§ MR. J. PINKERTON (Galway)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland when he will be prepared to submit to the House the Report of the Committee presided over by Lord Playfair, and appointed to inquire into the application of an age limit to the officers of the Queen's Colleges in Ireland.
§ * MR. HANBURYThe Government have not yet received the evidence taken by the Committee on which the Report is based. When the evidence has been received and they have had time to consider the Report, they will consider the question of laying the Report on the Table.
§ MR. MAURICE HEALYI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, whether, in the case of Dr. Moffett, president of the Queen's College, Galway, the Queen's letter, retiring him under the '65 Rule," was withdrawn on the ground that that rule did not apply to the predecessors of the Queen's Colleges; can he state what Dr. Moffett's age is; and whether, in view of the decision in his case, compensation will be made to Professor England, of the Cork College, for the injury he has sustained by his having been compulsorily retired under a rule having no application to him?
§ MR. EDWARD CARSON (Dublin University)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, whether the "65 Rule" as to superannuation applies to professors of the Queen's Colleges in Ireland; whether Professor England was compulsorily retired on the allegation of the Executive in Ireland, that he was bound to retire in consequence of the said rule; whether, in consequence of the opinion of Lord Herschell that such Rule did not apply to professors of the Queen's Colleges, a Queen's letter dismissing Professor Moffett of Galway was withdrawn; whether there is any distinction between 535 the cases of Professor Moffett and Professor England; and whether, under the circumstances, compensation will be awarded to Professor England?
§ MR. GERALD BALFOURWith the permission of the House I will reply to the question of the hon. Member for Cork (Mr. M. Healy), and of the hon. and learned Gentleman the Member for Dublin University (Mr. Carson), together. Since Monday last, when I gave an answer on the same subject, I have looked further into the papers, and frankly admit that the question whether the Order in Council of August 15, 1890, on its proper construction applies to the presidents and professors of the Queen's Colleges is more complicated than I then supposed, inasmuch as it appears that the matter has never been decided by a Court of Law, and the Law Officers of two successive Governments have differed in opinion as to its application. The late Government, acting on the opinion of their Law Officers, held that there was no doubt as to the application of the terms of the order to these colleges, but that there was a question as to the policy of the order being applied. This latter point they referred to Lord Herschell for consideration. He decided that the regulations of the order ought not to be applied, but recommended that an inquiry should be held as to whether an age limit should be fixed in the case of these appointments. In view of this proposed inquiry, action in the case of Dr. Moffett was suspended by the withdrawal of the Royal Warrant to await the result of the Committee's Report. Dr. Moffett appears to be now 74 years of age. Professor England was compulsorily retired on December 22, 1894, under the Order in Council. There is no dictinction as regards the origin of the proceedings in the respective cases of Dr. Moffett and Professor England, in each case the proceedings having been under the Order in Council, though the merits of these cases do not appear to have been identical. The question whether, in view of all the circumstances of the case and of the doubt attaching to the legal construction of the Order, Professor England is equitably entitled to compensation is one on which I cannot express at present a decided opinion. The Committee referred 536 to have just reported. When I have had the advantage of considering their Report I shall then be in a position to determine whether any recommendation should be made to the Treasury to sanction compensation to Professor England in the matter.
§ MR. MAURICE HEALYWill any decision be announced during the present Session?
§ MR. GERALD BALFOURI believe that the Committee, have just reported, but whether I shall be able to consider their Report so as to announce my decision during the present Session I cannot say.
§ MR. MAURICE HEALYI shall repeat the question later on.