their licences, to whom have they transferred them, and was it a mere power of transfer?

MR. J. MORLEY

I cannot answer the last question. Of course that is a point I should be glad to have information upon, but it has not been supplied to me. As to the first question, whether they can decide cases at Petty Sessions, my information from my legal adviser is that they are disqualified by law from adjudicating in any case under the Licensing Act. That is all I can Bay.

MR. SEXTON (Kerry, N.)

I would ask the right hon. Gentleman whether any of the brewers and distillers appointed by former Governments to the Commission of the Peace in England and Ireland are allowed to administer the Licensing Laws in districts where the liquor they manufacture is sold and consumed?

MR. J. MORLEY

That is a question of which I must beg notice of my hon. Friend. I will make inquiry. I cannot answer offhand.

MR. BUTCHER

Can the right hon. Gentleman say approximately how many of these licensed victuallers hold the Commission of the Peace in boroughs?

MR. J. MORLEY

I will inquire, and inform the hon. Member. The total number of County Magistrates in Ireland is 4,697, of whom 331 have been appointed by the present Government. There are 530 Borough Magistrates, of whom 79 have been so appointed.