HC Deb 12 January 1894 vol 20 cc1456-7
MR. SEXTON

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whet her the Irish Constabulary are instructed to ascertain, before attending at an eviction of any class, that it is legally authorised by an order of a competent Court; upon what instructions the Constabulary are to act when the landlord or his representative, on the completion of an eviction, proceeds to burn or level a dwelling-house; whether it is intended to employ the Constabulary in occupying evicted farms when trespass is said to be apprehended; and whether the Irish Government, in cases where application is made to them for police to attend evictions, will require such specific notice to be given at the time of the eviction as will enable the relieving officer to attend, and to make due provision in cases of urgent need for sick, aged, and infirm persons?

MR. J. MORLEY

No instructions of the nature indicated are issued to the Constabulary. Sheriffs have a right to require protection for themselves and their bailiffs when executing the processes of a Court of Law. In their requisitions for protection they must state the nature of the execution and the Court or Division out of which issued, and it is the duty of the officer in charge of the protecting party to ascertain the nature of the authority under which the Sheriff acts; whether it be writ of Superior Court or a civil bill decree, &c., as the time for legally executing such processes differs. It is also the duty of the Constabulary, when protecting bailiffs in the execution by them of a Sheriff's warrant, &c. (the Sheriff not being present), to ascertain (a) that the bailiff about to execute the warrant has in his custody the warrant authorising him to execute the warrant or decree; (b) that the signature of the Sheriff is attached to the warrant; and (c) that the bailiff to whom the warrant is addressed is there in person to execute it. When the land-lord or his representative, on the completion of an eviction, proceeds to burn or level a dwelling-house the Constabulary are instructed to withdraw from the scene and to refuse protection to persons engaged in such demolition or burning. But if a serious breach of the peace be anticipated, it is the duty of the Constabulary to have patrols in the vicinity to prevent any violence or outrage, but not for any other purpose. It is not intended to employ the Constabulary in occupying evicted farms when trespass is said to be apprehended except in cases where it is anticipated that such trespass will be accompanied by such a show of force as would reasonably be calculated to inspire terror and constitute an illegal assembly. As regards the fourth paragraph, under Section 2 of the Act 11 & 12 Vict., c. 47. notice must be served on the relieving officer of the intended eviction "not less than 48 hours" before the execution of any writ of possession. The statute does not appear to impose any obligation of stating the precise time when the eviction will take place, and the Executive have; no power to compel landowners to give more specific information than the Act provides, and has no efficient means of exerting any influence for the purpose.

MR. MACARTNEY

Is there any ground for supposing that cases of hardship have arisen from the evictions that have been carried out?

MR. J. MORLEY

I have no cases in my mind, but I am well aware that considerable inconvenience has arisen from the uncertainty due to the present arrangement.

MR. MACARTNEY

But the Local Government Board have not informed the right hon. Gentleman of any cases of hardship.

MR. J. MORLEY

I cannot recall any for the moment.

MR. BYLES (York, W.R., Shipley)

Are we to understand from the answer that the police are sent for the protection and not for the assistance of the bailiffs in their work?

MR. J. MORLEY

I have given a good many answers in this House which all point to that.